Agreement on Software License and Service of Brighsun 2U
Preamble
Welcome
to use 2U and relevant services of Brighsun Group!
You must read and comply with
the Agreement on Software License and Service of Brighsun
Group 2U (hereinafter referred to as the "Agreement"),
the Brighsun Group Service Agreement and 2U Account Rules to
use Brighsun Group 2U (hereinafter referred to as the
"Software") and relevant services. Please carefully read and fully
understand the content of each term, in particular the terms with respect to
exemption or limitation of liability, and any separate agreement to activate or
use some specific services, and choose to accept them or not. You may be
prompted for the terms exempting or limiting liability in bold form.
You may not download, install or
use the Software and related services unless you have read and accepted all the
terms of this Agreement. Your downloading, installation, use, acquisition of
any 2U account, login and other similar acts shall be deemed that you have read
and agreed to be bound by the Agreement.
If you are a minor please read
this Agreement and other above-mentioned agreements with your legal guardian
and pay special attention to the terms of use of minors.
I. Scope of the Agreement
1.1
Parties to the Agreement
This
Agreement is entered into by and between you and Brighsun
Group regarding your download, installation, use, copy of the Software and your
use of related services of Brighsun Group.
1.2
Agreements’ Relationship
and Conflicting Terms
This
Agreement is regarded as a supplementary agreement of the Brighsun Group Service Agreement and 2U Account
Rules. It is an integral part to the
foregoing agreement and rules and constitutes a unified whole with such
agreement and rules. In the event of any conflict between the Agreement and
the Brighsun Group Service Agreement or 2U Account
Rules, this Agreement shall prevail.
This
Agreement also includes relevant agreements, business rules and other contents
of the Services that Brighsun Group may publish from
time to time. Once any of such contents is officially published, it constitutes
an integral part of this Agreement, with which you should also comply.
II. The Services
2.1
Contents of the Services
The
service contents refer to the cross-platform communication tool (hereinafter
referred to as "2U", exactly the same thing as “2U” being operated
within mainland China) provided by Brighsun Group to
the users, supporting single-person and multi-person participation and instant
messaging services including transmission of voice SMS, video, pictures and
text, and also refer to the software licenses and services, including but not
limited to relation chain extension, convenience tools, 2U official accounts,
open platforms, information exchange with other software or hardware and other
functions and features (hereinafter referred to as the "Services").
2.2 Form
of the Services
2.2.1 You
need to download Brighsun Group 2U client to use the
Services. Brighsun Group grants you a
non-transferable and non-exclusive license for the Software. You can log in the
web version, Windows version and Mac version etc. of 2U through scanning of the
QR code. You may only use the Software and Services for the purpose of
accessing to or using the Services.
2.2.2 Brighsun Group may provide multiple application versions of
the 2U client for the Services, including but not limited to iOS, Android,
Windows Phone, Symbian, BlackBerry, Windows and Mac. Users need to choose the
version matching their installed terminal devices.
2.3 Scope
of License of the Services
2.3.1 Brighsun Group grants you a personal, non-transferable and
non-exclusive license to use the Software. You may install, use, display and
run the Software for a non-commercial purpose on a single terminal device.
2.3.2 You
may make a copy of the Software for using the Software and Services, and shall
only use the copy as a backup. The copy must contain all the copyright
information contained in the original Software.
2.3.3 Brighsun Group reserves all other rights not expressly
authorized by this Article 2.3 and other terms of this Agreement. You shall separately
obtain Brighsun Group's written permission for
exercise of such rights. Brighsun Group’s failure to exercise any of the above-mentioned
rights does not constitute a waiver of such rights.
III. Acquisition of the Software
3.1 You
can obtain the Software directly from Brighsun
Group's website or a third party authorized by Brighsun
Group.
3.2 If you obtain the Software or
any installation program with the same name as the Software from any third
party without authorization by Brighsun Group, Brighsun Group cannot guarantee that the Software can be
used normally and therefore takes no responsibility for any loss caused to you.
IV. Installation and
Uninstallation of the Software
4.1 Brighsun
Group may develop different versions of the Software for different terminal
devices. You should choose an appropriate version for installation according to
the actual condition.
4.2 After
downloading the installer, you need to follow the steps suggested by the
program to achieve correct installation.
4.3 In order
to provide a quality and secure service, Brighsun
Group may recommend other software to you during your installation of the
Software, which you can choose to install or not.
