Product Agreement
<p>Product Agreement</p>
<p>The Agreement of API Gateway Products and Services (the Agreement) is a binding contract signed by <strong>Shenzhen Ping An Communication Technology Co., Ltd.</strong> ("Ping An Tech") and you on matters with respect to products and/or services (the Services) provided by Ping An Tech.</p>
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<p><strong>Before accepting the terms and conditions of the Agreement, </strong>please carefully read the Agreement; <strong>you have no right to use the Services unless you have read and accepted the Agreement as well as relevant agreements and rules. </strong>If you have any doubt, please contact 4001518800 for explanations; if you can't precisely understand the explanations, or if you have any dispute, please do not conduct subsequent activities. <strong>Your confirmation, purchase or use of the Services as well as downloading and printing of stamped Agreement on the website means that you have read and fully understood the Agreement and agreed with Ping An Tech on purchase of the API Gateway Services and will be subject to terms and conditions of the Agreement.</strong></p>
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<p><strong>Please note that: </strong>Please read and understand the terms and conditions of the Agreement, definitions of restrictions, exemptions and violations/breaches as well as competent courts in particular. The abovementioned terms and conditions may be highlighted <strong>in bold font </strong>and/or underlined.</p>
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<p><strong>1. Services</strong></p>
<p>1.1 API Gateway services refer to the API Gateway services provided by Ping An Tech on its Ping An Cloud Platform as well as relevant tech and online support services.</p>
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<p><strong>2. Service pricing</strong></p>
<p>2.1 You can obtain all service prices or prices of services customized by Ping An Tech on yun.pingan.com. You should make the payment according to the prices on yun.pingan.com. The services will be subject to the descriptions on the website at the time of purchase, unless otherwise specified by the Agreement or both parties.</p>
<p>2.2 You can top up your account at Ping An Cloud via online banking or wire transfer, and then subscribe and pay for services you need. Payment methods and other rules are subject to Ping An Cloud. You should make the payment for services before corresponding deadlines as per services you purchased; <strong>Ping An Tech has the right not to provide the Services or is entitled to terminate the Services before your payment of all service fees. It also has the right to charge a penalty of 5</strong><strong>‱</strong><strong> of all service fees on a daily basis until all service fees are fully paid up. If you fail to make the payment within 30 days past the due date, Ping An Tech has the right to unilaterally terminate the Agreement. If you also use the prepaid services, the service fees corresponding to the amount of service time not used will be owned by Ping An Tech as the penalty.</strong></p>
<p><strong>2.2.1 Pre-paid services</strong></p>
<p>2.2.1.1. If you purchase monthly subscription services or service packages, Ping An Tech will provide relevant services after all service fees are fully paid up;</p>
<p>2.2.1.2. You need to make the payment in time after placing an order. If not, your order may become invalid which means all agreement or actions with respect to all services and prices will be not valid;</p>
<p>2.2.1.3. If you plan to renew the service agreement upon expiry of the service, you need to pay for the renewal charges within 7 days prior to the expiry of the service.</p>
<p><strong>2.2.2</strong><strong> </strong><strong>Post-paid services:</strong></p>
<p>If you purchase the services billed after the fact according to your use of services, you can select the post-paid services which will be billed by Ping An Tech at the end of each billing cycle by hour, day or month and service charges will be deducted from your account at Ping An Cloud. Billing rules and charges are subject to Ping An Cloud.</p>
<p>2.3 You understand and accept that Ping An Tech may provide you with services free of charge by specifying an allowance or by test invitations or open betas; Ping An Tech may charge such services in the future, and it will make greatest, reasonable efforts to publish charging policies and rules on the website or by sending private messages; if you still use relevant services, you should make the payment in time and effectively.</p>
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<p><strong>3. Your Rights and Obligations</strong></p>
<p>3.1 You have the right to use the services you purchased and are entitled to Ping An Tech's tech support according to the Agreement.</p>
<p>3.2 You undertake that you will not damage or disturb our website as well as websites of Ping An Tech's customers by technical or other means.</p>
