4DKanKan Offline Version Software Licence and Service Agreement

Welcome to use the 4DKanKan Offline Version Software and Services. In order to use the 4DKanKan Offline Version Software (hereinafter referred to as the "Software") and services, you MUST read and comply with the 4DKanKan Offline Version Software Licence and Service Agreement (hereinafter referred to as the "Agreement"). Please ensure that you read and understand the terms and conditions, particularly the terms and conditions of exemption or limitation of liability, as well as the separate agreement for the opening or use of a particular service. You will be given the option to accept or decline these terms. Any limitations and exclusions of liability will be highlighted in bold or other explicit ways to draw your attention to them.

Please be advised that unless you have read and accepted all the terms of this agreement, you are not authorized to download, install or use the Software and related services. By downloading, installing, or using the Software, you are agreeing to be bound by the terms of this Agreement.

If you are under the age of 18, please read this entire Agreement carefully with a legal guardian and pay particular attention to the Terms of Use for Minors.

I. Scope of the Agreement

1.1 Scope of Application of the Agreement
This Agreement is between you and Zhuhai 4DAGE Technology Co., Ltd. (hereinafter referred to as "4DAGE") regarding the download, installation, use, and copying of the Software and the use of the services related to 4DKanKan offline version software.

1.2 Agreement and Conflicting Terms
You may also be required to enter into a separate agreement (“Independent Agreement”) with 4DAGE to become a party to such Independent Agreement when you use the products or services related to 4DAGE offline version or use other 4DAGE services. This Agreement and the Independent Agreement are both legally binding and valid. In the event of a conflict between the terms of the Independent Agreement and this Agreement, the terms of the Independent Agreement shall prevail.

II. About the Service

2.1 Content of the Service
The content of this service refers to the editing tool of reality 3D laser point cloud data provided by 4DAGE to users. It supports the collection of 3D spatial point cloud data in an offline environment, transferring it to the computer for calculating the 3D scene through a dedicated USB flash drive, and providing editing functions such as hotspot, measurement and stitching. 4DAGE reserves the right to upgrade or adjust the services or product forms provided, and to inform users in a timely manner by phone or email.

2.2 Form of the Service
2.2.1 In order to use the service, you must install the 4DAGE offline version software and the 4DKanKan App (connected to a camera for shooting). The Software and services are non-transferable and may only be used for the purpose of using the service.
2.2.2 The Software of the offline version of 4DKanKan in this service must be used in the Windows 10 Pro environment with 8 cores, and 64 GB memory. In order to use this software and service, you must select the correct hardware and software environment. The 4DKanKan app is available in iOS and Android versions. You must choose the corresponding app version that matches the Software version installed on the terminal device.
2.2.3 The dedicated USB flash drive for the 4DKanKan offline version in this service is configured exclusively for use with the 4DKanKan Minion and 4DKanKan Meta. You must use the USB flash drive that matches the camera.

2.3 Permitted Scope of the Service

2.3.1 4DAGE grants you a non-transferable and non-exclusive license to use the Software. You may install, run, and use the Software on more than one terminal device for non-commercial purposes.
2.3.2 You may make one copy of the Software for the purpose of archiving the Software and services. You may not reproduce the Software for any other commercial purpose without the written permission of 4DAGE.
2.3.3 All other rights not expressly authorized by this Agreemnet and other provisions of this Agreement are retained by 4DAGE. You must obtain additional written permission from 4DAGE when exercising these rights. In the event that 4DAGE does not exercise any of the aforementioned rights, this shall not be construed as a waiver of such rights.

III. Access to Software

3.1 The Software can be obtained directly from the official sales channel of 4DKanKan, or from the authorized resellers of 4DAGE.
3.2 If you obtain the Software from a third party or an installer with the same name as the Software that is not authorized by 4DAGE, 4DAGE cannot guarantee that the Software can be used normally and will not be responsible for any loss caused to you.

IV. Software Installation and Uninstallation

4.1 The 4DKanKan offline version requires a specific hardware and software environment for installation. You should ensure that the installation is completed in the appropriate hardware and software environment based on the actual situation.
4.2 During the installation process, you need follow the instructions provided by the program to ensure a successful installation.
4.3 If you no longer require the software or wish to install a new version, you may uninstall it.

