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Goodix Account User Agreement

Welcome to register and use Goodix Account!

 

This Agreement is entered into by and between you and Goodix Technology with respect to the registration and use of the Goodix Account.Goodix Technology (hereinafter referred to as “Goodix”) hereby reminds you to carefully read and fully understand the terms and conditions of this Agreement, especially the clause of service fees, the exemption and limitation of Goodix’s liability, restrictions on your rights, dispute resolution and applicable law, etc. These terms are emphasized in bold form. Please read carefully and choose to accept or not to accept this Agreement (Minors shall be under the guidance of a guardian or legal representative while reading this Agreement).You shall not have the right to register and use Goodix Account unless you accept all the terms and conditions of this Agreement. Your registration and continuing use of the Goodix Account will be deemed that you have fully understood this Agreement (this Agreement and subsequent updates or individual agreements for the opening or use of a service ) and agree to be bound by the terms and conditions of this Agreement.

 

I. Introduction to Goodix Account

 

1.1 The main contents contained herein include: Account usage rules, User’s Rights and Obligations, Disclaimer and legal liability etc. When registering a Goodix account, accessing or using our products or services, you shall also comply with other related agreements (if any) of us, for example, Goodix Privacy Policy etc.

 

1.2 You know and agree that this Agreement may be amended by Goodix, but such amendments are aimed at providing better services to you or are made in accordance with mandatory provisions of laws and regulations. Occasionally, representational modification to this Agreement may be made in order to enhance the legibility. If any substantial amendment is made to this Agreement, which reduces or abridges your rights or interests, Goodix will notify you via the contact details you provided or through public announcement. If you continue to use Goodix’s products or services, after receiving the above amendment notification, you will be deemed to have known such amendment and agree to be bound by the terms thereof.

 

1.3 Our products and services are mainly targeted at adults. If you are a minor, please experience or use our products and services with the consent of your parent or legal guardian.

 

II. Account Usage Rules

 

1. Registration of Account

 

1.1. You acknowledge that before you begin the registration process using the Goodix Service, you shall have the full civil capacity to comply with your conduct as required by the laws of the People's Republic of China. If you do not have the aforementioned civil capacity to be appropriate to your actions, you and your guardian shall be liable for all consequences as a result of the law.

 

1.2 Goodix Account refers to the identifier and tool which is owned and managed by Goodix and which is used for verifying the identity of, and providing services to, the user. As an initial registration applicant, you only have the right to use the Goodix Account registered in your own name. You may access our web pages and experience our products and services without the need to register a Goodix Account, but you can enjoy more services and experiences by registering for a Goodix account. For example, you can receive the latest information about Goodix; participate in Goodix activities; upload your personal photos; share comments and feedback and purchase Goodix goods through your Goodix Account.

 

1.3 You shall provide timely, detailed and accurate personal information, and constantly update the registration information in a timely, detailed and accurate manner.You warrant that all information you have submitted at the time of registration (including but not limited to mobile phone number, email address, etc.) is true, accurate, legal, and valid and are your own. Goodix will not be responsible for any related problems arising from untrue registration information or untimely updates. You may check and correct your information through the Goodix Account Personal Center page. You shall use the real identity information which has been authenticated to register account, and all registration information such as the account name and profile you submit shall not be illegal or harmful. If the above situation exists after Goodix’s examination, the registration will not be permitted by Goodix; meanwhile, after the registration, if Goodix finds that you fraudulently obtained the account name for registration with false information, or if your account profile and other registration information are illegal or harmful,Goodix has the right to take measures unilaterally without notice, including but not limited to requesting correction within a time limit, suspending of use and termination the use of your account. You will successfully register a Goodix Account and become a Goodix registered user after you follow the registration page prompts to fill out the information, read and agree all the terms of this Agreement and complete all registration procedures.

 

2. Use of Account

 

2.1 You shall be liable for all acts related to your Goodix Account.

 

2.2 Your Goodix Account contains the details about your personal information and Goodix business information, therefore your Goodix Account is for your personal use only. Without the consent of Goodix, the behavior that you directly or indirectly authorize a third party to use your Goodix Account or obtain information related to your account is deemed to be invalid.

 

3. Custody of Account

 

3.1 Goodix Account includes account name and password. You may log in with the set account name (including account ID, mobile phone number) and password. You shall take good care of your account and password, and change your password regularly.