<p>3.3 You undertake that when using the Services, you will abide by national and local laws, regulations, industry practices, and public ethics, and will not store, release, and spread the following information by utilizing services provided by Ping An Tech's: any information against national laws, regulations and policies; political information/news against national laws and regulations; any information on national secrets/security; superstitious and/or obscene information or information aids commission of a crime; gambling games and lotteries; information against China's ethnic and religious policies; information hindering safe running of the internet; information infringing upon legal interests of any other people/harming social order, social security, and public ethics. Users also undertake not to assist others in releasing the abovementioned information violating national laws and regulations and/or the terms and conditions of the Agreement, including but not limited to, URL setting, BANNER links, and email/text messages. You acknowledge that Ping An Tech has the right to terminate the Services without refunding any sums, and you will be held accountable for making up for any losses caused by the above mentioned doings.</p>
<p>3.4 Ping An Tech has the right to refuse to continue to provide any services to you if you violate the service agreement of Ping An Cloud.</p>
<p>3.5 You promise that you will not use Ping An Cloud's resources for any other purposes, including but not limited to doings related to hacking, cryptocurrency mining, and grid computing. In case of any of the abovementioned, your servers will be halted, and the accounts will be frozen immediately.</p>
<p>3.6 In addition to the Services, you should take reasonable, safe technical methods to ensure safety and integrity of all data stored on Ping An Cloud's servers, and bear all responsibilities arising out of consequences of your doings, including but not limited to overdue payment, software installment without our permit, encryption measures, or other measures.</p>
<p>3.7 You need to follow the Agreement and Ping An Tech's requirements, and are not allowed to engage in or assist the following actions (including but not limited to assistance in users' actions):</p>
<p>3.7.1 The cloud servers for the Service shall not be leased for the purposes of virtual servers or storage volumes, or proxy servers or mail servers;</p>
<p>3.7.2 Illegal online activities such as gambling, private servers, and plug-ins;</p>
<p>3.7.3 Publishing, sending, and spreading e-mail advertising and email spam;</p>
<p>3.7.4 Publishing, sending, and spreading undesirable or unrequested emails, e-ads, SMS-ads or emails or text messages containing reactionary, pornographic information;</p>
<p>3.7.5 High memory/CPU/broadband usage due to establishment or usage of related devices and configurations to run programs or execute processes not related to the Service, overloading the networks, servers (including but not limited to local, remote and global networks and servers), products/apps, and services used by the system of the Services or users of the Services, affecting communication between the Services and the internet, or communication among the Services, specific networks and servers, as well as communication for the Services, or resulting in server shutdown, crash or failure to access to the products or services of other API Gateway users;</p>
<p>3.7.6 Any action of disrupting or attempting to disrupt the network security, including but not limited to maliciously scanning websites and servers, hacking the system and gaining illegal access to the data by means of viruses, Trojans, malicious codes, and fishing;</p>
<p>3.7.7 Any change to or attempt to change the system configuration provided by Ping An Cloud services, or any disruption to the system security;</p>
<p>3.7.8 Usage of technical methods or other methods to damage and disturb operations of the Service or utilization of the Service by others;</p>
<p>3.7.9 Disturbance or any attempt to disturb normal operations of any product or any part of the product of Ping An Tech, or make, publish, and spread the abovementioned tools and methods;</p>
<p>3.7.10 Any actions violating the principles of honesty, integrity, public orders, and public ethics;</p>
<p>3.7.11 We have the right to halt your server or freeze your account if you frequently suffer attacks (including but not limited to DDoS attacks) as a result of your engagement in any business including but not limited to DNS resolution, security services, domain name proxy services and reverse proxy, and fail to remedy the situation in a timely manner, or eliminate ill effects in accordance with our requirements, thus exerting an adverse impact on the Service platform or pose threats to other users of the Services.</p>
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<p><strong>4. Rights and Obligations of Ping An Tech</strong></p>
<p>4.1 Ping An Tech has the right to provide the services and tech support you purchased according to the Agreement.</p>
<p>4.2 If Ping An Tech finds by itself or according to the information of competent authorities and the complaints by right holders that you have violated relevant laws and regulations or this Agreement, it has the right to unilaterally adopt one or several of the following measures on the basis of its independent judgment:</p>
