Software License and Service Agreement

Thank you very much for using the software and services provided by Hongyang Group Co., Ltd.!
In order to use NetTank (hereinafter referred to as “the Software”) and the related Services,please read and comply with the Software License and Service Agreement (hereinafter referred to as “the Agreement”) in its entirety. Please read carefully and fully understand the content of each clause, especially the clauses that exclude or limit liability, and then choose to accept or not accept the Agreement as a whole. Limitations and exclusions of liability may be highlighted in bold or otherwise brought to your attention.
Unless you have read and accepted all of the terms of the Agreement, you will not be able to use the Software and related Services properly. Your downloading, installation, account acquisition, login, and other use behaviors are taken to mean that you have read and agreed to be bound by the Agreement.

I. Scope

1.1 Scope of application
The Agreement is an agreement between you and us regarding the downloading, installation, use, and copying of the Software and the use of related services.
1.2 Relationship and conflicts
The Agreement and the Privacy Policy form integral and inseparable parts of a unified whole, and are used in conjunction to inform you about the Software and the Services and to protect your personal information. The Agreement also includes any agreements, business rules, etc. that we may issue from time to time in connection with the Services. Once the above-mentioned content is officially released, it is an integral part of the Agreement, and you should also comply with it.

II. About the Services

2.1 Content of the Services
The Services refer to the software or tool we provide to users that integrates tank stock view, printing and management (“NetTank”), offering main functions: 1. providing software management account; 2. enabling tank online or offline state, tank capacity, product stock, product volume, product level, product temperature, water volume, water level,etc.;3.providing alarm,alarm record, delivery record inquiry function;4. creating tank stock information printing function to meet users’ needs for product management (hereinafter referred to as the “Services”).
2.2 Forms of the Services
2.2.1 To use the Services, you need to download the NetTank App, for which we grant you a personal, non-transferable, and non-exclusive license.
2.2.2 NetTank Services App may provide multiple application versions including but not limited to iOS, Android, Windows Phone, Windows, and so on. Users must select the software version that matches their terminal device.
2.2.3 You should purchase the version of the product (ATGS) matching your actual region or country through Hongyang official store or Hongyang authorized sales channel. If you purchase NetTank products through unofficial authorized channels, there are risks of piracy, failure to adapt to the operating environment of the software, etc., and we will not be able to provide you with services regarding the above-mentioned risks.
2.3 Scope of the Services
2.3.1 We grant you a personal, non-transferable, and non-exclusive license to use the Software. You may install, display, run, and use the Software on a single terminal device for non-commercial purposes.
2.3.2 All other rights not expressly granted in this section and elsewhere in the Agreement remain with us and you must obtain our separate written permission to exercise these rights.Our failure to exercise any of the aforementioned rights does not constitute a waiver.

III. Access to the Software

3.1 You can get the Software directly from App Store,Hongyang authorized sales personnel, Hongyang authorized distributors and Hongyang Official Website.
3.2 If you obtain a setup program of the Software or of an application with the same name as the Software from a third party that has not been authorized by us, we cannot guarantee the normal use of that software and will not be liable for the losses caused to you.

IV. Installation and uninstallation of the software

4.1 We may have developed different software versions for different terminal devices, so you should make sure to download the appropriate version for installation according to your actual situation.
4.2 After downloading the installation program, you need to follow the steps prompted by the program to install it correctly.
4.3 If you no longer need to use the software or need to install a new version of the software, you can uninstall it yourself. If you are willing to help us improve our product service, please tell us the reason for uninstallation.

V. Update of the Software

5.1 In order to improve user experience and service content, we will constantly strive to develop new services and introduce new features. Some functions will be provided to you for a free trial period of 1 month, subject to extension according to the progress of research and development and market research, and will automatically become the exclusive rights of NetTank VIP users after the trial expires, subject to the actual functions updated by the platform. At the same time, we will also provide you with software updates from time to time (these updates may take the form of software replacement, modification, function enhancement, version upgrade, etc.).
5.2 In order to ensure the security and functional consistency of the Software and the Services, we reserve the right to update the Software without your specific notice or to change or limit the effect of some features of the Software.
5.3 When a new version of the Software is released, older versions of the Software may not be available. We do not guarantee the continued availability of older versions of the Software and the corresponding customer service, so please check and download the latest version at the current time.