4.4 If
you no longer need to use the Software, or need to install the new version of
the Software, you can uninstall the Software. If you are willing to help Brighsun Group improve the product and services, please
inform the reasons for uninstallation.
V. Software Update
5.1 In
order to improve user experience and service contents, Brighsun
Group will continue to develop new services and from time to time provide you
software updates (in the form of software replacement, modification, feature
enhancement and version upgrade etc.).
5.2 In
order to ensure the security and consistency of functionality of the Software
and Services, Brighsun Group reserves the right to
update the Software, or change or restrict partial functionality of the
Software without any special notice to you.
5.3 After
the new version of the Software is released, older versions of the Software may
not be available. Brighsun Group does not guarantee
that the old versions and corresponding customer services of the Software
continue to be available. Please check and download the latest version at any
time.
VI. Protection of the User’s Personal Information
6.1 It is
a fundamental principle of Brighsun Group to protect
the user's personal information. Brighsun Group will
take reasonable measures to protect the user's personal information. Except for
the circumstances prescribed by laws and regulations, Brighsun
Group will not make public or disclose the user's personal information to any
third party without permission of the users. Brighsun
Group adopts professional encryption storage and transmission methods for
related information, in order to protect the user's personal information.
6.2 You
need to provide some necessary information when registering an account or using
the Services. For example, you need to fill in the mobile phone number so that Brighsun Group can provide you with account registration
service or user identification; the function of “People Nearby” needs your consent to use
your location information; and the matching function of mobile phone contacts
requires your authorization of accessing to your mobile phone contacts and so
on. If relevant national laws and regulations or policies have special
provisions, you need to provide real identity information. If the information
you provide is incomplete, you are not allowed to use the Services or you may
be restricted during use of the Services.
6.3 In
general, you may browse and modify your own information at any time. However,
you may not be able to modify the initial registration information and other
verification information provided at the time of registration for the purpose
of security and identification (such as the 2U account appeal service).
6.4 Brighsun Group will apply a variety of security
technologies and procedures to establish a sound management system to protect
your personal information and avoid unauthorized access, use or disclosure.
6.5 Brighsun Group will not disclose your personal information
to any company, organization or individual without your consent, except as
provided by laws and regulations.
6.6 Brighsun Group attaches great importance to the protection
of personal information of minors. If you are a minor, you should obtain the
written consent of your parents or legal guardians before using Brighsun Group's services.
6.7 You
may read 2U Privacy Protection Guideline to learn more about what information
2U collects or retains, how it is used, rights of you and how 2U protect your
personal information and privacy.
VII. Main Rights and Obligations
7.1
Account Use Specification
7.1.1 You
need to register a 2U account through a mobile phone number before using the
Services. You can also bind a 2U Account and e-mail account to
the 2U account after successful registration. In case of binding with an e-mail
account, please use an e-mail account that is not bound to any account in the
2U Official Platform. Brighsun Group is entitled to
change the form of account registration and the binding manner according to
user’s needs or product needs.
With respect to the specific rules for your account, please comply with the2U Account
Rules , 2U
Personal Account Use Guideline related
agreements for use of accounts and special rules published by Brighsun Group.
7.1.2 The ownership of any 2U
account belongs to Brighsun Group. The user only
obtains the right to use the 2U account after completing the registration
procedure. In addition, such right to use only belongs to the initial
registration applicant. Moreover, the initial registration applicant shall not
donate, borrow, rent, transfer or sell the 2U account, nor permit any
non-initial registration applicant to use the 2U account. No non-initial
registration applicant shall use the 2U account by means of donation,
inheritance, lease, transfer and so on.
7.1.3 The user shall be
responsible for carefully safekeeping the registration account information and
the account password. The user shall assume legal responsibly for the
registered account and password. The user agrees not to disclose the account
and password information to others in any case. When you suspect that someone
else is using your account, you should immediately notify Brighsun
Group.
7.1.4 When the user registers the
2U account with a mobile phone number, the system will automatically generate a
2U ID. You can set the 2U ID, but only for once. The 2U ID cannot be modified
once it is set.
7.1.5 If the user does not log on
the 2U account for a long time after registration, Brighsun
Group has the right to take back the account, to avoid waste of resources. The
user shall be solely liable for the resulting loss.
7.2 Notes
7.2.1 You
understand and agree that the Software will use the processor, bandwidth and
other resources of your terminal device in order to provide you with effective
services. The costs of data traffic may incur during use of the Software, and
the user shall acquire relevant fee information from the operator on its own
and bear relevant costs.
