Software License and Service Agreement

Important Notice: 
Tencent hereby reminds the user (hereinafter "You" or "the User") of this software (hereinafter the "Software") to read this Software License and Service Agreement (hereinafter the "Agreement") carefully ---- the User shall read carefully all the terms and conditions of this Agreement, especially those disclaiming or limiting the liabilities of Tencent, restricting the rights of the User, or relating to dispute resolution and governing law. Please read this Agreement and decide whether to accept it; a minor shall be accompanied by his or her legal guardian when accepting this Agreement. You are not allowed to download, install or use the Software or to use related services unless you accept all the terms and conditions of this Agreement. Your download, installation and use of the Software, and your ID registration and sign-in shall be regarded as your acceptance of the Agreement and your agreement to be bound by all the terms and conditions of this Agreement.

This Agreement, between the User and Tencent and Tencent's operation partners (hereinafter "Partners"), is an agreement regarding the User's downloading, installation, use and copying of the Software, including but not limited to QQ and TM client for PC, mobile phone, PDA and other wireless handset, as well as the User's registration, use and management of the QQ account and the use of related services provided by Tencent. This Agreement stipulates the rights and duties of You and Tencent regarding the licensed use and related services. "The User" or "You" refers to a person or entity who obtains the Software authorization license and/or the Software products by means of the Software license and the account registration as provided by Tencent.

This Agreement may be updated by Tencent at any time and without prior notice to the User. After the updated Agreement is issued, it shall replace the original Agreement effectively. Users can read the updated Agreement by logging in the Software or checking on the Website at any time. After Tencent has updated the clauses of Agreement, the User should stop using software and services provided by Tencent if he/she does not agree with the clauses amended, otherwise it will be deemed that the user has accepted the Agreement as amended.

Except those explicitly stated in the Agreement, the Agreement does not stipulate the terms of service for other services offered by Tencent or its Partners which the User visits when using the “Software”. Those services are usually regulated by other separate terms of service and the User should be familiar with and confirm his/her acceptance of those terms of service when using the relevant services. If there are conflicts between separate terms of service and this Agreement, the separate terms of service will govern. By using those services, the User shall be regarded as having accepted the relevant terms of service.

1.	Statement of Intellectual Property

1.1.	The Software was developed by Tencent. All intellectual properties, trade mark rights and patent rights in the Software and all information related to the Software, including but not limited to written expressions and their combinations, icons, decorations, charts, colors, page designs, page frameworks, data, printings and electronic documents, are under the protection of copyright laws, trademark law, Patent Law, Law of the People's Republic of China Against Competition by Inappropriate Means and international copyright treaties and other intellectual property laws and regulations. Except those involved in software or technologies authorized by a third party, Tencent enjoys the above intellectual property.

1.2 Without the written consent of Tencent, the User may not implement, use, transfer or permit any third party to implement, use or transfer the above intellectual property by himself/herself for the purpose of profit or nonprofit, and Tencent reserves the right to investigate the above behaviors unauthorized.

2.	Scope of the Software License

2.1.	User can install, use, display and operate the Software on a single terminal device for non-commercial use. The User may not install, use or run this “Software” for the purpose of commercial operation, and may not copy, alter, amend, run by mount or create any derivative works in relation to the Software, data released to any computer terminal’s internal memory by the Software during its running and interactive data between client terminal and server’s terminal during the Software’s running, and the forms include, but not limited to, plug-in, outside hanging or any unauthorized third party’s tool/service accessing to the “Software” and correlative systems. 

2.2.	Without the permission of Tencent, the User shall not install the “Software” in other terminal equipments definitely permitted by Tencent, including, but not limited to, set-top box, handheld equipment, phone, wireless internet device, game player, TV, DVD, etc.

2.3.	Rights reserved: All other rights not hereby licensed still belong to Tencent. User shall obtain separate written approval from Tencent when using the other rights.