VI. Protection of Personal Information

6.1 It is our basic principle to protect users’ personal information, and we will take reasonable measures to protect users’ personal information. We will not disclose your personal information to any third party without your permission, except for in such cases as specified by law. We use professional encrypted storage and transmission of relevant information to protect the safety of users’ personal information.
6.2 In the process of using the Services, maybe you need to provide some necessary information, for example, your cell phone number, etc. in order to provide you with account registration services or user identification. If the information you provide is incomplete, you will not be able to
use the Services or will be restricted in such use.
6.3 In general, you may view and modify the information you submit at any time, but we will verify and confirm your identity for security and identification purposes (e.g. number appeal service).
6.4 We use various security technologies and procedures to establish a sound management system to protect your personal information from unauthorized access, use, or disclosure.
6.5 We will not disclose your personal information to other organizations or individuals without your consent, except as otherwise required by law.
6.6 We attach great importance to the protection of minors’ personal information. If you are a minor under the laws of your country, you should obtain the prior consent of your guardian before using our services.
6.7 You may also read the Privacy Policy for further information on how we collect, use, store, and protect your personal information and what your rights are.

VII. Rights and Obligations

7.1 Account usage guidelines
7.1.1 Before using the Services, you need to register an account, which can be registered by distributors or Hongyang . The ownership of the account belongs to us, but the user will get the right to use the account after completing the registration procedure, and this right to use belongs to the initial applicant only. At the same time, the initial applicant may not illegally give, borrow, rent, transfer, or sell the account or license the use of the account in any other illegal way to anyone other than the initial applicant.
7.1.2 The user is responsible for the security of the registered account information and the account password, and is held legally liable for all actions under the registered account and the password. Users agree not to disclose their account and password information to others under any circumstances. If you suspect that someone else is using your account, please contact us immediately. Our contact information: 400-187-1687.
7.1.3 If a user does not log into the account for a long period of time after registering or creating an account, we have the right to recall the account in order to avoid wasting resources,but we shall notify the user in advance by necessary means (e.g. cell phone SMS), and any losses (if any) caused by this shall be borne by the user.
7.2 Precautions for users
7.2.1 You understand and agree that in order to provide you with effective services, the Software may utilize resources such as the processor and bandwidth of your terminal device. In the process of using the Software, data traffic charges may be incurred, and users are required to obtain the relevant tariff information from the operator and bear the relevant charges.
7.2.2 You understand and agree that we will use our commercially reasonable efforts to protect the security of your data storage in the Software and Services, but we cannot provide complete warranties in this regard, including but not limited to the following:
(1) we disclaim liability for the deletion or failure to store your data related to the Software and Services;
(2) unless otherwise specified, we reserve the right to determine the maximum storage period for data in the Software and Services for each individual user and to allocate maximum data storage space on our servers, etc. based on the actual circumstances. You may back up the relevant data in the Software and the Services as you see fit.
(3) unless otherwise specified, if you stop using the Software and Services or if the Services are terminated or cancelled, we may permanently delete your data from the server or anonymize or de-identify it.
7.2.3 Your use of the Software and Services is at your own risk from elements beyond our control, including but not limited to:
(1) the risk of loss or leakage of personal information that may be caused by irresistible factors;
(2) you must choose the version of the Software that matches your bearing terminal device; otherwise, any problems or damages caused by the mismatch between the Software and the terminal device model shall be borne by you;
(3) when you use the Software to access third-party websites, the risks that may result from the third-party websites and related content shall be borne by you;
(4) the risks and responsibilities that may arise from the access, forwarding, or sharing of the content posted by you or by others;
(5) you understand and agree that: in the process of using the Services, you may encounter force majeure and other risk factors that may cause interruption of the Services. Force majeure refers to objective events that cannot be foreseen, overcome and avoided and that have a significant impact on one or both parties, including but not limited to natural disasters such as floods, earthquakes, storms, plagues, etc. and social events
such as war, unrest, governmental actions, etc.
7.3 Third-party products and services
7.3.1 When you use the products or services provided by third parties of the Software, you shall comply with the user agreements of the third parties in addition to the Agreement. We and the third party are each responsible for any disputes that may arise to the extent provided for by law
and agreed upon.
7.3.2 As a result of the user’s use of the Software or request for specific services from us, the Software may invoke third-party systems or support the user’s use or access through third parties, and the results of such use or access will be provided by such third parties, and we do not guarantee the security, accuracy, effectiveness, and other uncertain risks of the services and content provided through third parties, and we will not be liable for any disputes or damages arising therefrom.
7.3.3 Third-party service providers may provide products or services to you through the Software, during which process the third-party service providers may collect, use, and store your relevant data or information; therefore, we strictly require, through the relevant agreements signed with the third-party service providers, that the third-party service providers comply with the provisions of relevant laws, obtain your prior explicit consent, take necessary data protection measures, use your relevant data reasonably only for the purpose of products or services, and provide you with the means to modify or delete your own data; moreover, they must delete all data when the service is discontinued, etc., in order to protect your data and privacy from infringement to the greatest extent possible. You should fully understand the terms and policies of the third-party products or services before accepting or using them. If you find that any third-party service provider has carried out or declared its intent to carry out illegal behavior, you can contact and inform us.

