PC Manager S Mode Privacy Statement
Last updated: October 21, 2021
This Agreement constitutes a legally binding agreement between the user (hereinafter referred to as "you" or "your") of the PC Manager S mode software and relevant services (hereinafter referred to as "PC Manager S mode" or the "Service") and us.
Please read the Agreement carefully before you use the Service. By selecting AGREE, you indicate that you have read and agree to the Agreement. In addition, you are clearly informed that by using the Service in any way (including but not limited to registering with, logging in to, making use of, browsing, or otherwise entering and/or procuring the Service), you indicate that you have carefully read and agree to all terms of the Agreement. If you do not agree with the entirety or any part of the terms, you will not and should not use the Service.
1 About the Service
1.1 The Service is the we-developed manager software that runs in Windows S mode and provides you with Tips and Quick services. The above functions may not be available in all languages or in all countries/regions. Using the aforementioned features requires access to the Internet.
1.2 To use the Service, you need to install the PC Manager S mode client software, which you can acquire directly from Microsoft Store.
1.3 As we might have developed different software versions for different application scenarios, you should download the appropriate version and then follow the installation procedures. You can uninstall the software if you do not need the Service or if you require a version update.
1.4 To guarantee the security of the Service, and the consistency of functions, we has the right to update the software, or change or limit some functional effects of the software without prior notice. When a new version of the Service is released, lower versions might become unusable. In that case, please check and download the latest version at your convenience.
2 Requirements on Using the Service
2.1 If you are a minor, you should review these terms with your parent or legal guardian to make sure they fully understand the terms and you should not use the Service without the permission of your parent or legal guardian. By using the Service, you represent and warrant that (1) you are adult, or (2) you have obtained your parent or legal guardian's permission to use the Service if you are a minor. We suggests that parents and legal guardians supervise and guide minors in their use of the networks, mobile devices, and other devices.
3 Your Behavior
3.1 You agree to fairly use the Service, accept this Agreement, and abide by all related laws and regulations. You agree that you will not use the Service to make, copy, publish, or spread content that infringes upon the legal rights of other users or third parties or interferes with the normal operations of PC Manager S mode. You agree that you will not:
(1) Post, transmit, spread, or store insulting, defamatory, or obscene content, or content that contains explicit or implicit sexual descriptions, disobeys national laws and regulations, endangers national security and unity, disrupts social stability, or disturbs the public order, good customs, or social morality.
(2) Post, transmit, spread, or store content that infringes upon others' reputations, portraits, intellectual property, business secrets, or other legal rights.
(3) Post, transmit, spread, or store others' private or personal information or materials without authorization.
(4) Post, transmit, or spread harassing messages, advertisements, or junk information.
(5) Use the Service to carry out any illegal or criminal activities.
(6) Make or publish methods or tools related to the above behavior, or operate or spread such kinds of methods or tools, whether for commercial purposes or not.
(7) Otherwise deal with information in a way that violates laws and regulations, disturbs the public order, good customs, or social morality, infringes upon the legal rights of other users or third parties, or interferes with the normal operations of PC Manager S mode.
(8) Otherwise violate national laws, regulations, policies, or this Agreement.
3.2 You fully understand and agree that you must be responsible for all behavior carried out in the Service, including any content you post or any consequences resulted therefrom. You should judge on your own the content in the Service and assume all the risks arising from using the content, including the risks caused by your reliance on the accuracy, completeness, or suitability of the content. We cannot and will not be responsible for any losses or damages arising from the aforementioned risks.
4 Service Suspension and Termination
4.1 If you cannot use the Service due to reasons beyond the Service's scope and our control, We will not be responsible for any damage or compensation thereof. These cases include but are not limited to the following:
(1) Data transmission interruptions due to faults with your carrier's network system or network connection failures;
(2) Service interruptions due to force majeure events such as typhoons, earthquakes, floods, power cuts, acts of war, or terrorist attacks;
(3) Function faults due to third-party faults;
(4) Service interruptions due to the virtual and digital product or value-added service suppliers' suspension of operations;
(5) Service interruption due to malicious software, Denial-of-Service (DoS) attacks, or other types of hacker attacks.