3.	Points to Note

3.1.	The User shall provide accurate and authentic information when registering for the Software or other services offered by the Partners. The information is crucial to use the services of Tencent and retrieve the QQ account lost. The User shall bear the losses for the User offers the false information or lets others know his/her enrollment information, and the losses include, but not limited to, the failure to retrieve the QQ account lost due to false information.

3.2.	QQ Account

3.2.1	The User may use the services offered by Tencent by registering for a QQ account. Services include, but not limited to, QQ for PCs and handheld devices, TM, Qzone, Tenpay, QQ Mail, online games. Users may log in using their QQ IDs and enjoy these services. Tencent reserves the right to change and interpret future services of the Company. The User may apply to Tencent for a QQ ID through the Software client, website, SMS, IVR phone or by attending activities held or authorized by Tencent. Regardless of the User getting QQ ID by any form, this Agreement will be binding on it. When using the services offered by Tencent by means of the QQ account, the User shall abide by the terms of service for such services.
 
3.2.2	The QQ account is owned by Tencent. The User obtains the right to use the QQ account after completing the registration procedure.

3.2.3	The QQ account can only be used by the initial registrant. It is not allowed to be presented as a gift, lent, rented, transferred or sold. If Tencent finds that the QQ account is not being used by the initial registrant, Tencent is entitled to reclaim the said QQ account, without bearing any legal liability to the said user. The User shall bear the losses including, but not limited to, communication interruption, information and game item missing caused by the foresaid cases. In order to prevent disputes on the QQ account, the User is not allowed to privately transfer the QQ account with or without consideration; the User shall bear all possible losses arising from the breach of this requirement. Further, Tencent reserves the right to investigate legal responsibilities of the above actors. 

3.2.4	The User shall be responsible for the safekeeping of the QQ account and the password, and be fully responsible for all activities performed through the use of the QQ account and the password. The User shall pay attention to the safekeeping of the password of the QQ account and the open-email account. The User agrees that such a case shall be immediately notified to Tencent as the User’s account is being used by others without permission.

3.2.5	After having lost QQ account or forgotten its password, the User shall appeal to retrieve the account in time by following appeal approaches of Tencent. The User shall continuously offer the protection information of personal password to increase the security of account. By dint of original enrollment information and protection information of personal password, the User may fill in the appeal form and apply to Tencent for retrieve of account. The password retrieve mechanism of Tencent is only responsible to identify the correctness of information filled on the appeal form and information recorded by the system, and is unable to identify whether the applicant is the authentic possessor of account or not. Tencent will not bear any responsibility for any loss caused by the false appeal of others instead of the User. The User knows that the responsibility to safely keep QQ account and password lies in him/her. Tencent will not promise that the User is sure to retrieve the account through appeal after having lost QQ account or forgotten the password.

3.2.6	To avoid wasting resources and protect legitimate rights of the user, Tencent is entitled to reclaim the use of any QQ account which has long been unused since registration and which is registered in bad faith. Thus, the User shall bear the losses including, but not limited to, communication interruption and loss of personal information, mails and game items.

3.3.	Tencent QQ Toolbar

3.3.1	For the User’s convenience in browsing network, when installing the Software, there will appear a hint to install the software of QQ toolbar and the User may choose not to install QQ toolbar by giving up the option. If the User will not need the functions of QQ toolbar any more after having installed the software, the User may uninstall the software of QQ toolbar in “Add/Remove Programs” under “Control Panel” of the system.

3.3.2	The QQ toolbar can enhance the User’s search through browser and also help the User to quickly access to QQ bookmark, QQ e-mail, Ask, QQ zone and other affairs of Tencent.

3.3.3	The Software does not contain malicious codes aiming to destroy the User’s computer data and obtain privacy information, monitor the User’s behaviors online and offline or divulge privacy of the User.

3.3.4	QQ toolbar may conflict with some similar software previously installed by the User, and the installation of QQ toolbar will result in the incapacity of the above software. Therefore, the User shall carefully read the correlative documents and bear the relevant risks by himself/herself.