VIII. Code of Conduct

8.1 Information content specification
8.1.1 The information content described in this Article refers to any content created, copied,or published by users in the course of using the Software and Services, including but not limited to account registration information, edited text, images, and other content generated by using the account or the Software and Services.
8.1.2 You understand and agree that you may not use your account or the Software and Services to create, reproduce, publish, or distribute content that interferes with our normal operations or violates the legal rights of other users or third parties, including, but not limited to:
8.1.2.1 Posting, transmitting, distributing, or storing content that violates the law by:
(1) violating the basic principles established by law;
(2) endangering national security, divulging state secrets, subverting state power, and undermining national unity;
(3) harming the honor and interests of the State;
(4) inciting ethnic hatred, ethnic discrimination, or undermining national unity;
(5) undermining the State’s religious policies or propagating evil cults and feudalistic superstitions;
(6) spreading rumors, disrupting social order, or undermining social stability;
(7) spreading obscenity, pornography, gambling, violence, murder, terrorism, or aiding/abetting crime;
(8) insulting or slandering others or infringing on the legitimate rights and interests of others;
(9) inciting illegal assemblies, associations, marches, demonstrations, or gathering of people to disrupt social order;
(10) containing other content prohibited by laws.
8.1.2.2 publishing, transmitting, disseminating, or storing content that infringes on the legal rights of others, such as reputation, portrait rights, intellectual property rights, and trade secrets;
8.1.2.3 involving the privacy, personal information, or data of others;
8.1.2.4 publishing, transmitting, spreading harassment, advertising information, excessive marketing information, and spam, or containing any sexual or sexually suggestive information;
8.1.2.5 other information that violates laws, regulations, policies, public order and morals, or social morals, or interferes with our normal operations and infringes on the legal rights and interests of other users or third parties.
8.2 Software usage
8.2.1 Unless permitted by law or agreed by us in written form, you may not engage in any of the following acts with the Software:
(1) delete the copyright information on the Software and its copies, if any;
(2) reverse engineer, reverse assemble, or reverse compile the Software, or otherwise try to find the source code thereof;
(3) various acts infringing upon our intellectual property rights such as using, renting, lending, copying, modifying, linking, reproducing, compiling, publishing, establishing mirror sites, etc. of the content we own;
(4) copy, modify, add, or delete the data released to any terminal memory by the Software or during the operations thereof, the interaction data between the client and the server during the operations of the Software, or the system data necessary for the operations thereof; or operate them in a crooked manner or create any derivative works, in any forms including but not limited to access to the Software and related systems via plug-ins,
add-ons or any thirdparty tools/services not authorized by us;
(5) add, delete, or change the functions or performance of the Software by modifying or falsifying the instructions and data during the operations thereof or operate or publicize the software and methods used for the above purposes, whether for commercial purposes or not;
(6) log in or use our software and services via any third-party software that is not developed or authorized by us, plug-ins, add-ons, or systems; or create, publish, or disseminate the above tools;
(7) interfere with the Software and its components, modules, and data on its own or by authorizing others or via third-party software;
(8) Other acts that are not expressly authorized by us.
8.3 Service operation specification Unless permitted by law or agreed by us in written form, you may not engage in any of the following acts when using the services:
(1) submitting or publishing false information, or impersonating or using the name of another person;
(2) inducing other users to click on linked pages (if any) or share information;
(3) misrepresenting facts or concealing the truth in order to mislead or deceive others;
(4) infringing on our or others’ legal rights such as reputation, portrait rights, intellectual property rights, trade secrets, etc.;
(5) using the account, Software, or Services to engage in any illegal or criminal activities;
(6) creating, publishing methods, or tools related to the above acts, or operating or disseminating such methods or tools, whether or not these acts are for commercial purposes;
(7) other acts that violate the law, infringe the legitimate rights and interests of other users, interfere with the normal operation of the product, or that we have not expressly authorized.
8.4 Responsibility for your own actions You fully understand and agree that you are responsible for all actions under your registered account, including any content, comments, and recommendations that you edit, print, publish, and any consequences thereof. You shall exercise your own judgment with respect to the content on the Services and bear all risks arising from its use, including risks arising from reliance on the accuracy, completeness, or usefulness of the content. We cannot and will not be liable for any loss or damage arising from the foregoing risks.
8.5 Handling of breach of contract
8.5.1 If we find any of the user’s breach of the Agreement independently or via complaints from others, we are entitled to delete or block the relevant contents at any time without notice, and give penalties on the account involved as the case may be, including but not limited to warnings, restrictions, or prohibitions of use of the functions in whole or in part, account banning or even cancellation, and announcement of the results.
8.5.2 You understand and agree that we have the right to take appropriate legal action against any user who breaches the provisions in our reasonable discretion and to keep the relevant information to report to the relevant authorities etc. in accordance with the provisions and that the user shall alone bear the legal liability arising therefrom.
8.5.3 You understand and agree that you shall be solely liable for any claims, demands, or losses caused or lodged by any third parties as a result of your breach of the Agreement or related terms of services, in addition to losses caused to us, if any.