<p>4.2.1 Asking you to delete and revise relevant contents immediately;</p>
<p>4.2.2 Directly deleting or masking relevant contents or removing the link.</p>
<p>4.2.3 Restricting and suspending the Services provided to you (including but limited to directly retiring part of services to you and withdrawing relevant resources, and restricting the operations of your account);</p>
<p>4.2.4 In case of gross violations, Ping An Tech has the right to terminate the Services provided to you, and terminates the Agreement (including but not limited to directly retiring all services provided to you and withdrawing relevant resources); and it will retain the fees (if any) for the amount of service time not used as damages for breach of contract.</p>
<p>4.2.5 Ping An Tech has the right to hold you accountable according to laws and regulations.</p>
<p>4.3 Ping An Tech has the right to check your entitlement to the API Gateway service.</p>
<p>4.4 Ping An Tech has the right to unilaterally terminate the service provided to you if you violate applying national, local laws and regulations or the Agreement, and has the right to work with competent authorities in performing inspections on you. And Ping An Tech will not be responsible for making up for any indirect, occasional, special and sequential losses under any circumstances.</p>
<p>4.5 Ping An Tech reserves the right to suspend the service and freeze your account if you use the system resources for other purposes.</p>
<p>4.6 The third-party software or technology may be used in the Service. Ping An Tech undertakes that such software or technology has been legally authorized, and relevant agreements or other documents have been disclosed in accordance with relevant laws and regulations. Relevant agreements or other documents disclosed are integral to the Agreement and having the same legal effect with the Agreement, which should be followed by all users.</p>
<p>4.7 If you use the API Gateway products or services for the purposes against your rights and obligations, or for the purposes against laws or harming interests of other people, Ping An Tech has the right to perform inspections on you, suspend your account, and delete relevant illegal resources.</p>
<p>4.8 Ping An Tech may transfer part of all of the rights and obligations of the Services to any third party, but it must keep you informed of such transfer in writing 60 days in advance. Both parties agree to sign all necessary documents and take reasonable measures for the validity of this provision.</p>
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<p><strong>5. Privacy Protection</strong></p>
<p><strong>5.1 Ping An Tech will collect necessary data and analyze them to upgrade services to ensure good experience of the API Gateway services.</strong></p>
<p><strong>5.2 Ping An Tech will not announce, edit, or disclose users' personal information as well as nonpublic information stored at Ping An Cloud without authorization of legal users, except the following cases:</strong></p>
<p><strong>5.2.1 Relevant laws, regulations, or Ping An Tech's legal service procedures;</strong></p>
<p><strong>5.2.2 For the purpose of maintaining the interests of users and the public in the event of an emergency;</strong></p>
<p><strong>5.2.3 For the purpose of protecting Ping An Tech's trade marks, patent right, and any other legal rights and interests;</strong></p>
<p><strong>5.2.4 Other cases that personal information has to be announced, edited or disclosed according to laws and regulations.</strong></p>
<p><strong>5.3 You authorize Ping An Tech to use your personal information under the following cases, including but not limited to:</strong></p>
<p><strong>5.3.1 Ping An Tech may share users' personal information with sponsors for the purpose of promotion or lucky draw. Ping An Tech will keep users informed of such cases before sharing users' personal information, and users may refuse the request to terminate information transmission;</strong></p>
<p><strong>5.3.2 Ping An Tech may work with any third party to provide network services to users. Under such case, if the third party agrees to bear the same responsibility of privacy protection, Ping An Tech has the right to provide users' information to the third party;</strong></p>
<p><strong>5.3.3 Without disclosing privacy information of a single user, Ping An Tech has the right to analyze users' databases which will be used for the commercial purpose.</strong></p>
<p><strong>5.3.4 Ping An Tech upgrades its products and services to meet customers' demands;</strong></p>
<p><strong>5.3.5 Ping An Tech provides such information according to China's applying laws and regulations;</strong></p>
<p><strong>5.3.6 Ping An Tech provides such information as required by competent authorities;</strong></p>
<p><strong>5.3.7 Users permit Ping An Tech to provide such information to the third party;</strong></p>
<p><strong>5.3.8 Ping An Tech provides such information for the purposes of whistleblowing and legal action;</strong></p>
<p><strong>5.3.9 Ping An Tech provides such information for the purposes of preventing severely illegal activities or occurrence of any criminal activities.</strong></p>