3.3.5	If there has a separate Installation License Agreement for QQ toolbar, the User shall firstly read it and choose to accept it or not.

3.4	The use of this Software by the User is subject to the laws and this Agreement. The User is not entitled to perform, including but not limited to, the following activities:

3.4.1	The User logs in or uses software and service of Tencent by means of a third party’s software or system not developed, authorized or approved by Tencent Company; As to software and services of Tencent, the User uses plug-ins and outside hanging not developed, authorized or approved by Tencent Company. 

3.4.2	Deleting the copyright statements attached to the Software and its copies. 

3.4.3	To reverse engineer, reverse compile or disassemble the Software. 

3.4.4	by using the Software, without the prior written consent of Tencent, to use, copy, revise, link to, cite, compile, issue or publish the information of the Software, or to build mirror website of the said information or to develop related derivative products, works or services by using the Software. by using the Software, to publish, deliver, transmit or store any content that contravenes national law, or threatens the national security, reunification of the nation, social stability, or anything that is inappropriate, insulting, defamatory, obscene, violent and against the national laws, regulations and policies.

3.4.5	by using the Software, to publish, deliver, transmit or store any content that contravenes national law, or threatens the national security, reunification of the nation, social stability, or anything that is inappropriate, insulting, defamatory, obscene, violent and against the national laws, regulations and policies. 

3.4.6	by using the Software, to publish, deliver, transmit or store content that infringes other's intellectual property rights or trade secrets.

3.4.7	to mislead, deceive others by fake identification.

3.4.8	to issue, deliver or transmit bulk advertisements by using the Software. 

3.4.9	to deliver or transmit files including pictures, photos, software or other materials, which are under the protection of intellectual property law, such as (but not limited to), copyright or trademark laws (or right of privacy or right to publicize), unless the User owns or controls the related rights or have obtained the necessary authorization.

3.4.10	to use any material or information that contains pictures or photos which have been acquired by infringing existing trademark, copyright, patent, trade secrets or other exclusive rights of other third party.

3.4.11	to take any actions to threaten the security of the network, including but not limited to, use data or enter server/account without permission; enter public networks or private computer and delete, copy, amend or add stored information without permission; without permission, attempt to detect, scan or test the weakness of the Software system or the network or attempt to conduct any other activities to damage the network security system; attempt to intervene with, affect the normal operation of, the Software or the network; intentionally spread malicious programs or viruses, and take other actions to damage or intervene with the normal information service of the network; forge part or all of the titles of TCP/IP packets.

3.4.12	It is prohibited to amend or forge the instruction, data and data packet in the running of software works, add, delete, decrease or change the functions or running effects of software, spread the software for the foresaid purposes to the public through information network, or operate them;

3.4.13	It is also prohibited to apply the Software and services offered by Tencent to the running of nuclear facility, sustentation of life or other major equipments putting humans and their belongings in danger. The User understands that the Software and services offered by Tencent are not designed for the above purposes and Tencent will not bear any responsibility for casualty, grave losses of belongings and destruction of environment due to the above unsuccessful operations arising from the Software and services;

3.4.14	It is prohibited for the User to make, issue or spread the software aiming to steal QQ account and others’ exclusive information, belongings and confidential information;

3.4.15	On the premise that Tencent Company does not give an explicit written authorization, it is prohibited to sell, lease, lend, spread, transfer or sublicense software and service or relevant links, or gain profits from using software and services or their clauses, no matter whether the above uses aim at direct economic or money earnings;

3.4.16	It is prohibited to use the Software and other services offered by Tencent in any other illegal form, for any illegal purpose or in any form inconsistent with the Agreement;

3.4.17	If the User breaches the foresaid stipulations, Tencent has the right to terminate, suspend in part or in whole, or restrict the functions of the User’s account.

