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    Paraverse Technology’s Products & Services User Agreement

    Introduction

    Welcome to use Paraverse Technology products and services!

    In order to use Paraverse Technology software products (hereinafter collectively referred to as the “Software”) and services, you should read and abide by the “Paraverse Technology Products & Services User Agreement”, (hereinafter referred to as “this Agreement” or “User Agreement”). Please read carefully and fully understand the contents of each clause.

    Unless you have read and accepted all the terms of this agreement, otherwise you have no right to download, install or use this software and related services. Your downloading, installation, use, login and other behaviours are deemed to have read and agreed to be bound by this agreement. Once you select “I have read and agree” and complete the registration process or log in to your account on this website, you agree to abide by all the provisions of this agreement.

    1.【Scope of Agreement】

    1.1 Scope of application of the agreement

    1.1.1 This agreement is a valid contract between Paraverse Technology Limited (hereinafter referred to as “Paraverse Technology”) and the user (hereinafter referred to as “you”), and this agreement is binding on both parties.

    1.1.2 Paraverse Technology promises that Paraverse Technology is a company legally established in accordance with the laws of the Hong Kong Special Administrative Region (hereinafter referred to as “Hong Kong”), and is a parallel world cloud computing service provider.

    1.1.3 You acknowledge that you shall have full legal capacity and a full legal entity – natural or legal person or other organisation with the capacity to act (hereinafter collectively referred to as “Legal Entity”).

    1.1.4 Due to your business needs, you will use Paraverse Technology to render related products, and Paraverse Technology will provide services.

    1.2 Service use

    1.2.1 Service content: You need to complete account registration on Paraverse Technology’s website to use it. The specific products & services content provided by Paraverse Technology is subject to the content displayed on Paraverse Technology’s website.

    1.2.2 This agreement comes into effect: It will take effect from the date you choose “I have read and agree”, that is, the date this agreement is signed.

    1.3 Agreement relationship and conflicting terms

    This agreement is regarded as a supplementary agreement to the “Purchase Contract of Lark XR Real-time Cloud Rendering Software License & Professional Services”, which is an integral part of it and forms a unified whole with it. In case of any conflict between this agreement and the above content, this agreement shall prevail. The content of this agreement also includes that Paraverse Technology may continuously publish relevant agreements, service statements, business rules and announcement guidelines for this service (hereinafter collectively referred to as “special rules”). Once the special rules are officially released, they are an integral part of this agreement, and you should also abide by them.

    2.【Product Service】

    2.1 Related definitions

    Paraverse Technology cloud rendering software: refers to the software developed and operated by Paraverse Technology, which enjoys independent intellectual property rights and is the XR Cloud product software specially provided for developers and enterprises, includes but is not limited to Lark XR, hereinafter referred to as “Lark XR”.

    Institution user: refers to the person who obtains the right to use the software according to the method and channel specified by Paraverse Technology, and has management authority over the corresponding Paraverse Technology account (hereinafter referred to as “account”, including corporate user account and personal user account).

    Individual user: Refers to individual developers or licensed users. Ordinary users of this software are referred to as individual users here.

    2.2 Product service content

    The content of product services means that through this software and/or specified products of Paraverse Technology can be processed and perform related operations (such as uploading application files in this software, PaaS platform management, SDK calls and secondary development, etc.) as a enterprise services (referred to as “this service”). The specific product is subject to the actual designation of Paraverse Technology. When users use this service to perform related operations, they need to abide by the service rules and special rules of related products, including but not limited to this Agreement.

    2.3 Product service form

    You may be able to use your computer, mobile device, AR/VR devices and other terminals to use this service in the form of clients, web-pages, etc., and the details are subject to those provided by Paraverse Technology. At the same time, Paraverse Technology will continue to enrich the terminals and forms you use this service. When you use this service, you should choose the software version that matches your application content, terminal, system, etc., otherwise, you may not be able to use this service normally. Any problems or damages caused by the mismatch between software, operating system and terminal equipment parameters shall be borne by the user.

    2.4 Conditions for obtaining products and services

    2.4.1 This product and service is a paid / chargeable service, institution users and individual users can purchase and obtain the Lark XR’s software licence (s) through the Paraverse Technology developer platform and offline business channels. You have to submit the relevant user registration qualification materials to register the user account according to the requirements of Paraverse Technology. The user pays the relevant software licence fee and professional service fee for this service. Paraverse Technology will assign the corresponding software authorization code to the user. The user can use the service and corresponding Lark XR software features. When users use other products and services of Paraverse Technology through Paraverse Technology accounts, they must also abide by the terms of service of each service.