V. Software Licensing

5.1 Subject to the terms of this Agreement, 4DAGE grants you a corporate, non-transferable and non-exclusive license to use the Software on one computer and for the purpose of synchronizing and calculating scenes.
5.2 The license for the Software and the services has a term and may be terminated immediately on written notice by 4DAGE if you fail to comply with any of the terms and conditions of this Agreement or fail to pay any fees on time and as agreed.
5.3 This Agreement does not govern the term of the Software License (subject to each separate agreement).

VI. Software Updates

6.1 To enhance the user experience and improve the content of the Services, 4DAGE will continuously upgrade the Software and provide you with update services from time to time. (These updates may take the form of Software replacement, modification, function enhancement, version upgrade, etc.)
6.2 To ensure the safety and consistency of the Software and Services, 4DAGE reserves the right to modify or limit the functionality of certain Software functions.

VII. Data Protection

7.1 You may copy the data of scenes created using the Software Services for the purpose of archiving and backing up.
7.2 4DAGE will do its utmost to safeguard the security of your data. However, 4DAGE is not responsible for the following, which include but are not limited to:
7.2.1 4DAGE is not responsible for the deletion or storage failure of your data related to the Software and services.
7.2.2 The use of the Software does not rely on any network, and 4DAGE is not responsible for any loss, dissemination, breach, or other data security problems caused by your connection to the network.
7.2.3 The scene data captured with this software and service is only stored on a USB flash disk and camera. 4DAGE will not be responsible for any data loss problems caused by hardware loss.

VIII. Main Rights and Obligations Clause

8.1 You retain ownership of the data captured and produced through the use of the Software and services.
8.2 To the extent that the law applicable to you permits you to accept the Service, upon your acceptance of the Service, 4DAGE grants you a limited, non-exclusive license to use the service in accordance with the Service until you voluntarily cease the Agreement.
8.3 You are responsible for ensuring that you have the necessary rights to use or display the content produced by you in the Software and the Service. Additionally, you must grant 4DAGE a limited license to enable you to use your data through the services.

IX. Code of Conduct for Users

9.1 Regulation of information content
9.1.1 The information content referred to in this Service refers to any content produced, copied and disseminated by the user in the course of using the Software and the services, including but not limited to the 3D spatial information and point cloud data files captured during the use of 4DKanKan Minion and 4DKanKan Meta, and the contents of text, pictures, videos and floor plans based on the display of 3D scenes.
9.1.2 You understand and agree that 4DKanKan Offline Version has always been committed to providing users with a civilized, healthy, standardized, and orderly editing tool. You shall not use the Software and the services to produce, copy, or disseminate any content that interferes with the normal operation of 4DKanKan and infringes on the legitimate rights and interests of other users or third parties. Such content specifically includes, but is not limited to:
9.1.2.1 Publishing, transmitting, disseminating, or storing content that violates national laws and regulations.
(1) Violates the fundamental principles established by the Constitution;
(2) Endangers national security, leaks state secrets, subverts state power, and undermines national unity;
(3) Damages the honor and interests of the State;
(4) Incites ethnic hatred and ethnic discrimination, and undermines national unity;
(5) Promotes religious policies that are contrary to the state's interests;
(6) Spreads rumors that disrupt social order and undermine social stability;
(7) Disseminates obscenity, pornography, gambling, violence, terrorism, or abetting an offense;
(8) Insults or slanders another person, infringes on the legitimate rights and interests of another person;
(9) Incites unlawful assembly, association, procession, demonstration, or gathering of people to disrupt social order;
(10) Acts in the name of an illegal civil organization;
(11) Contains other contents prohibited by laws and administrative regulations.
9.1.2.2 Publishing, transmitting, disseminating, or storing content that infringes on the legal rights of others, such as the right to honor, the right to portrait, intellectual property rights, and trade secrets.
9.1.2.3 Content that involves the privacy, personal information, or data of others. 
9.1.2.4 Publishing, transmitting, disseminating, or containing any form of harassment, advertising messages, excessive marketing messages, or spam, including any sexual or sexual innuendo.
9.1.2.5 Other information that violates laws and regulations, policies, public order, or morality, social morality, or interferes with the normal operation of 4DKanKan offline version and infringes on the legitimate rights and interests of other users or third parties.