3.5	When using the Software, the User shall comply with the relevant national laws and policies, protect the national interests, safeguard the national security and comply with this Agreement. The User, but not Tencent or its Partners, shall be fully responsible for all liabilities resulting from the illegal use of the Software or breach of the Agreement. If the User's misbehavior causes loss to Tencent and/or its Partners, Tencent and/or its Partners are entitled to demand the User to provide compensation, cease provision of the service immediately and keep relevant records. Moreover, if the User violates laws or the Agreement and correlative clauses of services stipulated in other services of Tencent or Partners by using the Software and QQ account, Tencent has the right to take these measures including, but not limited to, interruption of use license, stopping of services, restriction of use, reclaim of the User’s QQ account, legal investigation, etc. considering the nature of the User’s behaviors and without a prior notice to the User. Tencent has the right to reclaim the QQ account if the User conducts any illegal activities, harass or deceive other users by using his or her QQ account. Thus, the User shall bear the losses including, but not limited to, communication interruption and loss of personal information, mails and game item.

3.6	Similar to most Internet software, the Software is vulnerable to all kinds of security threats caused by, including but not limited to User operation, network service and social environment, for example, third party may make use of the User's information to cause disturbance to the User's real life; the User may download and install other software containing viruses, such as Trojan Horse, that threaten the security of the User's computer and data and as a result, adversely affect the normal use of this Software. The User should enhance his or her awareness to information security and personal data protection, and be careful in enhancing the protection of his or her password, so as to avoid loss and disturbance.

3.7	All software derived from the Software that are not developed and formally released by Tencent or not authorized by Tencent, are illegal. It may bring about unpredictable risks to the User who downloads, installs or uses the said illegal software. The User should not download, install or use them. Tencent shall not be responsible for any legal liability and disputes arising therefrom. If the User downloads, installs or uses the above-mentioned software, Tencent shall be entitled to terminate his or her QQ account without notice.

The User should only log in to and use QQ through the QQ software provided by Tencent or other legal channels. The User shall not log in to the QQ account by means of software not developed by Tencent, including but not limited to the illegal compatible software, programs or other means not expressly authorized by Tencent, otherwise Tencent is entitled to terminate his or her QQ account without notice.

3.8	A minor under 18 years old shall access to the internet under the guidance of parent or teacher, correctly learn about how to use the internet, and shall avoid indulging in the dummy network world and bringing an effect on daily study and life.

3.9.	The User agrees that personal privacy information means such information that can identify the User or gets involved with personal correspondence, including the following information: the User’s name, ID card no., mobile number, IP address and e-mail. The non-privacy information means the basic recorded information explicitly and objectively reflected at Tencent server’s terminal, for example, the User’s operating state to the Software, the use habit, etc., and any other common information outside of personal privacy information. Tencent consistently respects the privacy of the User’s personal privacy information and Tencent will take reasonable measures to protect the User’s personal privacy information. Except such causes as the laws, request of government departments with power granted by the laws or the User’s consent, Tencent will not make the User’s personal privacy information public or disclose them to a third party except Partners without the User’s consent, except the cases that the User selects the option or agrees, or there are additional stipulations regarding the publicity or use of the User’s personal privacy information between the User and Tencent as well as Partners. Meanwhile, the User shall hereby bear any possible risk by himself/herself, and Tencent bears no responsibility for the risk. At the same time, in order to operate and improve the technologies and services of Tencent, we are likely to collect, use the User’s non-privacy information or provide a third party with the information, which helps to offer better experience to the User and improve our service quality.
It has long been a tradition of Tencent to respect the privacy of the User's personal information. Tencent would take reasonable measures to protect the User's information. Unless otherwise requested by law or the government or consented to by the User, Tencent would not disclose or release the User's information to any third party (other than its Partners) without the User's permission. However, if the User consents to the disclosure and release of his or her personal information when registering the QQ account, or if the User and Tencent and its Partners have reached a different agreement upon this issue, Tencent shall have the right to disclose and release the User's personal information. Under these circumstances, the User shall bear all the risks at his or her own cost and Tencent shall not be responsible therefor.