<p><strong>5.4 Service information is collected and stored for: a. relevant products or services required for providing products and services by Ping An Tech; b. improvement of Ping An Tech's products and services to meet customers' demands; customized service for better user experience. Ping An Tech may collect software information, hardware information, information automatically uploaded to API Gateway servers and users' preference information from users' smart devices (including cellphones, PCs and TVs) and browsers, including but not limited to IMEI number, ID, OS information, IP address, Cookie, GPS usage, and page visits.</strong></p>
<p><strong>5.5 Ping An Tech merely takes safety measures according to existing technologies to ensure that the information controlled by Ping An Tech will not be lost, abused or altered. Such measures include encryption of backup data on other servers as well as users' passwords. But Ping An Technology doesn't guarantee that the information is absolutely safe.</strong></p>
<p><strong>5.6 Ping An Tech will apply users' personal information in the audit, data analysis, research, and sharing among associates. In this way, users are able to use comprehensive services provided by Ping An Tech who can also continue to improve Ping An Tech's products and services.</strong></p>
<p><strong>5.7 Information authorization:</strong></p>
<p><strong>5.7.1 You authorize Ping An Group, unless otherwise provided by laws, to use any information provided by you to Ping An Group, any information generated by services received by you from Ping An Group (including any information provided and generated prior to execution of this document) as well as any information obtained and collected by Ping An Group under this Clause for the purposes of provision of services, recommendation of products, market research, and data analysis for you by Ping An Group and any partners of Ping An Group duly authorized as needed for provision of services;</strong></p>
<p><strong>5.7.2 You authorize Ping An Group, unless otherwise provided by laws, to provide, request or collect data to/from partners with which Ping An Group needs to cooperate for the purposes of provision of better services and products for you.</strong></p>
<p><strong>5.7.3 In order to ensure security of your information, Ping An Group and its partners shall keep such information confidential and take measures to ensure security of such information.</strong></p>
<p><strong>5.7.4 This authorization clause shall take effect upon execution of this Agreement and carry legal effects on its own regardless of whether or not the Agreement is signed or any change(s) to its legal effects.</strong></p>
<p><strong>5.7.5 If you disagree on the clause above partially or totally, you may [dial our customer service hotline (4001518800)] to cancel or alter the authorization.</strong></p>
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<p><strong>6. Liability for breach of contract</strong></p>
<p>6.1 Any party in breach of the Agreement will be hold accountable.</p>
<p>6.2 You understand that, due to uniqueness of PCs and internet, except for force majeure and unexpected events, the following cases are not regarded as a breach:</p>
<p>6.2.1 Ping An Tech needs to interrupt the Services when Ping An Tech configures and maintains servers;</p>
<p>6.2.2 Slow speed to access to websites, apps or services due to internet block.</p>
<p><strong>6.3 In no event shall Ping An Tech be liable for any indirect, exemplary damages, including any loss of profit arising out of use of the API Gateway services (even if advised of the possibility of such damage).</strong></p>
<p><strong>6.4 In no event shall Ping An Tech be liable for liquidated damages related to the service provisions herein exceeding the total amount of the fee of corresponding services.</strong></p>
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<p><strong>7. Disclaimer</strong></p>
<p><strong>7.1 Ping An Tech shall not guarantee (including but not limited to):</strong></p>
<p><strong>7.1.1 The API Gateway services are applicable to all users;</strong></p>
<p><strong>7.1.2 The API Gateway services are free of disturbance, timely, safe, reliable or free of errors.</strong></p>
<p><strong>7.1.3 You shall be responsible for all risks arising out of any materials obtained from API Gateway; you shall be liable for all responsibilities for PC damage or data loss arising out of use of the Services;</strong></p>
<p><strong>7.2 Where you go against any national or local laws and regulations or violate this Agreement, we retain the right to suspend or terminate part or all of the services provided to you.</strong></p>
<p><strong>7.3 You agree and authorize Ping An Tech that where you commit a fraud, publish or sell fake products, infringe upon legal rights and interests of other people or violate rules of Ping An Cloud, Ping An Cloud has the right to disclose the above actions on Ping An Tech's website. Your account at Ping An Cloud may be canceled so that you will not be able to log on to any website of Ping An Tech, and you will not be able to have access to all website services.</strong></p>