IX. Declaration of Intellectual Property Rights

9.1 Hongyang Group Co., Ltd. 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 content related thereto (including but not limited to text, pictures, audio, video, graphics, interface design, layout frames, relevant data, and electronic documents, etc.) are protected by law.
9.2 You may not license any third party to enforce, exploit, or transfer such intellectual property rights for any commercial or non-commercial purposes without our written consent or that of the relevant right holder.
9.3 All content edited, uploaded, or posted by you in the course of using the Software and Services will not be subject to any transfer of intellectual property rights, portrait rights, or other rights as a result of the act of editing, uploading, or posting. At the same time, you understand and agree that we may use the specific public and non-confidential content published by you to achieve the purpose of the product to the extent permitted by law, including but not limited to storing it, playing it to the relevant users, making it available to the relevant users, and reusing it.

X. Terminal Security Responsibility

10.1 You understand and agree that the Software, like most Internet software, may be affected by variety of factors, including but not limited to user factors, quality of network services, social environment, etc.; it may also be subject to various security issues, including but not limited to the illegal use of user information by others for realistic harassment; other software downloaded and installed by users or other websites visited may contain viruses, Trojans, or other malicious programs that may threaten the information and data security of your terminal device, and then affect the normal use of the Software. Therefore, you should strengthen your awareness of information security and personal information protection and protect password to avoid losses.
10.2 You shall not create, publish, use, or distribute malicious programs that are used to steal personal information and property of accounts and others.
10.3 It is the joint responsibility of us and you to maintain the security and normal use of the Software. We will take reasonable and prudent technical measures to protect the information and data security of your terminal equipment in accordance with the regulations, but you acknowledge and agree that we cannot provide a complete guarantee in this regard.

XI. Third-Party Software or Technology

11.1 The Software may use third-party software or technology (including open-source code and public domain code that may be used by the Software, etc., the same below), and such use has been legally licensed.
11.2 In the event of any dispute arising from third-party software or technology used in the Software, said third party shall be responsible for resolving such dispute and we shall not be liable for it. We do not provide customer service support for third-party software or technology and if you need to obtain support, please contact the third party.

XII. Miscellaneous

12.1 By using the Software, you are deemed to have read and agreed to be bound by the Agreement. We reserve the right to modify the terms of the Agreement as necessary. You may review the terms of the Agreement in the most recent version of the Software. If you continue to use the Software after the terms of the Agreement have changed, you will be deemed to have accepted the revised Agreement. If you do not accept the modified Agreement, you must stop using the Software.
12.2 If you have comments on our services, please feel free to contact us; if there is any dispute or controversy between you and us, we will seek to resolve it amicably.
12.3 The headings of all terms and conditions of the Agreement are for convenience and to facilitate reading only, and have no actual meaning in themselves and cannot be used as the basis for interpretation of the meaning of the Agreement.
12.4 Remaining terms of the Agreement shall still be valid and binding on both parties, regardless of whether the Agreement is partially invalid or unenforceable for whatever reason.
12.5 If there is a conflict between the laws of your country and the Agreement, please inform us immediately and without delay and we will protect your legitimate rights and interests in accordance with the laws of your country. Unless otherwise provided by law, the term “the laws of your country” in the Agreement refers to the laws of the country in which you regularly reside.