3.9.1	In general, Tencent may use the User's personal information for the following reasons: 
(1) to carry out the Software verification service; 
(2) to upgrade the Software service;
(3) to improve the security of the User's use of the Software and provide customer support; 
(4) because the User uses special functions of QQ, or when the User requests Tencent or its Partners to offer particular services, for which Tencent or its Partners has to provide the User's information to the relevant third parties; 
(5) Use all kinds of non-privacy data for commercial purposes including, but not limited to, value-added services offered to a third party, advertising, advertising positioning, marketing, joint registration of other services, sales promotion or any other activity (jointly called as “Commercial Activities”); 
(6) to implement the Privacy Protection Statement of Tencent, which is available on the website of Tencent; 
(7) other reasons for the interests of Tencent and the user.

3.9.2	Consent to the use of computer resources and reminder of risks.

3.9.2.1	The Software requires all users to use the Software jointly and to maintain the benefit provided by the Software. The User hereby agrees that the Software, when necessary, can make use of the User's resources, such as the processor of the User's computer and the broadband, so that other users of the Software can contact the User and share the benefits and services provided by the Software. The User's consent may affect user's experience and bring about some unpredictable risks. Accordingly, the User should consider it carefully before the User chooses to bear the risks.

3.9.2.2	The User agrees that Tencent will use reasonable effort to protect the User's computer resources and the privacy and completeness of the User's communications via computer. Nevertheless, the User acknowledges and agrees that Tencent can not provide any warranty therefor.

3.9.3	The User may show his/her consent by the following means: 
(1) clicking “I agree” to accep this Agreement and the terms of service issued by Tencent; 
(2) verbal or written consent via email, telephone, fax or instant message, etc.; 
(3) not protesting against the articles of "implied consent" in the Agreement or the service statement; 
(4) other means accepted by Tencent and the User.

3.9.4	Tencent reserves the right to disclose any information according to applicable laws, regulations, legal proceedings or the administrative orders, or on its own discretion decide to completely or partly edit, refuse to put up or delete any information or data. The User shall keep the confidentiality of this Agreement and the services provided hereunder. Without the prior written consent of Tencent, the User shall not provide or disclose this Agreement and the Software to any third party.

3.10	To replace, modify and upgrade the Software: Tencent reserves the right to replace, modify and upgrade the Software at any time and charge fee therefor. The Software activates automatically the function of "upgrade reminder". Depending on the version of the Software, the User may have an option to activate this function or not. After issuing the new version of software, Tencent will not guarantee the continuous availability of the former version of the Software. 
Tencent reserves the right to unilaterally change or restrict partial functions of software for the purpose of business development, and the User shall bear the risk.

3.11	According to the development of market and technology, Tencent and/or its Partners may provide the User with internet and mobile communication value-added services relating to this Software, with or without charges. Tencent and/or its Partners reserve the right to charge fees for the above-mentioned services and the right to change the charging standard and charging method. If the free services become services with charges, Tencent and/or its Partners shall notify the User of that in an appropriate way. The User may decide, on his/her own discretion, whether to accept it or not. If the User accepts the services with charges, he or she shall pay fees according to the charging requirements of Tencent and/or its Partners. If the User refuses or delays to pay, Tencent and/or its Partners reserve the right to terminate the services and claim against the User for losses and damages.

3.12	Tencent Company has the right to release all kinds of ads and information for propaganda during or through services and the ads may appear in the form of system message or popup window, etc.

3.13	Third party software and technologies

3.13.1	All software or technologies of other third parties possibly applied in the Software have been legally authorized. Any dispute arising from the software or technology of a third party shall be resolved by the third party, and Tencent does not bear any responsibility therefore. Tencent does not provide customer service for the third party's software or technology. If the User needs help, please contact the provider of the said software or technology.

3.13.2	If the “Software” uses the software or technologies of a third party, and the third party has requirements on such use and requires the User to follow, the User shall comply with such requirements. The Annex to the Agreement will introduce the third party’s software or technologies used by the “Software” to the User, and provide the User with the third party’s network link address. The User may browse, read and know the third party’s requirements on using such software or technologies by clicking the network link address.