<p><strong>7.4 When you use the Services, the prompts on trading operations in this Agreement and on the website or the messages we send to your mobile phone (like SMS or phone calls) are relevant rules for you to use the Services. By using the Services indicates that you agree to accept our relevant rules. You understand and agree that Ping An Tech has the right to revise relevant rules for the Services unilaterally, without requiring your approval. The Service rules shall be subject to the prompts on the website when you use the services (or the SMS or phone calls sent to your mobile phone). Your acceptance and adherence to the rules are a prerequisite for using the Services.</strong></p>
<p>7.5 Ping An Tech may notify you of the service progress or reminders you of the next-step operations via emails (or SMS or phone calls sent to your mobile phone), but it does not guarantee that you are able to receive or promptly receive this email (or SMS or phone calls sent to your mobile phone), or bear any consequence arising therefrom. Therefore, you shall log on to this website in a timely manner to check and conduct trading operations in the duration of services. Ping An Tech takes no responsibility for any dispute or loss arising from your failure to promptly check and revise or confirm the service status, or failing to submit relevant applications.</p>
<p>7.6 You shall be liable for all consequences such as wrong contact information given to Ping An Tech as well as poor email security and stability related to receipt of Ping An Tech's emails, including but not limited to all consequences and losses due to your failure to timely receive Ping An Tech's notifications.</p>
<p>7.7 System interrupts or failures</p>
<p>Ping An Tech shall not be liable for any damages if you can't have access to any internet service caused by the following conditions:</p>
<p>7.7.1 System downtime for the purpose of maintenance.</p>
<p>7.7.2 Data transmission failure due to telecommunication device failure.</p>
<p>7.7.3 System failure and execution failure due to force majeure such as typhoons, earthquakes, tsunamis, floods, power outages, wars, and terrorist attacks.</p>
<p>7.7.4 Service suspension or delay due to hacking, technical adjustment or malfunction, website upgrades, and bank problems.</p>
<p>7.7.5 Other errors not attributed to Ping An Tech, or other cases not controlled or reasonably predicted by Ping An Tech.</p>
<p>7.8 Partners of the Services shall be liable for the quality and contents of the Services.</p>
<p>7.9 If laws and regulations permit, Ping An Tech shall not be liable for any indirect, exemplary, special, or consequential losses (including business loss, revenue loss, loss of profit, data loss or loss of benefits) however caused and on any theory of liability, whether in contract or tort (including breach of warranty) arising in any way out of the use of the Service, even if advised of the possibility of such damage. In addition, if the exclusive remedies under the Agreement are unable to meet the target, Ping An Tech shall be not reliable for the abovementioned losses.</p>
<p><strong>7.10 Considering uniqueness of web services, you agree that Ping An Tech may alter, suspend or terminate part or all of the services with good reasons, without bearing any responsibility for you. However, Ping An Tech will try its best to keep you notified in advance to help you with data backup and transfer as well as business adjustment so as to protect your legal rights and interests.</strong></p>
<p>7.11 In order to improve services, Ping An Tech has the right to regularly or irregularly inspect, maintain, and upgrade the platform or devices related to the Services, and it shall not bear any responsibilities for service suspension therefrom.</p>
<p>7.12 You understand and agree that the API Gateway services are subject to current technical levels and conditions. Ping An Tech will try its best to provide you with services and ensure continuity and security; however Ping An Tech neither guarantee the services are free of defects nor predict and prevent legal, technical and other risks at any time, including but not limited to service suspension, data leakage or theft, and other losses and risks arising out of force majeure, viruses, Trojans, hacking, system instability, third-party service defects, or government actions. <strong>In this regard you agree that even the API Gateway services are flawed, which is not avoidable based on the then technical levels, and will not be regarded as a breach of agreement by Ping An Tech; meanwhile Ping An Tech will be exempted from data loss and other losses therefrom.</strong></p>
<p>7.13 You understand and agree that the Services may be suspended due to force majeure. On occurrence of such condition, Ping An Tech will endeavor to be cooperative in fixing such problems, but it will be exempted from any losses therefrom.</p>
<p>7.14 You understand and agree that: Ping An Tech will not be liable for any losses arising out of installment of pirated software, system and data when you use the API Gateway services. Ping An Tech has the right to request you to undertake any losses incurred to Ping An Tech.</p>