 

3.2 If your current Goodix Account is not initially registered by yourself or is obtained through other ways provided by Goodix, provided that you know the password of such Goodix Account, you shall not log in with such Goodix Account or take any action except notifying Goodix or the person initially registered this Goodix Account at once.

 

4. Assignment of Account

 

4.1 You may use the Goodix Account within the scope as agreed in this Agreement. You shall not maliciously register the Goodix Account, nor give, borrow, rent, assign or sell the Goodix Account with or without compensation, or otherwise permit the non-initial registrant to use the Goodix Account. Goodix has the right to independently determine and deal with the aforementioned behaviors, and you shall bear any responsibility arising therefrom, and Goodix reserves the right to pursue the legal responsibility of the above-mentioned actor. And all responsibility arising therefrom shall be borne by you.

 

4.2 Goodix has the right to take the following measures against you in accordance with laws and regulations:

 

4.2.1 If you violate laws and regulations and the rules of Goodix’s business Goodix has the right to make independent judgments and take measures, including but not limited to request correction within a time limit, suspend of use, terminate the use of your Goodix Account at any time, and decide whether to resume the use of such account according to actual conditions.

 

4.2.2 If Goodix finds that you are not the initial registrant for such account, Goodix has the right to terminate the use of your account without notice.

 

4.2.3 Goodix will, in accordance with this Agreement or relevant laws and regulations, require you to correct within a time limit, suspend or terminate the use of your Goodix Account, and thereby cause losses to you (including but not limited to the emptying of user data and related data, etc.) You are responsible for it.

 

5. Account Security

 

5.1 Your account is created and safeguarded by yourself. Goodix will not require you to provide your password at any time. We recommend that you take appropriate measures to protect your account, including but not limited to installing anti-virus Trojan software, changing your password regularly.

 

5.2 Goodix will not be liable for any losses and consequences arising out of your proactive disclosure or other person’s attacks or fraud. You shall recover from the infringer through judicial, administrative authorities and other remedies.

 

6. Service Termination

 

6.1 In order to make full use of the Goodix account resources, if you fail to initially login and use your Goodix Account in a timely manner after registering your Goodix Account; or fail to log in and use your Goodix Account within designated continuous period of time; or violate the terms of this Agreement, Goodix shall have the right to terminate the use of your Goodix Account and discontinue its provision of services to you.

 

6.2 You acknowledge and agree that Goodix shall have the sole discretion to temporarily or permanently terminate all or part of the services at any time in accordance with its own business conditions. If such termination substantially affects your rights or interests, Goodix will inform you of the relevant measures through website announcements or contact detail provided by you. After receiving the notices and measures, please take appropriate methods to dispose of the information and virtual property (if any) under your Goodix Account within the specified time. If you fail to do so in accordance with the methods prescribed by Goodix in a timely manner, you shall solely assume all related liabilities.

 

III. User’s Rights and Obligations

 

1. When using the Goodix Service, you must abide by the relevant laws and regulations of the People's Republic of China such as the Cyber Security Law and the Internet News Information Service Management Regulations. You shall agree that you will not use this service for any illegal or improper Activities, including but not limited to the following behaviors

 

1.1 Uploading, displaying, posting, spreading or otherwise transmitting information in any other forms containing one of the following contents:

 

1.1.1 Objecting to the fundamental principles laid down in the Constitution;

 

1.1.2 Endangering national security, divulging state secrets, subverting state power and undermining national unity;

 

1.1.3 Prejudicial to the honors and interests of country;

 

1.1.4 Incitement to ethnic hatred, ethnic discrimination, and violation of national unity;

 

1.1.5 Destroy religious policies of the State, propagate heretical and feudal superstition;

 

1.1.6 Spreading rumors, disturbing social order and destabilizing social stability;

 

1.1.7 Spreading obscenity, pornography, gambling, violence, murder terror or abetting a crime;

 

1.1.8 Insulting or slandering others and infringing upon the legitimate rights of others;

 

1.1.9 Containing false, harmful, coercive content, and invasion of privacy, harassment, infringement, slander, vulgarity, obscenity, or otherwise morally objectionable content;

 

1.1.10 Involving other contents restricted or prohibited by Chinese laws, regulations, rules, ordinances and any legally binding norms;

 

1.2 Do not use the Goodix services to engage in the following activities:

 

1.2.1 Entering the computer information network or using computer information network resources, without permission;

 