3.13.3	As mentioned in above Article 3.13.2 of the Agreement, the Annex to the Agreement will introduce the third party’s software or technologies used by the “Software”.
The User fully understands: Tencent just made a rough introduction to the software or technologies according to the situations offered by the third party and Tencent’s comprehension. Tencent neither make any explicit indication or implied guarantee to functions, nature and other conditions of the software or technologies, nor ensure the introduction is all-around and detailed about all aspects of the software or technologies. The User shall directly contact with the third party for a comprehensive apprehension of the software or technologies.

3.13.4	As mentioned in above Article 3.13.2 of the Agreement, the third party may have relevant requirements on software or technologies authorized by him/her and used in the “Software” and require the User to follow them. The Annex to the Agreement will provide the User with the third party’s network link address to know relevant requirements of the third party.
The User fully understands: the third party’s network link address offered in the Annex to the Agreement is provided by Tencent according to the current network link address offered by the third party. The third party is likely to alter the foresaid network link address or relevant requirements on software or technologies authorized by him/her and used in the “Software”, and maybe Tencent does not update the foresaid network link address in time. Therefore, the User shall get acquainted with alterations of the foresaid network link address and relevant requirements of the third party in time.
Furthermore, the User also fully understands: the third party’s relevant requirements may be expressed in the form of Software Use License Agreement, License Agreement or other form, which compose part of the Agreement and have the equal legal effect with the Agreement. Moreover, if such requirements need the User to be followed, but you fail to follow them, the third party or the State’s judicial authority may take such measure to you as lawsuit, penalty or other sanctions and request Tencent to offer assistance.

3.13.5	You fully understand: the software or technologies authorized by the third party and used in the “Software” as mentioned in the Annex to the Agreement are just those being currently used in the “Software”. Tencent neither ensures that the “Software” will permanently use such software or technologies, nor ensures that Tencent will not use other software or technologies of the third party or like or unlike software or technologies of a party except the third party.

4.	Legal Liability and Disclaimer

4.1.	Permission to Use

4.1.1	Permission to use the User's computer: In order to obtain the benefits provided by the Software, the User hereby permits Tencent to use the User's computer processor and the broadband for the sole purpose of allowing other users of the Software to communicate with the User.
 
4.1.2	Protection of the User's computer resources: the User acknowledges that Tencent will use its commercially reasonable effort to protect the User's computer resources and the privacy and completeness of the User's communications via computer. Nevertheless, the User acknowledges and agrees that Tencent can not provide any warranty therefor.

4.1.3	It is a kind of network interactive software, and Tencent may develop by itself or cooperate with Partners to develop new services or adjust the functions of Software in order to improve software service and experience and consummate the business contents according to the User’s state and behavior of using the Software.

4.2.	Tencent hereby reminds the User that, in order to reserve the discretionary right of Tencent in its business development and adjustment, Tencent shall be entitled to amend or suspend the license of the Software at any time and without prior notice to the User. If necessary, the notice of amendment or suspension will be published on Tencent's website.

4.3.	If the User's breach of this Agreement or relevant terms of service brings about any third party's claims, demands or losses, including reasonable attorney's fee, the User hereby agrees to indemnify and keep Tencent and its Partners or affiliated companies indemnified against all losses incurred because of the said claims, demands or losses. Depending on the nature of the User's behavior, Tencent has the right to take the measures stated in Article 3.5 of the Agreement and other relevant measures without a prior notice to the User.
 
4.4.	The User shall bear all risks arising from the use of the Software. Tencent and its Partners do not provide any warranty in any form for the Software, whether express, implied, or statutory warranty and condition, including but not limited to express or implied warranties and condition as to its MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, virus-free, negligence-free, or free from technical defect, or that the Software is properly owned and does not infringe any existing rights. Tencent and its Partners bear no responsibility for any direct, indirect, incidental, particular and subsequent loss and risk because of the use of the Software or failure to use the same in any circumstances.