4.2 In the event that a force majeure event occurs, We is entitled to suspend the performance of any obligations under the Agreement and resume the obligations after a reasonable period of time. We will make reasonable effort to end the force majeure event or find a solution through which We can still perform its obligations during the force majeure event.
4.3 We has the right to terminate the Service in the following situations:
(1) If you publish illegal content, damage social ethics, or violate laws and regulations;
(2) If you violate the Agreement and other Terms of Service, End User License Agreement (EULA), or Privacy Policy;
(3) If you provide incorrect registration information or violate the Agreement, We has the right to terminate the entirety or part of the Service within a reasonable period of time. We will notify you of the service termination period and will not resume the Service until the period ends.
(4) We will bear the burden of proof when suspending or terminating part or the entirety of the Service according to the Agreement.
5 Authorization
5.1 Subject to the Agreement, We hereby grants you a limited, revocable, non-exclusive, and non-transferable license to use the Service for your personal use. You understand that unless you have signed another agreement with us, you are not authorized to use the Service on other Huawei or non-Huawei devices, or simultaneously distribute the Service to multiple devices through the network. This license does not authorize you to use Huawei-proprietary intellectual rights to design, develop, manufacture, and license third-party devices, accessories, or apps, or use them with this Huawei device. If you download the PC Manager S mode software to your computer, you can make a copy for archiving on the computer disk only in read-only mode and this copy must contain marks or labels of the copyright or exclusive right of the original.
5.2 You can use the Service to copy content not protected by copyright, content to which you have copyright, and other authorized content. You understand that any displayed, stored, or accessed content is the property of the content owner who has intellectual property rights to the content. The content may be protected by copyright law or other IPR laws and regulations, and using the content may be subject to the third-party usage agreement or terms. Unless otherwise specified, this license does not grant you any right to the content and do not guarantee that you can continue to use the content.
5.3 You agree that you shall use the Service in compliance with all applicable laws, including laws of the nation or region where you reside, and where you download and use the Service. Functions of the Service may not be provided in all languages or in all regions. Some functions may differ between regions.
5.4 You promise that you will not use the Service and its updates to carry out the following activities:
(1) Duplicate any part of the Service beyond the authorized scope.
(2) Rent, lease, sublicense, guarantee, translate, adjust, or modify the Service, or merge the Service with other products or services.
(3) Disassemble, decode, or reverse engineer any part of the Service, or create derivative works of the Service, in whole or in part, or attempt to do so.
(4) Provide the entirety or part of the Service to a third party, or allow a third party to use the entirety or part of the Service without a prior written permission of us, including but not limited to the applications, program tables, target programs, source program tables, target code, and source code under the Service.
(5) Use the Service by fraudulent means or for fraudulent purposes.
(6) Delete any copyright statement or notice in the Service.
(7) Attempt to damage, bypass, change, invalidate, or evade any digital rights management (DRM) system that is related to the Service and/or is an integral part of the Service.
You explicitly understand that if you violate any of your commitments, We shall have the right to revoke your license and terminate the Agreement, without bearing any liability.
5.5 We is committed to providing personalized services for you. However, you should understand that this Agreement does not guarantee to fulfill all your personalized requirements, and we does not warrant that the Service and its features can satisfy all your personalized requirements.
5.6 You have no right to transfer, distribute, pledge, or dispose the obligations under the Agreement by any means or the rights and obligations generated by this license and its terms.
5.7 We has the right to transfer, distribute, sub-contract, or dispose obligations under the Agreement by any means, and rights and obligations generated by this license and its terms within the scope of the Agreement. We will notify you in the event of such changes. You have the right to disagree with the Agreement and notify us within four weeks after you receive the change notification from us. You agree that you, us, and the successor or transferee of each party are legally bound by the Agreement and its related terms.