    2.4.2 Paraverse Technology reserves the right to unilaterally charge fees for related services and change the charging standards and methods; as well as giving vouchers and other preferential forms. You should ensure that when using products and services, you will pay in accordance with the relevant charging regulations of Paraverse Technology. In case of refusal to pay or delayed payment, Paraverse Technology has the right to stop the service and recover losses and compensation.

    2.4.3 You should complete the contract / subscription / licence renewal and payment procedures with Paraverse Technology in advance before the service expires. Otherwise, Paraverse Technology has the right to retrieve and terminate the service and the corresponding software and hosting server usage rights without notifying you after the expiration of your service period. After the service expires, Paraverse Technology has the right to clear all your data, information, etc. generated by using this service at any time, and you must bear any losses caused to you by yourself, and you have no right to make any claims against Paraverse Technology. After such retrieval and termination, if you still need to use this service, you need to pay again, and Paraverse Technology will re-allocate a new authorization code (and other product hosting cloud servers, etc.), and you will not be able to continue to use the original authorization code, server and corresponding data.

    3. [User Registration]

    When you register a user account to activate this service, you should first submit relevant legal and authentic qualification documents and other materials necessary for the operation or operation of the applicant company to Paraverse Technology for Paraverse Technology to verify the authenticity and legality of the application company information. (Including but not limited to basic information such as Business Registration, company’s Certification of Incorporation, and/or industry-related information such as qualification, operation licences or approval documents). Individual users submit applicant information or identity verification. If the relevant information is changed, you must provide the latest relevant information to Paraverse Technology in a timely manner. If Paraverse Technology finds that you do not have the relevant qualifications or the materials you submit (including but not limited to the legal entities’ identity information, industry qualifications, special industry operations or special requirements necessary for operations) during your activation and use of this product and service. If there is forgery or fraudulent use of others’ enterprise entity or identity (Including but not limited to basic information such as Business Registration, company’s Certification of Incorporation, and/or industry-related information such as qualification, operation licences or approval documents), Paraverse Technology has the right to immediately terminate all services of the activated products and not refund the fees you have already paid. If any losses are caused to you, you shall bear all the losses by yourself, and you have no right to make any claims against Paraverse Technology. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All of the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

    4. [Acquisition of software]

    4.1 You can obtain this software directly from the Paraverse Technology website, or from a third party licensed by Paraverse Technology.

    4.2 If you obtain this software from a third party that is not licensed by Paraverse Technology, Paraverse Technology cannot guarantee that the software can be used normally, and will not be responsible for any losses caused to you.

    5.【Notes for users】

    5.1 You fully understand and agree that some specific products and services may require separate agreements.

    5.2 If you stop using the software and services or the services are terminated or cancelled, Paraverse Technology can permanently delete your data from the server. When your service is down after termination or cancellation, Paraverse Technology cannot and has no obligation to return any data to you.

    6. [User Prohibited Behaviours]

    6.1 In the process of using this service or this software, you shall abide by relevant laws, regulations and policies, user agreements, rules and regulations, etc., and shall not engage in any behaviour including but not limited to the following, nor provide convenience for any of the following behaviours:

    6.1.1 Acts prohibited by laws and regulations

    Do not engage in any of the following acts, including but not limited to, nor do any of the following to provide behavioural convenience:

    • Objecting to the basic principles established by the Constitution of People’s Republic of China and the Basic Law of Hong Kong Administrative Region;
    • Endangering national security, leaking state secrets, subverting state power, and undermining national unity;
    • Damage to national honour and interests;
    • Inciting ethnic hatred, ethnic discrimination, and undermining ethnic unity;
    • Undermining the state’s religious policy, promoting cults and feudal superstitions;
    • Spreading rumours, disrupting social order, and undermining social stability;
    • Spreading obscenity, pornography, gambling, violence, murder, terror or abetting crimes;
    • Propagating and selling arms, drugs, and illegal drugs;
    • Insulting or slandering others, infringing upon the legitimate rights and interests of others;
    • Contains other acts or content prohibited by laws and administrative regulations.