7.2.2 You
understand and agree that some of the features of the Software may allow third
parties to know the user's information. For example, the user’s 2U friends can query the user's personal
information that is publicly available, including profile photo, name, 2U ID or
contents in “Moments”. Where
the user registers a 2U account by using a mobile phone number or binds the 2U
account with a mobile phone number, the friends having such mobile phone number
in the contacts can query such 2U account. After the user follows 2U official
accounts of certain type, it will become a follower of such official accounts,
and such official accounts can obtain the profile photo, account name, 2U ID,
comments, pictures, video and other information of the followers based on their
function authority. Such official accounts can also interact with the user by
sending messages to the followers through the 2U Official Account Admin
Platform. The 2U official account having appropriate authority can also publish
in such account the messages and comments of the following users and pictures
and video uploaded to such account by the followers, for access of third
parties. If user choose to exchange information with other software or
hardware, the provider of the other software or hardware may access user’s information proactively disclosed or transmitted, user should
fully understand other software or hardware’s product
features as well as its data and privacy policy before granting your consent to
use it.
7.2.3
When you use a particular service of this Software, the service may be governed
by separate agreements and related business rules etc. (hereinafter
collectively referred to as the "Separate Agreement"). Please read
and agree to relevant Separate Agreement before you use the service. Your use
of the above specific service shall be deemed that you have accepted relevant
Separate Agreement. For example, you should read and comply with the 2U Payment
System User Service Agreement, if you need to use 2U to pay relevant services (including but not
limited to loose change, 2U Red Packet, transferring
money, bank card consumption, making payment, receiving money and other payment
services). Your use of 2U to pay related services shall be deemed that you have
accepted the 2U Payment System User Service Agreement.
7.2.4 You understand and agree
that Brighsun Group will make its reasonable
commercial efforts to maintain your data stored in the Software and Services
safe, but Brighsun Group cannot warrant that your
data is absolutely safe, especially:
7.2.4.1 Brighsun
Group is not responsible for deletion or failure of your storage of relevant
data in the Software and Services;
7.2.4.2 Brighsun
Group is entitled to decide at its discretion the longest period of data
storage in the Software and Services for each user according to the actual
situation, and allocate the maximum space in the server for data storage of the
user and so on. You can back up relevant data in the Software and Services on
your own according to your own needs;
7.2.4.3 If you stop using the
Software and Services or the Services are terminated or canceled, Brighsun Group can permanently delete your data from the
server. When the Services are stopped, terminated or canceled, Brighsun Group is not obligated to return any data to you.
7.2.5 The user shall be
responsible for the risks beyond control of Brighsun
Group in the use of the Software and Services, including but not limited to:
7.2.5.1 Risks such as loss or
leakage of personal information due to irresistible factors;
7.2.5.2 Any issues or damages
arising from the failure of the user to choose the right software version
matching the terminal device where the Software is installed;
7.2.5.3 Any risks caused by any
third-party website or relevant content of such website when the user accesses
to the website by using the Software;
7.2.5.4 Any risks or liabilities
caused by others’ transmission or sharing of the content
published by the user;
7.2.5.5 Risks including failure
to login Brighsun Group 2U, incomplete data
synchronization and slow page opening speed caused by unstable wireless network
signal, small wireless network bandwidth or other reasons.
7.3
Third-Party Products and Services
7.3.1
When you use the products or services provided by any third party of this
Software, you shall comply with the user agreement of the third party in
addition to this Agreement. Brighsun Group and the
third party shall assume their respective responsibilities separately for any
possible dispute between them within the scope prescribed by laws and or
stipulated by agreement.
7.3.2 When the user uses the
Software or requires Brighsun Group to provide any
specific service, the Software may support the user’s use or access by invoking a third-party system or through a third
party. The third party provides the results of use or access (including but not
limited to the services provided by the third party through any 2U official
account or the contents accessed through the 2U Open Platform). Brighsun Group does not guarantee the security, accuracy,
effectiveness and other uncertain risks of the services and contents provided
by such third parties. Any dispute or damage caused therefrom is irrelevant to Brighsun Group, Brighsun Group
therefore will not assume any responsibility.