1.2.2 Deleting, modifying or adding the computer information network function, without permission;

 

1.2.3 Deleting, modifying or adding the data and applications stored, processed or transmitted in the computer information network, without permission;

 

1.2.4 Deliberately making and disseminating destructive programs such as computer viruses;

 

1.2.5 Conducting any business practices such as advertising, selling goods, or any illegal acts that infringe on the interests of Goodix.;

 

1.2.6 Other behaviors that endanger computer information network security.

 

2. If there is any claim, requirement or loss (including reasonable attorney fees)asserted by any third party against Goodix, Goodix’s partner companies and affiliates arising out of your violation of the provisions of this Agreement or the relevant terms of services, you agree to reimburse and prevent Goodix, Goodix’s cooperative companies and affiliates from any damage. At the same time, Goodix has the right, depending on the nature of your conduct, to take measures including but not limited to deleting the published information, suspending the use of the Goodix Account, terminating the services, restricting the use of the Goodix Account, and pursuing legal liability. Meanwhile, Goodix will assist the investigation as required by the judicial departments.

 

3. You shall not replicate, copy, sell, resell or use for any other commercial purposes concerning any part of Goodix services or the use or acquisition of the Goodix services.

 

4. You shall be legally responsible for your behaviors during the use of Goodix services. The forms of legal liabilities include but not limited to, compensation for the victim, and the equivalent compensation that you shall reimburse to Goodix after Goodix first assumes the responsibility for administrative punishment or tort damage arising from your behaviors.

 

5. In no event shall Goodix be liable for any indirect, consequential, exemplary, incidental, special or punitive damages arising out of this Agreement by you or any third party.

 

IV. Disclaimer

 

1. Goodix shall not assume any legal liability under any of the following circumstances:

 

1.1 Providing your personal information in accordance with legal provisions or at the requirements of relevant government departments;

 

1.2 Any disclosure of any personal information arising from improper use by yourself or other reasons;

 

1.3 Any circumstance that fails to meet your requirements arising out of service interruption, blockage, etc. which caused by hacker attacks, invasion of computer viruses, illegal information, shielding of harassment information, government regulations, and any other reasons such as network, technology, communication lines, information security management measures, etc.;

 

1.4 Any circumstance arising from third party’s (such as operator's) communication line failures, technical problems, network issues, computer failure, system instability and other losses caused by force majeure;

 

1.5 Any risk arising from the use of Goodix’s products, programs and services that may have anonymous or impersonating information containing threats, defamatory, offensive or illegal content;

 

1.6 Any interaction between users and other users through this website or Goodix’s products, programs and services, results in or may result in any psychological, physical damage and economic loss due to misleading or deceptive;

 

1.7 Goodix services expressly declares that the timeliness, safety and accuracy of Goodix and its cooperative companies' services are not guaranteed by express, implied or in any form.

 

1.8 None of any content posted by you using the Goodix Account shall represent and reflect any opinions or policies of Goodix, and Goodix shall not be responsible for it.

 

1.9 Under no circumstances shall Goodix be liable for any indirect, consequential, punitive, incidental, special or penal damages, including loss of profits arising from your use of the Goodix services. Notwithstanding any conflicting provision contained herein, our entire liability to you, for whatever reason or behavior, shall not exceed the fees (if any) that you paid to Goodix for the use of the Goodix Service during the registration period.

 

V. Intellectual Property Rights

 

1. The information you publish in Goodix shall not infringe the intellectual property rights of any third party. Without the prior written consent of the relevant intellectual property owner, you shall not, upload, post, modify, spread or replicate any copyrighted materials, trademarks or proprietary information belonging to others by any means. After receiving appropriate notice from any copyright owner or its legal representative to Goodix, we will remove such content of the copyright infringement based on the examination.

 

2. The intellectual property rights of the original contents (such as the texts, pictures, videos, software and performances) posted and uploaded by using Goodix Service through your Goodix Account belong to you, provided that you confirm that your publication and uploading of such contents shall be deemed that you non-exclusively, permanently and irrevocably authorize Goodix to use, copy, and exercise other rights of all intellectual property rights relating to such contents, and you agree that Goodix may sublicense above-mentioned rights.