    Unless you have written permission from Paraverse Technology, you may not engage in the following acts:

    • Delete information about copyright on the software and its copies;
    • Reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code of the Software;
    • Without the written consent of Paraverse Technology, no one may use, modify, reproduce, publicly disseminate, change, distribute, distribute or publicly publish the programs or content on this website. It is your duty to respect intellectual property rights, and if there is any violation, you shall be liable for damages.
    • By modifying or falsifying the instructions and data in the running of the software, adding, deleting, or changing the functions or operating effects of the software, or operating or disseminating the software and methods used for the above purposes to the public, regardless of whether these acts are for commercial purposes;
    • Other behaviours that may affect or interfere with the normal operation of the software.

     

    6.2 Handling of damage

    6.2.1 Due to your illegal writing, running, using programs or software, etc. causes the Paraverse Technology network is interrupted or other users cannot normally use the Paraverse Technology services, the Paraverse Technology has the right to interrupt the Internet access service, or even terminate this agreement, and you should pay the Paraverse Technology the liquidated damages, which can be deducted from the remaining amount of your residual credit in your account at the first place. In addition, if the compensation fee is not enough to make up for the loss of Paraverse Technology, you should make up for it to balance out the whole amount of liquidated damages.

    6.2.2 If you violate the agreement and Paraverse Technology takes corresponding measures in accordance with the agreement, which causes damage to you or any third party, you shall bear the corresponding consequences (including but not limited to the measures taken by Paraverse Technology in accordance with the contract that cause the service corresponding to the fee you have paid to be affected. You agree that Paraverse Technology does not need to return any responsibility for the paid fee, and you shall bear the relevant losses yourself.) Paraverse Technology suffers losses due to this, and you should also compensate for it.

    6.3 Appeal for Account Suspension

    If you have any objection to your account being suspended by Paraverse Technology, you can appeal to Paraverse Technology through the appeal process. You can understand and operate the specific appeal process, conditions, requirements, etc. through the following two channels:

    • email business@paraverse.cc to make a complaint
    • call the service hotline: +86 400 678 1024 to make a complaint

    7.【Intellectual Property Statement】

    7.1 Paraverse Technology is a cloud rendering software and application hosting platform product, including but not limited to works, pictures, files, information, materials, architecture, page design, and real-time cloud rendering programs (server and client) are legally owned by Paraverse Technology. The entire and holistic Intellectual property rights, including but not limited to trademark rights, patent rights, copyrights, trade secrets, etc. are also legally owned by Paraverse Technology.

    7.2 Without the written consent of Paraverse Technology, you may not implement, use, or transfer the above intellectual property rights by yourself or permit any third party for any commercial or non-commercial purpose.

    7.3 You promise to keep the Paraverse Technology brand exposed in the lower right corner of the application startup / loading page. It shall not be covered and hidden by any technical means or in any form. Once discovered, Paraverse Technology will immediately terminate the authorization / application hosting service, and reserves the right to sue for brand infringement. Paraverse Technology is not responsible for the impact and loss caused by your use, and you should bear the responsibility for brand damage.

    7.4 Authorization type correspondence logo exposed
    You express your awareness and acceptance of the brand exposure forms corresponding to different authorizations of Paraverse Technology’s Lark XR.

    Licence type
    Logo watermark display at the bottom right-hand-side corner (orientation by facing toward the screen)
    Logo watermark display at centre of the start-up or loading page (orientation as facing toward the screen)
    01 Basic version
    Irreplaceable
    02 Developer version (Industry partners) #development version fees is chargeable
    Replaceable,When the user replaces his / her own logo on start-up / loading page, Logo watermark of Paraverse Technology shall appear as greyed out and to be displayed at the bottom right-hand-side corner (orientation as facing toward the screen)
    03 Developer version (Brand Owner) # development version fees is chargeable
    no watermark
    Replaceable,When the user replaces his / her own logo on start-up / loading page, Logo watermark of Paraverse Technology shall appear as greyed out and to be displayed at the bottom right-hand-side corner (orientation as facing toward the screen)
    04 Developer Version (Server-end API) # development version fees is chargeable
    Irreplaceable
    05 Developer Version (Brand Owner + Server-end API) # development version fees is chargeable
    no watermark
    Replaceable,When the user replaces his / her own logo on start-up / loading page, Logo watermark of Paraverse Technology shall appear as greyed out and to be displayed at the bottom right-hand-side corner (orientation as facing toward the screen)

    8. 【The right to use the licence granted by you】

    You fully understand and agree to irrevocably grant Paraverse Technology and its affiliates the following rights:

    8.1 The content provided by Paraverse Technology in this software (including but not limited to web pages, the intellectual property rights of text, pictures, audio, video, charts, etc.) belong to Paraverse Technology, and the intellectual property rights of the content generated by the user in using this service belong to the user or relevant rights holders.