<p>7.15 In no event shall any party is liable for any indirect, occasional, special damages and losses, including but not limited to loss of profits and performance of the responsibility of paying for the third party (even if advised of the possibility of such damage).</p>
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<p><strong>8. Intellectual property rights</strong></p>
<p>8.1 The trade marks, copyrights or other intellectual property rights exclusively possessed by both parties shall be exclusively in their possession, and shall not be shared by both parties due to conclusion or fulfillment of the Agreement.</p>
<p>8.2 All products, technologies and apps related to the API Gateway are the intellectual property rights of Ping An Tech, and are not allowed to be used without permit of Ping An Tech, including but not limited to reproduction, spread, display, mirroring, uploading and downloading in illegal manners. Otherwise, Ping An Tech reserves the right to hold the infringer liable.</p>
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<p><strong>9. Notification and delivery</strong></p>
<p>9.1 You need to ensure and maintain validity of the data. If you are unable to obtain business notifications, customer services, complaint handling, dispute settlement, and technical support because of false and invalid data, you shall bear corresponding responsibilities therefrom.</p>
<p>9.2 You should send notices to Ping An Tech according to the contact information published at Ping An Cloud, unless otherwise specified by both parties.</p>
<p>9.3 Ping An Tech may send business notifications, service prompts, verification messages, and marketing advertisements by one of or more than one of the following ways: website announcements, emails, short messages, private messages, and instant messages.</p>
<p>9.4 Each party shall ensure true and valid contact information. The notice sent out on the date of delivery shall be deemed to have been delivered.</p>
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<p><strong>10. Term</strong></p>
<p>10.1 The cooperation period starts from the date on which you agree to accept the Agreement to the date on which you confirm the last day of the year. For example, from June 1, 2017 to December 31, 2017. The cooperation will be automatically extended for one year if no party applies for renewal upon expiry of the cooperation, and the number of extension is unlimited.</p>
<p>10.2 If the cooperation period conflicts with the service period, the cooperation period will be automatically extended to the expiry date of the service period. Unless otherwise specified by both parties, the Agreement continues to be effective during the service period.</p>
<p>10.3 Prior to expiry of the cooperation period, the Agreement will automatically terminate if no party applies for renewal of the Agreement, the Agreement shall terminate automatically upon expiry of the cooperation.</p>
<p>10.4 Expiry or termination of the Agreement shall not affect the rights and obligations upon or before expiry of the Agreement.</p>
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<p><strong>11. Miscellaneous</strong></p>
<p>11.1 The Agreement takes effect immediately on the date of announcement. Ping An Tech has the right to revise the Agreement at any time, and revisions will be published at Ping An Cloud. If you disagree with Ping An Tech on relevant revisions, you have the right to stop using the services. Your continuous use of the services will be regarded acceptance of such revisions by Ping An Tech.</p>
<p>11.2 Ping An Tech reserves the right to processing and final interpretation of the special offers, including but not limited to invitation codes, vouchers, and virtual money.</p>
<p>11.3 Under the Agreement, Ping An Tech may send notices via website announcements, private messages, emails, short messages or other methods. The notices sent out on the date of delivery shall be deemed to have been delivered.</p>
<p>11.4 The Agreement is signed at Futian, Shenzhen, Guangdong.</p>
<p><strong>11.5 This Agreement shall be governed by the laws of the People's Republic of China and China's courts for the conclusion, performance, integration, and dispute settlement of the Agreement. Where any dispute over this Agreement or performance of the Agreement arises, both parties shall resolve it through friendly consultation; in the event no resolution can be reached, any party may refer the dispute to Shenzhen Arbitration Commission for arbitration in accordance with the arbitration rules prevailing at the time of submission of the dispute.</strong></p>
<p>11.6 This Agreement constitutes an entire agreement between both parties with respect to all agreed matters and other matters. Both parties are not endowed with other rights except those specified under the Agreement.</p>
<p>11.7 In case any clause hereof wholly or partly becomes invalid or does not have enforcement power, other clauses hereof are still valid and binding.</p>
<p>11.8 The Agreement is prepared and interpreted in Chinese. Unless otherwise specified by both parties, translated texts of the Agreement shall not be used for the basis to interpret the Agreement or determine the intentions of both parties.</p>
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