 

3. You shall not use any intellectual property rights of Goodix without prior written consent of Goodix. You warrant, represent and undertake that you respect the intellectual property rights of Goodix. You will not apply or allow any third party to apply for any trademark, domain name, wireless website, Internet search term or any trade name, service mark similar to the brand of Goodix or its affiliates for any marketing, advertising, promotion or other purposes by any means in any jurisdiction. In the event of the above circumstances, you shall transfer all relevant rights to Goodix at your expense. You warrant, represent and undertake that you will not use the following names (including but not limited to “Zhang Fan”, “Goodix”, “IN-DISPLAY FINGERPRINT SENSOR”, “Live Finger Detection”, “IFS”, “Newton Touch”, and the affiliated logos and designs of the above brands etc.), as part of the name of the company, merchant, service or product, nor will use intellectual property rights of the Goodix trademark or similar trademark. The loss caused to Goodix arising from your violation of the provisions of this Article shall be borne by you.

 

4. You respect the intellectual property of the software package developed by Goodix, and downloading the software and tools are only used for the adaptation and optimization of the Goodix’s products.

 

5. Under Goodix’s intellectual property rights and subject to applicable licensing terms for any third-party software incorporated in this software package and applicable Open Source Terms (as defined here below), the redistribution, reproduction and use in source and binary forms of the software package or any part thereof, with or without modification, are permitted provided that the following conditions are met:

 

5.1 Redistribution of source code (modified or not) must retain any copyright notice, this list of conditions and the following disclaimer.

 

5.2 Redistributions in binary form, except as embedded into microcontroller or microprocessor device manufactured by or for Goodix or a software update for such device, must copy the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

 

5.3 Neither the name of Goodix nor the names of other contributors to this software package may be used to support or promote products derived from this software package or part thereof without specific written permission.

 

5.4 This software package or any part thereof, including modifications and/or derivative works of this software package, must be used and execute solely and separately or in combination with microprocessor devices or combinations designed or manufactured by Goodix.

 

5.5 No use, reproduction or redistribution of this software package partially or totally may be done in any manner that would beyond the scope of the Open Source Terms (as defined below).

 

5.6 Some portion of the software package may contain Open Source Terms (as defined below) applicable for each such portion (“Open Source Software”). Such Open Source Software is provided under the applicable Open Source Terms and is not subject to the terms and conditions of license hereunder. “Open Source Terms” shall mean any open source license which requires as part of distribution of software that the source code of such software is distributed therewith or otherwise provided, substantially complies with t www.opensource.org and any other comparable open source license.

 

5.7 This software package may also include third party software as expressly specified in the software package subject to specific license terms of such third parties. Such third party software is provided under such specific license terms and is not subject to the terms and conditions set forth hereunder. By installing downloading, accessing or otherwise using this software package, the recipient agrees to be bound by the terms of the third party software license.

 

5.8 Goodix has no obligation to provide any maintenance, support or updates for the software package.

 

5.9 The software package is and will remain the exclusive property of Goodix and its licensors. The recipient will not take any action that would damage the exclusive rights of the sink and its licensors or obtain any rights in the software package, except the limited rights specified hereunder.

 

5.10 The recipient shall comply with all applicable laws and regulations affecting the use of the software package or any part thereof, including any applicable export control law or regulation.

 

5.11 Except as permitted by this License, Redistribution and use of this software package partially or any part thereof is void and will automatically terminate your rights under this license.

 

6. THIS SOFTWARE PACKAGE IS PROVIDED BY GOODIX AND CONTRIBUTORS "AS IS" AND ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDINGBUT NOT LIMITED TOTHE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, ARE AT REJECTED WITHIN THE SCOPE PERMITTED BY LAW. IN NO EVENT SHALL GOODIX OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TOPURCHASE OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) WHETHER CAUSED BY ANY LIABILITY THEORY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF IT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

 

7. EXCEPT AS EXPRESSLY PERMITTED HEREUNDER AND SUBJECT TO THE APPLICABLE LICENSING TERMS AND APPLICABLE OPEN SOURCE TERMS FOR ANY THIRD-PARTY SOFTWARE CONTAINED IN THE SOFTWARE PACKAGE AND, NO LICENSE OR OTHER RIGHTS, WHETHER EXPRESS OR IMPLIED, IS GRANTED UNDER ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF GOODIX OR ANY THIRD PARTY.