7.3.3 Third party service
provider may and could provide you with other products or services through 2U,
like you may follow third party’s official
account, use the mini program provided by third party, accept third party’s products or services offered via official account (including mini
program), or access to other internet service login by 2U account with
authorization. In the process, third party service provider may collect, use
and retain your relevant personal information and data, by implementing
rigorous policies and terms as well as product procedures, Brighsun
Group requires any third party service providers to strictly comply with
applicable laws and regulations, to obtain your specific prior consent, to
reasonably use your information only for purpose of providing products or
services, to take necessary measures to secure and protect your information, to
provide you with right of access ,modification and deletion of your
information, and to delete all of your information immediately while service is
terminated. You should fully understand third party’s
products or services and its privacy policy before granting your consent to use
it. If you find any violation of third party service party, we encourage you to
report to Brighsun Group which will conduct
investigation and take measures accordingly.
7.3.4 You understand and agree
that Brighsun Group is entitled to use the Software
for commercial purposes, including but not limited to development and use of
partial services of the Software for promotion of any third party. Brighsun Group undertakes to protect your personal
information in the promotion process in strict accordance with this Agreement.
Meanwhile, you can choose to block or refuse to receive relevant promotional
information according to the system settings.
VIII. User’s Codes of Conduct
8.1
Information Content Specification
8.1.1 Information contents contained
in this Article refer to any content produced, copied, published or transmitted
by the user during the use of the Software and Services, including but not
limited to, registered information such as profile photo, name and user
description of the 2U account, or text, voice and pictures, etc. that are sent
to, replied in and used in “Moments” and pages of related links, and other contents that are generated
through use of the 2U account or the Software and Services.
8.1.2 You understand and agree that
2U has always been committed to providing users with a civilized, healthy,
standardized and orderly network environment. You shall not use the 2U account
or the Software and Services to produce, copy, publish, or spread the contents
interfering with normal operation of 2U or infringing lawful rights and
interests of other users or third parties, including but not limited to the
following:
8.1.2.1 You may not publish,
transmit, spread, and store prohibited contents in violation of national laws
and regulations, which:
(1) Violate the basic principles
established by the Constitution;
(2) Endanger national security,
divulge state secrets, subvert state power and undermine national unity;
(3) Damage national honor and
interest;
(4) Incite national hatred and ethnic
discrimination, and destroy national unity;
(5) Undermine national religious
policies and promote cults and feudal superstition;
(6) Spread rumors, disturb the
social order and undermine social stability;
(7) Disseminate obscenity,
pornography, gambling, violence, terror or abet any crime;
(8) Insult or slander others and
infringe legitimate rights and interests of others;
(9) Incite illegal assembly,
association, procession, demonstrations and gatherings disrupting the social
order;
(10) Carry out any activity in
the name of any illegal civil organization;
(11) Contradict to Interim
Provisions on the Administration of the Development of Public Information
Services of Instant Messaging Tools and comply with the
requirements of "seven bottom lines" including laws and regulations,
socialist systems, national interests, legitimate interests of citizens, public
order, social morality and information authenticity;
(12) Contain any other content
prohibited by laws and administrative regulations.
8.1.2.2 You may not publish,
transfer, transmit and store the contents infringing legitimate rights of
others, including the right of reputation, right of portrait, intellectual
property right and trade secrets.
8.1.2.3 You may not publish,
transfer, transmit and store the contents relating to others’ privacy, personal information or materials;
8.1.2.4 You may not publish,
transfer and transmit harassment and advertising information, over-marketing
information, spam or any information containing any sexual content or sexual
connotation;
8.1.2.5 Other information that
violates laws, regulations, policies and public order, contradicts to social
morality, or interferes with the normal operation of 2U or infringes the
legitimate rights and interests of other users or third parties, which
information is also prohibited to published, transferred and transmitted.
8.2
Software Usage Specification
8.2.1 You may not engage in any
of the following acts in the course of your use of the Software except as
permitted by law or by Brighsun Group's written
permission:
8.2.1.1 Delete the copyright
information on the Software and its copies;
8.2.1.2 Conduct reverse
engineering, reverse assembly and reverse compiling on the Software, or other
attempt to discover the source code of the Software;
8.2.1.3 Use, rent, lend, copy,
modify, link, reproduce, compile, release, publish or establish a mirror site
for the contents that Brighsun Group owns
intellectual property rights;
8.2.1.4 Copy, modify, add, delete
and mount the data stored in any terminal memory by the Software or during the
operation of the Software, the interactive data between the client and the
server during operation of the Software, and the system data necessary for
operation of the Software, or create any derivative works by using plug-ins,
add-ons or third-party tools/services unauthorized by Brighsun
Group to access to the Software and related systems;
8.2.1.5 Add, delete, change the
functions or operating effects of the Software by modifying or forging the
instructions and data of the Software, or operate or spread to the public the
software and methods used for the purposes described above, whether or not such
acts are for commercial purposes.