    8.2 For the applications you provide and the usage scenarios involved in your use of this product

    (Including but not limited to web pages, software or other online or offline hosting platforms associated with the functions of this software), you grant Paraverse Technology a general, permanent and free licence to use (and has the right to sublicense that right at multiple levels), so that Paraverse Technology Company has the right to (in whole or in part) to use, reproduce, revise, publish, translate, distribute, perform and display “your application” or make derivative works thereof.

    8.3 The intellectual property rights of the above and any other content contained in this service are protected by law, and no one may use or create related derivative works in any form without the written permission of the user, Paraverse Technology or the relevant obligee.

    8.4 When you violate this agreement or other agreements signed with Paraverse Technology, Paraverse Technology has the right to notify users in any way and take restrictive measures against your rights and interests, including but not limited to terminating some or all of the services provided to you.

    9. 【Force Majeure】

    9.1 The term “force majeure” in this agreement refers to the parties to this agreement due to earthquake, typhoon, flood, fire, war, coercive actions of the government or relevant agencies, and other unforeseeable objective situations whose occurrence and consequences cannot be prevented or avoided and cannot be overcome.

    9.2 Due to force majeure, you and Paraverse Technology or either party cannot perform or complete the relevant obligations under this agreement, both parties shall not be liable for breach of contract, but shall notify the other party in writing as soon as possible, take all necessary measures to reduce losses, and negotiate an appropriate extension of the contract period. The party who encounters force majeure shall, after the occurrence of force majeure, inform the other party of the situation within TEN working days and provide proof from the relevant department.

    9.3 If the purpose of this agreement cannot be achieved due to force majeure, either party has the right to terminate this agreement, but shall notify the other party in writing FIVE working days in advance.

    9.4 If the government relevant department makes a request, Paraverse Technology will suspend or terminate the provision of corresponding services and will not bear any responsibility.

    10.【Suspension and Termination of Service】

    10.1 If you notify Paraverse Technology in writing that you do not accept the new service agreement modified by Paraverse Technology, Paraverse Technology has the right to suspend or terminate the provision of services to you at any time.

    10.2 You cannot continue to be applicable to this service or Paraverse Technology, due to force majeure, cannot provide the service, either party has the right to terminate the agreement at any time.

    10.3 If other suspension or termination conditions stipulated in the relevant provisions of this agreement occur or are realised, Paraverse Technology has the right to suspend or terminate the provision of services to you at any time.

    10.4 Due to your violation of this Agreement, Paraverse Technology has terminated the provision of services to you in accordance with the provisions of this Agreement, and if you subsequently register to use this service in the name of another person or institution, Paraverse Technology has the right to unilaterally suspend or terminate the provision of this service.

    11. [Dispute Resolution and Others]

    11.1 Your use of this software or this service is deemed that you have read and agreed to be bound by this agreement. Paraverse Technology has the right to modify the terms of this agreement when necessary. You can check the relevant agreement terms in the latest version of this software and this service. After the terms of this agreement are changed, if you continue to use this software and this service, you will be deemed to have accepted the revised agreement. If you do not accept the revised agreement, you should stop using this software.

    11.2 The place where this agreement is signed is Hong Kong, Hong Kong Special Administrative Region of People’s Republic of China.

    11.3 The establishment, entry into force, performance, interpretation and dispute resolution of this agreement shall be governed by the laws of Hong Kong, Hong Kong Special Administrative Region of People’s Republic of China.

    11.4 If there is any dispute or controversy between you and Paraverse Technology, it should first be resolved through friendly negotiation; if the negotiation fails and no agreement can be reached through negotiation. Afterwards, within 30 calendar days, either party may submit the dispute or disagreement to mediation / arbitration. The parties will agree upon the selection of the mediator, but failing agreement, The Law Society of Hong Kong will appoint the mediator. The mediation / arbitration will be conducted in accordance with the mediation / arbitration Rules of The Law Society of Hong Kong. The mediation / arbitration result is final and binding on both parties.

    11.5 All mediation-related / arbitration-related claims, damages, losses, liabilities, mediation / arbitration costs (including but not limited to mediation / arbitration fees, translation fees and other  mediation / arbitration costs) and other expenses (including but not limited to reasonable attorney fees) shall be borne by the losing party.

    11.6 If this Agreement has multiple language versions such as Chinese and English, any inconsistency corresponding content arised, the content of the Chinese version shall prevail.

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