4.5.	The use of the Software involves the Internet service, which may be affected by various unstable factors; Since the service may be suspended or blocked because of force majeure events, computer virus, hacker  attack, instability of the system, the location of the User, User switching off the computer, illegal information and blocking of the harassing information, as well as other issues related to the network, technology, communication circuit and information security management, there is a risk that the User's demand may not be met. The User must understand and bear these risks solely and Tencent and its Partners bear no liability if the User is unable to send, accept or read information, or sends or receives wrong information because of the said risks. 

4.6.	When using the Software, there is a risk that the User may receive some threatening, defaming, annoying or illegal information from anonymous or imposturous source. The User must be aware of and bear these risks and Tencent and its Partners do not warrant that any of the said information is true, proper and legal.

4.7.	Tencent and its Partners bear no liability for the User's all possible loss due to a third party's communication error, technical problem, network or computer failure, system instability, or other force majeure events.

4.8.	In case the normal operation of the service is affected by force majeure events, like technical failure, Tencent and its Partners agree to cooperate with related parties promptly to solve the problem. Nevertheless, Tencent and its Partners bear no responsibility for the User's all possible loss arising therefrom.
 
4.9.	If the User suffers any psychological, physical damage or economic loss from being misled or deceived when communicating with other users, it is the wrongdoer, but not Tencent or its Partners, who shall bear all the responsibilities.

5.	Other Articles

5.1	Integrality of Agreement: the Agreement and Use Agreement and License Terms of software or technologies authorized by a third party jointly compose an integrated agreement of the “Software” and its supporting services.

5.2	The invalidity of any or part of the articles of this Agreement does not affect the validity of other articles.

5.3	All titles of the Agreement are only for attention and convenient reading and without actual meanings, which cannot serve as the basis of interpreting meanings of the Agreement.

5.4	This Agreement is signed in Shenzhen. Laws and regulations of People’s Republic of China are the governing law for the interpretation of, validity of and settlement of disputes arising from this Agreement. When any dispute or controversy arises between Tencent and the User, the two parties shall resolve the same through friendly negotiation; if the negotiation fails, the User hereby agrees that the dispute or controversy shall be resolved in the court located in the jurisdiction where Tencent resides (Shenzhen).

5.5	Customer Service hotline of Tencent: +86-755-8376-5566. Tencent website: www.qq.com. 

5.6	The English version of this Agreement is for reference only. In the event of any discrepancies or inconsistencies between the English and Chinese versions, the Chinese version shall prevail.



Tencent possesses the copyright of the Agreement and reserves all rights to interpret it. The software and service names, such as QQ, Tencent, etc, mentioned herein are likely to be registered trademarks or brands of Tencent, which are under the protection of laws.


                                        Tencent





Appendix I: About Qualcomm’s Patented Technology of Purevoice SDK

The Software applies the patented technology of Purevoice SDK, which is authorized by Qualcomm Incorporated.

The “QUALCOMM PROFESSIONAL SERVICES AGREEMENT” below includes the terms of using permission between you and QUALCOMM Incorporated. Your download, installation and use affirm your agreement to the terms of use and any changes.

QUALCOMM PROFESSIONAL SERVICES AGREEMENT
Customer is authorized to use Purevoice SDK Technology in the following aspects. Please do not use Purevoice SDK Technology Software if you disagree with the following terms and conditions. Your use of any part of the software should be treated as your acceptance of the following terms.

According to the QUALCOMM Professional Services Agreement, licensor authorizes Non — Exclusive License to customer for personal or internal business use only. The software shall be used only in the ordinary operation system such as Windows, Macintosh, Linux, Unix, and can not be linked to any wireless communication technology or facility. Customer shall not modify, reverse engineering, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, rent, lease or sell any information, software, products or services that are part of the Service except as expressly provided in these terms of use. Licensor does not authorize the original code to customer. Customer shall not be authorized to apply and obtain patent, copyright, trade secret, trademark right and any rights related to the software except expressly allowed by the agreement.

Customer shall not export or re-export the software, related document (or copy), or any product containing the software by violating the Law of United States or the law of territory where you got the software. 