8.2.1.6 Login or use Brighsun Group Software and Services through any third-party
software, plug-in, add-on or system that are not developed or authorized by Brighsun Group, or produce, publish, disseminate the these
tools;
8.2.1.7 Interfere with the
Software and its components, modules and data on your own or by authorizing
others or third-party software to do so;
8.2.1.8 Other acts not expressly
authorized by Brighsun Group.
8.2.2 You understand and agree
that Brighsun Group is entitled to choose the objects
to provide with the Services, determine functions and settings, decide objects
and the scope to open any function and disclose any data interface and related
data, based on comprehensive factors including user experience, operating
security of 2U or related service platform, platform rules and healthy
development. Brighsun Group may suspend or terminate
the Services to you if you’re suspected to
be involved in the behaviors including but not limited to:
8.2.2.1 violation of laws and
regulations or the provisions of this Agreement;
8.2.2.2 affecting the service
experience of 2U;
8.2.2.3 causing any potential
safety hazard;
8.2.2.4 copying the primary
functions or functional components of 2U or other products of Brighsun Group, or use other way to achieve the main effect
of the said functions or functional components;
8.2.2.5 trying at misleading the
users to believe your products, services, or function is provided or authorized
by Brighsun Group, by adopting similar interface,
style, function, description or user experience to 2U and Brighsun
Group.
8.2.2.6 Other behaviors which
contradict to the operating principles of 2U or its service platform, or other
management requirements of Brighsun Group.
8.3
Service Operation Requirements
Except as permitted by law or
authorized by Brighsun Group in writing, you may not
engage in the following acts in the course of your use of the Services:
8.3.1 Submit and publish false
information, or impersonate others or use the name of others;
8.3.2 Induce other users to click
on the link pages or share information;
8.3.3 Fabricate facts or conceal
the truth to mislead or deceive others;
8.3.4 Infringe legitimate rights
of others including right of reputation, right of portrait, intellectual
property right and trade secrets;
8.3.5 Utilize any 2U account, any
function and any third-party operating platform to conduct promotion or mutual
promotion without Brighsun Group’s written permission;
8.3.6 Utilize any 2U account or
the Software and Services to engage in any illegal and criminal activities;
8.3.7 Make or release the methods
or tools related to the above-mentioned acts, or operate or spread such methods
or tools, whether or not for commercial purposes;
8.3.8 Other acts violating laws
and regulations, infringing the legitimate rights and interests of other users,
interfering with normal operation of products or not expressly authorized by Brighsun Group.
8.4
Responsible for Your Own Acts
You fully understand and agree
that you must be responsible for all acts under your account, including any
content you published and any consequences arising therefrom. You shall judge
the contents of the Service by yourself and assume all risks arising from the
use of the contents, including the risks arising from reliance on the
correctness, completeness or usefulness of the contents. Brighsun
Group cannot and will not be responsible for any loss or damage caused by the
foregoing risks.
8.5
Treatment for Breach of Contract
8.5.1 If Brighsun
Group finds or receives any report or complaint from others against the user on
violation to this Agreement, Brighsun Group is
entitled to remove or obscure relevant contents at any time without notice,
impose punishment on the violating account including but not limited to
warning, restriction or prohibition of the use of some or all of the functions,
account banning or cancellation, and announce the results of treatment.
8.5.2 You understand and agree
that Brighsun Group is entitled to, based on its
reasonable judgement, punish any act violating relevant laws and regulations or
provisions of this Agreement, take appropriate legal action against any user in
violation of any laws and regulations, and preserve relevant information in
accordance with related laws and regulations to report to relevant departments
etc. The user shall bear all the resulting legal responsibilities.
8.5.3 You understand and agree
that you shall be solely liable for any claims, requests or losses arising out
of or in connection with your breach of the provisions of this Agreement or
relevant terms of the Services. You shall also be liable for the compensation
of any losses caused to Brighsun Group.