5.8 Your Commitment to us
You acknowledge that We has the right or can be authorized to transfer, distribute, disclose, and use all the content that is downloaded, uploaded, published, emailed, or transferred or saved during your use of the Service.
6 Disclaimers
6.1 we and its partners do not make any statements or warranties, expressed or implied, of any kind for the Service, including but not limited to the warranties of merchantability, commercial utility, suitability for a particular purpose, and non-infringement. We and our partners do not make the following statements and warranties: (1) The Service will meet your requirements. (2) The Service is secure, error-proof, or provided continuously or promptly. (3) All the information you obtained during the service time of the Service is accurate and reliable. (4) Errors and faults in the software of the Service will be rectified.
6.2 We has no control over network carriers and therefore cannot provide any guarantee on the network coverage, availability, and quality. According to Clause 7, you will independently undertake all the risks arising from your downloading, purchasing, and acquisition of apps or other materials through the Service. You will be responsible for any damage to your own device or data loss caused by using the Service and these apps. Using the Service indicates that you agree to abide by all the applicable laws. Your legal rights will not be affected by this Agreement.
6.3 Using the Service requires Internet access and may incur data usage fees charged by your carrier. For details, contact your carrier.
7 Limitation of Liability and Compensation
7.1 According to Clause 7.2, to the extent permitted by law, We is obliged to make compensations only in the following cases:
7.1.1 We is only liable for damages caused by its material breach of this Agreement to the extent that such damages are foreseeable when this Agreement is signed.
7.1.2 You may not use the Service for commercial purposes. We will not be responsible for any loss of profits, returns, data, or time resulting from your use or your inability to use the Service.
7.2 You are obligated to take all reasonable measures to mitigate or prevent damage, including but not limited to periodically backing up the data and executing security checks (especially detecting and defending against virus, malicious software, and interference programs in other IT systems).
8 Compensation
In any of the following circumstances, you are obligated to make compensation (including reasonable attorney fee) for any claim or legal action against we and our agents, partners, suppliers, and licensors filed by any third party due to your fault (such as your intentional or unintentional behavior or your negligence), including but not limited to: (1) violating major provisions in the Agreement, (2) infringing upon any third party's rights such as intellectual property rights, spreading slanders, or violating any agreement between you and a third party, and (3) adjusting or modifying any content in the Service without authorization.
9 Dispute Settlement
The validation, interpretation, modification, fulfillment, and dispute settlement of the Agreement are governed by the laws of the People's Republic of China, without regard to conflict of laws principles. You agree that the Agreement is signed in Longgang District, Shenzhen. If any dispute arises concerning the content or performance of the Agreement, the dispute shall be settled through friendly negotiation. In the event that the dispute cannot be settled through negotiation, either party could submit the dispute to the People's Court with jurisdiction in the Longgang District.
10 General Terms
10.1 To the maximum extent permitted by law, if any term or provision of the Agreement is declared void by any judicial or administrative authority, the validity and implementation of other terms of the Agreement will not be affected.
10.2 Provision headings in the Agreement are for ease of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of the Agreement.
10.3 You cannot transfer or assign obligations in the Agreement. Neither can you transfer, assign, or subcontract the rights in the Agreement.
10.4 In the event that we does not exercise any rights or claim compensation under the Agreement, this does not constitute us waiver of any provisions in the Agreement. These provisions (including the privacy policy, user guide if you once used Huawei devices) and other provisions prepared to keep up with applicable laws constitute all the agreements you signed with us for the use of the Service.
11 Modification and Termination
11.1 We has the right to update or modify terms in the Agreement at any time and send you a notification of the revision. You can access About in PC Manager S mode to view the latest version of the Agreement. It is deemed that you accept the revised terms if you do not object to the revision or if you continue to use the Service fourteen (14) days after we inform you of the implication of accepting the revised terms.
11.2 Clauses 3, 5.5, 6, 9, 10, and 11.2 shall remain effective after this Agreement terminates.
12 Contacting Us
12.1 If you have any questions regarding this Agreement, please contact us via the email: pcswpddeveloper@outlook.com.