Customer knows and acknowledges that the structure, order and system of the software are trade secrets of the Licensor and /or the authorized party. Customer should agree to keep these trade secrets confidential. Customer further understands and agrees: whether appear in whatever medium, the ownership of this software and all its copies shall belong to the Licensor and /or the authorized party.

Licensor provides the software “as is”, “with all faults” and “as available”, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with Customer. Licensor and /or the authorized party make no warranties. Licensor and /or the authorized party disclaims any and all warranties, express, statutory and implied, including without limitation (a) warranties of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement, (b) warranties arising through course of dealing or usage of trade, and (c) warranties that access to or use of the software will be uninterrupted or error-free. There are no warranties that extend beyond the face of this agreement. Licensor may change the software or the features in any way, and at any time and for any reason.

In no event shall licensor and /or the authorized party be liable for any direct, indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this agreement or your use of the software including, without limitation, damages for loss of use, data or profits, with the delay or inability to use the software, the provision of or failure to provide support services, or for any information, software, products, or services obtained through the software, or otherwise arising out of the use of the software, whether based on contract, tort, negligence, strict liability or otherwise, even if Licensor and /or the authorized party has been advised of the possibility of damages. 

The agreement shall be effective until it is terminated. Customer may terminate the agreement by destroying the software, document and any related copies or incorporated parts. Customer’s violating of any terms of the agreement will also cause termination. Once the agreement is terminated, customer agrees to destroy the software, document and any related copies or incorporated parts.

The validity, interpretation, execution, implementation of, and settlement of disputes in relation to this Agreement shall be governed by the laws of California State, rather than Conflict Law. Interpretation of this agreement and enforced execution should be submitted to the Court having jurisdiction in San Diego, California.

Copyright (c) 2004 QUALCOMM Incorporated. All rights reserved. QUALCOMM, QCELP and PureVoice are Trademarks of QUALCOMM Incorporated. QUALCOMM is the service trademark of QUALCOMM Incorporated. Windows is the trademark of Microsoft in United States and other counties. All the trademarks and service trademarks belong to right owner.

Appendix II: About the patented technology of GIPS Voice Engine

Tencent is authorized by GIPS to use the patented technology of GIPS Voice Engine in the Software.

Portions Copyright (C) 2002-2009 Global IP Solutions, Inc. All rights reserved.

Global IP Solutions, GIPS, MediaWare, VoiceEngine, NetEQ, iLBC, iSAC, iPCM-wb, GIPS Enhanced G.711 and associated design marks and logos are trademarks owned or used under license by Global IP Solutions, and may be registered in certain jurisdictions.


Patents and Patents Pending, Global IP Solutions, Inc.
www.gipscorp.com



Safe Surfing Tips for Teens

Here are some basic tips for teens to surf on the internet more safely and protect themselves from the dangers:

1. Know the difference between virtual cyberspace and the real world, and keep from indulging in the cyberspace.

2. Be cautious about revealing any information that could identify you since it may be abused by predators to harass you or to harm your well-being.

3. Teens under 18 years of age should surf the Internet under the guidance and supervision of their guardians. 

4. Avoid getting together with someone alone that you meet online, and remember that people with bad intentions can be very determined to get what they want.

5. Tencent reserves the right to assist the public security authorities and Telecommunication authorities in investigating illegal activities.

We seriously remind internet users that you should have a correct awareness of the cyberspace, and it is important that you use caution and avoid potential problems so you can safely enjoy being online. 

Teens generally have less life experience but with strong curiosity, so may be more likely to be hooked by virtual world in the cyberspace and easily be cheated or abused by people with bad intentions. Parents and teachers should talk with the teens about what they can and cannot do online, try to understand their needs, interests, and curiosity, and work with them to help avoid problems in cyberspace. Teens should know that who you meet online are not necessary who they say they are. Never try to meet people you only know online by yourself since you might put yourself in danger by meeting them even if you think you know them and trust them.