9.2 Specification of Software Use
9.2.1 Unless permitted by law or with the written consent of 4DAGE, you may not do any of the following when using the Software
9.2.1.1 Manipulate the license information of the Software;
9.2.1.2 Reverse engineer, reverse assemble, reverse compile or otherwise attempt to discover the source code of the Software;
9.2.1.3 Use, rent, lend, copy, modify, link, reproduce, compile, publish or make public the content to which 4DAGE holds the intellectual property rights;
9.2.1.4 Copy, modify, add, delete, link or create derivative works of the Software or the data released in the memory of a terminal device during the operation of the Software, the scene data in the USB flash disk and the system data necessary for the operation of the Software, in the form of, but not limited to, the use of plug-ins, add-ons or third party tools/services not authorized by 4DAGE to access the Software and the relevant systems;
9.2.1.5 Add, delete or modify the functions or operational effects of the Software by modifying or falsifying instructions or data in the operation of the Software, or operate or disclose to the public software or methods used for the above purposes, whether such acts are for commercial purposes or not;
9.2.1.6 Use third party software, plug-ins, add-ons or systems not developed or authorized by 4DAGE to create, publish or distribute the above tools when using the Software and services;
9.2.1.7 Interfere with the Software, its components, modules and data, either by yourself or by authorizing others or third party software;
9.2.1.8 Any other act not expressly authorized by 4DAGE.
9.2.2 You understand and agree that 4DAGE has the right to select the subject of service provision, the right to decide on the function settings, and the right to decide on the subject and scope of function authorization and disclosure of related data, based on comprehensive factors such as user experience, safety of operation of 4DKanKan offline version or related service platforms, requirements of software rules and sound development. In response to the following circumstances, it has the right to suspend or terminate the provision of this service, depending on the specific circumstances, including, but not limited to:
9.2.2.1 Violation of the provisions of laws and regulations or this Agreement;
9.2.2.2 Affect the experience of the Service;
9.2.2.3 Where there is a safety hazard;
9.2.2.4 Similar or identical to the main functions or functional components already existing in the 4DKanKan Offline Version or its service platform, or which can realize the main utility of said functions or functional components;
9.2.2.5 The interface, style, function, description or user experience is similar to that of the 4DKanKan Offline Version or its service platform, which may mislead users of the Software to believe that the functions or services they are using originate from or are authorized by 4DAGE;
9.2.2.6 Contrary to the operating principles of 4DKanKan offline version or its service platform, or inconsistent with other management requirements of 4DAGE.

9.3 Service Operation Specification
Except as permitted by law or as otherwise permitted in writing by 4DAGE, you may not engage in any of the following conduct while using the service:
9.3.1 Capture and distribute 3D spatial data not authorized by the relevant parties;
9.3.2 Falsify facts or conceal the truth in order to mislead or deceive others;
9.3.3 Violate the legal rights of others, such as the right of honor, the right of publicity, intellectual property rights and trade secrets;
9.3.4 Use the Software and any features of the Service as well as third party operating platforms to advertise or promote each other without the written permission of 4DAGE;
9.3.5 Use the Software and services to engage in any illegal or criminal activity;
9.3.6 Produce, distribute, operate or disseminate methods or tools related to the above behaviors, whether for commercial purposes or not;
9.3.7 Any other act that violates laws and regulations, infringes the legitimate rights and interests of other users, interferes with the normal operation of the products or is not expressly authorized by 4DAGE.

9.4 Responsibility for Your Own Acts

You fully understand and agree that you are responsible for everything you do with the Software and the service, including any spatial data you collect, any content you calculate, edit, and any consequences thereof. You must make your own judgment about the content in the Service and bear all risks arising from the use of the content, including risks arising from reliance on the correctness, completeness or usefulness of the content. 4DAGE cannot and will not be liable for any loss or damage arising from the foregoing risks.

X. Treatment of Default
10.1 You understand and agree that all legal liabilities or losses arising from your violation of the provisions of the relevant laws and regulations or the Agreement and the relevant terms of service shall be borne by you and have nothing to do with 4DAGE. 4DAGE has the right to take any appropriate legal measures to defend its rights, including, but not limited to, preserving the relevant information in accordance with the law and reporting it to the relevant departments, requesting you to bear the responsibility of breach of contract and requesting you to bear any losses caused to 4DAGE.
10.2 You understand and agree that you shall be independently liable for any claim, demand or loss asserted by a third party due to or arising from your violation of the provisions of relevant laws and regulations or the agreement of this Agreement and the relevant terms of service, and that you shall also compensate any loss suffered by 4DAGE as a result.

