The “Agency Agreement” (hereinafter referred to as “the Agreement”) is established jointly by the Soft Generation service system (hereinafter referred to as “APSDAI”) and the software developer (hereinafter referred to as “Developer”) regarding the online registration of software, and the following agreement is reached:
The Developer ensures that the software published on APSDAI must be genuine software that is non-infringing, non-counterfeit, legal, and free of viruses in accordance with the laws and regulations of the People’s Republic of China. Any losses (including users) caused thereby shall be the responsibility of the software developer. The Developer’s registration and submission of the software indicate acceptance of this cooperation agreement, without the need for written signature confirmation. If there are any objections, they must be negotiated before the software is submitted.
APSDAI provides the Developer with a complete management area, and the Developer ensures that the information filled in must be true, valid, and legally compliant. The Developer’s management area includes the addition and modification of software materials; the Developer manages and maintains the software materials independently. Once the software is officially released, any corrections made by the Developer to the materials can be updated in real time. The Developer may modify the registration price of the software according to the actual registration situation as needed, and APSDAI does not interfere with this right of the Developer. APSDAI will strive to ensure the security and stable operation of the system. If any losses or damages are caused due to the information filled in and the content of the software materials not being in accordance with laws and regulations, or being false and untrue, the Developer shall bear all responsibilities.
APSDAI provides the Developer with online payment services to facilitate the conversion of potential orders into transactional orders. APSDAI will notify the Developer by email to provide services to users immediately after a user’s payment is successful. Any damages caused by the Developer’s inability to receive emails are the responsibility of the Developer. The Developer should ensure that the email address provided to APSDAI is true and valid, and should try not to use free email services.
“Order Payment Notification” refers to the notification letter sent to the Developer by APSDAI immediately after confirming that a payment for an order is successful. After receiving the “Order Payment Notification” from APSDAI, the Developer should promptly send registration emails and process orders to users. If not done within 12 hours, users may apply for a refund. Once this “Notification” is sent, it is considered that the Developer has received it. The Developer is obliged to frequently log in to the APSDAI management area to check the status of orders and make corresponding processing.
The Developer is responsible for customer service for their software. If users encounter software usage issues, the software developer needs to provide timely and patient technical services. If not handled within 24 hours or if the user complains to a third party, APSDAI has the right to directly refund the user. Any costs incurred due to refunds shall be borne by the Developer.
The Developer should protect their account on APSDAI and should not log in to the management area in internet cafes or other public places. The Developer should use the “safe exit” function to log out correctly from the management area. APSDAI is not responsible for any losses caused by the leakage of the Developer’s login name and password.
Depending on the agency commission plan set by the Developer when releasing the software product, APSDAI extracts the corresponding agency commission for each order according to the actual amount of the transactional order.
The Developer should pay taxes to the relevant departments in accordance with national tax regulations.
For market promotion needs, APSDAI may include the published software in other carriers produced by APSDAI and third-party media authorized by APSDAI. If the Developer does not specify, APSDAI understands that it has obtained the Developer’s consent.
APSDAI promises to back up order data regularly. In the event of partial or total loss of order data due to force majeure, APSDAI has the right to be exempted for up to 7 days from the date of loss. APSDAI bears full responsibility for any losses caused by data loss beyond this limit.
The intellectual property rights and interpretation rights of the software belong to the Developer. APSDAI is only responsible for handling issues that arise during the user’s payment for software registration fees and the sending of registration information, and for handling user inquiries and complaints in a timely manner. APSDAI assumes no responsibility for issues related to software safety, infringement, illegality, and after-sales service. In the event of disputes over the software materials submitted by the Developer, APSDAI reserves the right to dispose of them independently, including taking all necessary measures to mitigate or eliminate damage.
APSDAI has the right to terminate the cooperation with the Developer at any time. The reasons for termination include: obstacles to the Developer’s or the software’s main body qualification; malicious use of APSDAI by the Developer or related rights holders; the Developer’s inability or refusal to provide services to users in a timely manner; and the Developer’s violation of this Agreement. The Developer’s release of illegal, disciplinary, infringing, unsafe, or Trojan software. When the above reasons for termination are established, APSDAI has the right to withhold the registration funds in the Developer’s account for potential damages. This measure does not exclude the right to pursue the Developer. When the reason for termination is something else, APSDAI is obliged to explain to the Developer and deliver all registration funds in the Developer’s account to the Developer. The Developer’s removal of the software expresses the cessation of cooperation for this software.
APSDAI undertakes a confidentiality obligation for the personal information submitted by the Developer. Without the Developer’s authorization, APSDAI shall not disclose, transfer, or sell the Developer’s personal information at will. This restriction does not apply when the economic entity of APSDAI changes. Leakages caused by force majeure are also not restricted by this clause. Both parties agree to keep the commercial and technical information obtained during the performance of the agreement confidential.
The economic entity of APSDAI is Shenzhen Gooruan Network Co., Ltd., and all rights and obligations of APSDAI are borne by Shenzhen Gooruan Network Co., Ltd. APSDAI reserves the right to modify this Agreement. When there is a significant modification to this Agreement, APSDAI has the obligation to notify the Developer of the content of the Agreement. The Developer has the right to continue to enjoy the services of APSDAI or to decide to exit APSDAI.
Both the Developer and Shenzhen Gooruan Network Co., Ltd. should comply with this Agreement. If either party breaches the contract unilaterally without cause, the party performing the contract may claim damages from the breaching party until it files a lawsuit in the People’s Court if necessary measures still cannot eliminate the damage.
This Agreement is applicable and only applicable to the laws and regulations of the People’s Republic of China. Items not listed in the Agreement shall comply with the requirements of the laws and regulations of the People’s Republic of China. This clause does not exclude the legal effect of international conventions and treaties participated in by the government of the People’s Republic of China.
Both parties should comply with the provisions of the Agreement and maintain good communication and cooperative relations during the cooperation process. This Agreement takes effect after the software developer registers and submits the software.