 

VI. Amendment

 

1. In consideration of the rapid development of Internet-related technologies, markets, business models, etc., you agree that Goodix has the right to regularly formulate and revise this Agreement and various rules in accordance with the changes of relevant laws and regulations of the People's Republic of China, the development of the Internet, and the adjustment of the company's operating conditions and business strategies.If there is any amendment, Goodix will notify you of the changes by legal procedures. Once the revised agreement and rules are published, they will automatically take effect immediately and become an integral part of this service agreement. If you disagree with the above amendments, you shall immediately stop using the services under this Agreement. By continuing to log in or continue to use the Summit Service, you acknowledge and accept the revised Agreement and Rules.

 

VII. Liability for Breach of Contract

 

1. If Goodix finds or receives complaints or reports from others that you have violated any provisions of this Agreement, Goodix shall, without prior notice, have the right to delete and block the relevant information you have published or uploaded at any time. Depending on severity of circumstances, Goodix reserves the right to impose punishment against you, including but not limited to warning, restriction on, or prohibition of, your use of all or part of functions, account bans until cancellation, or other appropriate actions such as publicize the results. You shall solely be held responsible for any related losses

 

2. If your acts cause losses to Goodix (including but not limited to direct losses, reputation losses, third party penalties, claims, etc.) Goodix shall reserves the right to recover from you in full.

 

3. If any dispute between you and a third party occurs due to your violation of the provisions of this Agreement, you shall be solely responsible for all related consequences, and indemnify and hold harmless to Goodix. Goodix has no obligation to assist you in settling such dispute.

 

4. Limitation on Liability: If you use the Goodix account, regardless of the cause of the loss and the type of loss, the limit of liability assumed by Goodix does not exceed the price you paid, except as otherwise expressly provided by applicable laws or regulations.

 

VIII. Termination

 

1. This Agreement shall become effective as of the date of your acceptance and shall remain in force during your use of the Goodix services until terminated in accordance with this Agreement;

 

2. Notwithstanding the foregoing, if you use the Goodix services earlier than the time you accept this Agreement, you hereby know should have known and agree that this Agreement will be effective for the first time you use the Goodix services, unless terminated earlier in accordance with this Agreement.

 

3. We may reserve right to allow you to use the Goodix services or Goodix Account in accordance with the law; we will terminate this Agreement at any time for any reason with or without notice, including Goodix in good faith belief that you have violated our user policy or other provisions of this Agreement.

 

4. Without being subject to the provisions of the preceding paragraph, Goodix reserves the right to terminate this Agreement, if you infringe the copyright of a third party, and Goodix receives a notice from the copyright owner or its legal representative.

 

VIIII. Miscellaneous

 

1. Feedback

 

1.1 Your suggestion (or “feedback”) to Goodix shall be deemed that you transfer all rights of “feedback” to Goodix, and agree that Goodix has the right to use this “feedback” and related information in any reasonable manner. Goodix will treat such feedback information as non-confidential and non-proprietary;

 

1.2 You have agreed that you will not provide any information that you consider to be confidential and proprietary to Goodix;

 

2. Privacy Policy

 

2.1 Please refer to our Privacy Policy, which is an integral and inseparable part of this Agreement.

 

3. Notice

 

3.1When registering a Goodix account, you should provide real and effective contact information (including your email address, mobile phone number, etc.) to Goodix. If the contact information changes, you are obliged to update the information in time and keep it available. Goodix may send various notices to you in one or more of the above contact methods, and the content of such notices may have a significant beneficial or adverse impact on your rights and obligations. Please be sure to pay attention to them in a timely manner. The e-mail address or mobile number you provided cannot be used or we are unable to deliver the notice to you for any reason, which is at your own risk

 

4. Applicable Law

 

4.1 The conclusion, entry into force, performance, interpretation and dispute resolution of this Agreement shall be governed by the laws of the People's Republic of China and the application of the conflict of laws shall be excluded. If a clause of this Agreement conflicts with laws or regulations, it shall be implemented in accordance with laws and regulations; a clause shall be deemed invalid and shall not affect the validity of other clauses.

 

4.2 If there is any dispute between the parties, the dispute shall be settled through friendly negotiation; if the negotiation fails, either parties shall file a lawsuit in the People's Court of Futian District, Shenzhen.

 

5. Independence

 

5.1 If any provision of this Agreement is not applicable for any reason, the other terms of this Agreement will continue to apply and the terms that are not applicable will be modified so that they can be applied in accordance with the law.

 

Shenzhen Goodix Technology Co., Ltd.

 

Last revision date: May 2019