XI. Declaration of Intellectual Property Rights
11.1 4DAGE is the owner of the intellectual property rights of the Software. All copyrights, trademarks, patents, trade secrets and other intellectual property rights of the Software, as well as all information contents related to the Software (including but not limited to text, images, audio, video, charts and graphs, interface design, layout framework, relevant data or electronic files, etc.) are protected by the laws and regulations of the People's Republic of China and relevant international treaties, and 4DAGE is entitled to the above intellectual property rights, except for the rights that the relevant right holders should enjoy according to the laws and regulations. 
11.2 You may not implement, use or transfer the above intellectual property rights by yourself or license them to third parties for commercial or non-commercial purposes without the written consent of 4DAGE or the relevant right holder.
11.3 No transfer of intellectual property rights, portrait rights or other rights will occur as a result of the transmission or copying of any content that you photograph, transmit, calculate or edit in the course of your use of the Software and services.

XII. Terminal Security Responsibilities
12.1 You understand and agree that the Software, like most software, may be affected by a variety of factors, including but not limited to user reasons, the quality of hardware and software environment, social environment, Internet environment on which the terminal computer the Software is installed, which may threaten the security of information and data on your terminal equipment and then affect the normal use of the Software and other factors. 
Therefore, you should strengthen the awareness of information security and personal information protection, pay attention to data protection to avoid losses.
12.2 You shall not create, publish, use or distribute malicious programs designed to steal point cloud data or spatial information.
12.3 Maintaining the Software security and normal use is the joint responsibility of 4DAGE and you, 4DAGE will take the necessary technical measures to protect the information and data security of your terminal device in accordance with industry standards in a reasonable and prudent manner, however, you acknowledge and agree that 4DAGE cannot provide a complete guarantee in this regard.

XIII. Third Party Software or Technology
13.1 The Software may make use of third party software or technology (including, but not limited to, open source and public domain code that may be used in the Software, etc., the same below) and such use is legally authorized.
13.2 If the Software uses third party software or technology, 4DAGE will, in accordance with relevant laws and regulations or agreements, display the relevant agreements or other documents which may be attached to the Agreement, packaged in a specific folder of the installation package of the Software or displayed through the open source software page, etc., which may be expressed in the form of "Software License Agreement", "License Agreement", "Open Source Code License" or other forms. These agreements and other documents are an integral part of this Agreement and have the same legal effect as this Agreement, and you should comply with them. If you fail to comply with these requirements and, as a result, the third party or the governmental authority files a lawsuit, imposes a fine or takes any other action against you and seeks the assistance of 4DAGE, you shall bear all legal liabilities.
13.3 If any dispute arises from the third party software or technology used in the Software, such third party shall be responsible for resolving the dispute, and 4DAGE shall not be liable for any responsibility. 4DAGE does not provide customer service support for third party software or technology, if you need support, please contact the third party.

XIV. MISCELLANEOUS
14.1 By using the Software you are deemed to have read and agreed to this Agreement. 4DAGE reserves the right to modify the terms of this Agreement as necessary. You can check the relevant terms of the Agreement in the latest version of the Software. If you continue to use the Software after the terms of this Agreement have been modified, you will be deemed to have accepted the modified Agreement. If you do not accept the modified Agreement, you should stop using the Software.
14.2 The place of signing of this Agreement is Xiangzhou District, Zhuhai City, Guangdong Province, People's Republic of China.
14.3 The laws of the Mainland of the People's Republic of China (without regard to conflicts of laws) shall govern the formation, effect, performance, interpretation and dispute resolution of this Agreement.
14.4 If any dispute or controversy arises between you and 4DAGE, it shall first be resolved by friendly negotiation; if the negotiation fails, you agree to submit the dispute or controversy to the jurisdiction of the People's Court having jurisdiction in the place where this Agreement is signed.
14.5 The headings of all provisions of this Agreement are for convenience only and have no meaning of their own and shall not be relied upon in construing the meaning of this Agreement.
14.6 The provisions of this Agreement shall remain in force and binding on the parties notwithstanding any partial invalidity or unenforceability for any reason.