IX. Statement on Intellectual
Property Rights
9.1 Brighsun Group is the holder of the intellectual property
rights of the Software. All intellectual property rights related to the
Software, including copyright, trademark, patent and trade secrets and all
information related to this Software (including but not limited to text,
images, audio, video, graphics, interface design, layout framework, related
data or electronic documents) are protected by laws and regulations of the
People's Republic of China and corresponding international treaties. Brighsun Group enjoys the above intellectual property
rights, except for those rights enjoyed by relevant right holders in accordance
with the laws.
9.2 You
may not or permit any third party to implement, use, or transfer any of the
above intellectual property rights for any commercial or non-commercial purpose
without the prior written consent of Brighsun Group
or relevant rights holders.
X. Responsibility of Terminal
Security
10.1 You
understand and agree that the Software, like most Internet software, may be
affected by a variety of factors including but not limited to users’ reasons, network service quality and social
environment, or may be interfered by various security issues, including but not
limited to illegal use of user information by others to conduct harassment in
real life, and that other software downloaded and installed and sites visited
by the user may contain viruses, Trojans or other malicious programs, which may
endanger the security of information and data in your terminal device and then
affect the normal use of the Software. Therefore, you should strengthen the
awareness of information security and protection of personal information, and
pay attention to password protection, to avoid any loss.
10.2 You
shall not produce, publish, use, and spread any malicious program which steals
2U accounts and other personal information or property.
10.3 It is the common
responsibility of you and Brighsun Group to maintain
software security and normal use. Brighsun Group will
reasonably and prudently take necessary technical measures to protect
information and data security of your terminal device in accordance with
industry standards, but you acknowledge and agree that Brighsun
Group cannot therefore provide a complete guarantee.
10.4 You should not believe in
money borrowing, request for passwords or other network information relating to
property in any case. Please make sure to verify the identity of the person
involved with respect to any operation related to property. In addition, please
always pay attention to Brighsun Group’s tips for preventing fraudulent crimes.
XI. Third-Party Software or
Technology
11.1 The
Software may use third-party software or technology (including the open source
code and public domain code that may be used for the Software), and such use has
been legally authorized.
11.2 If
any third-party software or technology is adopted for the Software, Brighsun Group will demonstrate relevant agreements or
other documents in accordance with relevant laws and regulations through
annexes of this Agreement, a package in a specific folder of the installation
package of the Software, or open source software pages and other forms, which may be
expressed as "Software License Agreement", "License
Agreement", "Open Source License" or other forms. The foregoing
agreements, other documents and web pages presented through various forms are
an integral part of this Agreement and shall have the same legal effect as this
Agreement. You shall comply with all these requirements. If
you fail to do so, such third party or competent state authority may file a
lawsuit, impose fines or take other sanctions against you, and require Brighsun Group to provide assistance. You shall be solely
liable for relevant legal responsibilities .
11.3 Any third party shall be
liable for resolving any dispute arising from the use of any third-party’s software or technology for the Software, which is irrelevant to Brighsun Group. Brighsun Group
does not provide customer service support for any third-party software or
technology. If you need any support, please contact the third party.
XII. Miscellaneous
12.1 Your use of the Software
shall be deemed that you have read and agreed to be bound by this Agreement. Brighsun Group reserves the right to modify the terms of
this Agreement when necessary. You can check the terms of the Agreement in the
latest version of this Software. If you continue to use the Software upon any
change to the terms of this Agreement, you shall be deemed to have accepted the
amended Agreement. If you do not accept the modified Agreement, you should stop
using the Software.
12.2 This Agreement is signed in
Nanshan District, Shenzhen City, Guangdong Province of the People's Republic of
China.
12.3 The formation, entry into
force, performance, interpretation and dispute settlement of this Agreement
shall be governed by the laws of the Mainland of the People's Republic of
China, without regard to the principles of conflict of laws.
12.4 If any dispute arises
between you and Brighsun Group, the dispute shall be
first resolved by negotiation; where the negotiation fails, you agree to submit
the dispute to the people's court with jurisdiction at the signing place of
this Agreement.
12.5 The
headings of all the terms of this Agreement are for convenience only and do not
have any actual meaning. They shall not be taken as a basis for the
interpretation of the meaning of this Agreement.
12.6 This Agreement may be
drafted and concluded in different languages, including Chinese, English and
others. In case of any inconsistency and discrepancy between the Chinese
version and any version of other language, the Chinese version shall prevail.
12.7
Where any provision of this Agreement becomes invalid or unenforceable for
whatever reason, the remaining terms shall remain in force and binding on both
parties.
(End)
Brighsun
Group