User Agreement #
These terms and conditions (hereinafter referred to as “Terms”) apply to all users who use the products (see the following definitions) provided by “Beijing SphereEX Software Technology Co., Ltd.” (hereinafter referred to as “SphereEX”).
Please read the following terms carefully:
If you (hereinafter referred to as “you” or “user”) or you use any product on behalf of a company or other organization or organization, you hereby represent that you, or as an employee or agent of the company or other organization, agree to And has the right to agree to accept all the terms and conditions required under the terms on behalf of the company or such other institutions (hereinafter collectively referred to as “the terms of this agreement”).
By using any product, you acknowledge and agree that:
(A) You have read all the terms and conditions of this Agreement;
(B) You have understood all the terms and conditions of this Agreement;
(C) You have agreed that all terms and conditions in this agreement are legally binding on you.
If you do not agree to any of the terms and conditions stated in this agreement, you cannot obtain the right to install and use the product.
The “Effective Date” of this Agreement refers to the date on which you first download or otherwise obtain any Product.
Products refer to any products and software of SIFE under this agreement, including but not limited to: SphereEx-DBPlusEngine, SphereEx-Console, SphereEx-Boot and other trial software, any software or related upgrades, updates, and fault repairs or modified versions (collectively, the “Update Software”). Regardless of the provisions of this Agreement, (1) The user shall not copy or use any copy of the additional update software, unless the user has a valid license for the original software and has paid for the update software or the software when using or obtaining the update software. (2) The use of updated software is a licensed resource, that is, the user who is the provider of such resources is the original end purchaser or other users who hold a valid license to use the product being updated; (3 ) making and using additional copies only for necessary backup purposes.
The entire agreement, this agreement includes these terms and any Sphere-ex official website (http://www.sphere-ex.com) displayed or attached to the web link or all terms cited. This agreement is a complete agreement reached by both parties on related matters, superseding any other agreements reached between SphereEX and the user on matters related to this clause, whether oral or written.
Use license, SphereEX grants the user a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the products defined in Article 1, which is limited to the user Internal Use Purposes. Users who obtain products by electronic download or other unauthorized sources shall be limited by the content of this agreement.
License restrictions, unless otherwise expressly provided in this agreement, the user will not be allowed to:
(a) modify, translate or create derivative works of the Products;
(b) Decompile, reverse engineer, decipher any part of the product or attempt to discover any source code, basic idea or operation method of the product;
(c) sell, assign, sublicense, lease, lend, pledge, provide or otherwise translate all or part of the Products;
(d) manufacture, acquire unlawfully manufactured, republished or duplicated products;
(e) remove or alter any trademark, logo, copyright or other proprietary designation associated with the Products;
(f) Do not use or permit others to use the product to provide services to third parties without the express written authorization of Si Fei, whether it is used in the process of product service or in a time-sharing manner;
(g) Delete any copyright notices or hints and any other information and content in this product;
(h) Use this product to store, publish, and disseminate content that violates national laws, regulations, and national policies;
(i) Use this product to store, publish, and disseminate content that infringes on the legal rights of others such as intellectual property rights and trade secrets;
(j) conduct acts that endanger computer network security;
(k) Cause or permit any other party to do any of the above prohibited acts.
Ownership, this product is developed by SphereEX or SphereEX obtains the license from the software owner. The licenses of SphereEX and users under this agreement need to be clear, and SphereEX owns all the rights, ownership and related interests of the following items:
(a) Products (including, without limitation, any software updates, revisions or derivative works thereof);
(b) All concepts, inventions, discoveries, improvements, information, creative works, etc. that are discovered, produced or developed by CFL in the process of providing any service under this Agreement or as a result of its provision of services;
(c) Any intellectual property rights contained in the foregoing items and all information content related to the company’s products. For purposes of this Agreement, “Intellectual Property Rights” means all patents, copyrights, moral rights, trademarks, trade secrets and any other form of rights recognized and protected by application and registration in any jurisdiction. SphereEX and the user agree that, subject to all the terms and conditions of this agreement, the user has the rights, ownership and other relevant interests of the data generated by using the product. There is no implied license in this agreement, and SphereEX reserves all rights not expressly authorized under this agreement. Unless expressly stipulated in this agreement, SphereEX does not grant any license rights to the user under this agreement, whether by implication, tacit consent or otherwise.
Confidentiality. Confidential information refers to all information (whether oral, written, or other tangible) disclosed to the user by SphereEX to the user before or after this agreement becomes effective. , intangible form), and in view of the relevant facts and actual conditions when such information is disclosed to the client, the client knows or should know that such information is the confidential information of Si Fei. Confidential information includes, but is not limited to, the contents of business plans, products, inventions, blueprints, financial plans, computer programs, user information, strategies and other similar information. During the term of this agreement, unless expressly permitted, the user shall keep the confidential information confidential and ensure that the above confidential information will not be used. Users will use the same degree of care as they use to protect their own confidential information (no less than a reasonable degree of care in any case) to protect the confidential information of SphereEX, so as to avoid unauthorized use and disclosure of confidential information . Confidential information is only used by the user for the purpose of using the product in accordance with this agreement. Additionally, users will:
(a) Except for the purpose of using the product in accordance with the provisions of this agreement, the user shall not reproduce the confidential information in any form;
(b) Disclose Confidential Information only to those employees and consultants who need to know such Confidential Information to ensure that Users can use the Products under this Agreement, provided that such employees and consultants have signed a non-disclosure agreement containing confidentiality obligations no less than those described in this article . Confidential information does not include the following information:
(i) Violation of this agreement due to no fault of the user has entered the public domain;
(ii) The user can reasonably prove that he has known it before obtaining it through SphereEX;
(iii) The user can prove that the confidential information was obtained independently without using or referring to it;
(iv) Obtained by the user from other third parties without disclosure restrictions or confidentiality obligations. Unless otherwise stated, any suggestions, comments or other feedback (collectively referred to as “feedback information”) provided by the user to the product will constitute confidential information. In addition, SphereEX has the right to use, disclose, reproduce, license and exploit the above feedback information without any intellectual property burden or any other form of obligation or restriction. According to the relevant laws, in the circumstances related to the performance of this agreement and the use of SphereEX products by users:
(i) SphereEX agrees not to ask users to provide any personally identifiable information;
(ii) The user agrees not to provide any personally identifiable information to SphereEX.
Disclaimer, user representations, warranties and undertakings as follows:
(a) all of its employees and consultants will abide by the entire terms of this Agreement;
(b) When performing this Agreement, all applicable laws, regulations, rules, orders and other requirements issued by all applicable government departments (whether they are currently in force or will come into force later) will be complied with. Notwithstanding any provision of this Agreement, User will continue to be liable for all acts or omissions of its employees or consultants as if such acts or omissions were its own. Products are provided to the user on an “as is” or “as is” basis, without representations, warranties, promises or conditions of any kind. SILVER AND ITS SUPPLIERS DO NOT WARRANT THAT ANY PRODUCT WILL BE FREE OF FAULT, ERROR OR BUGGLE. SphereEx and its suppliers do not provide any representations and warranties (whether express or implied, oral or written) for the following content of the product, regardless of whether the content is required by law, industry practice, trading practice or other reasons:
(I) warranties of merchantability;
(II) Warranty is applicable for any purpose (whether or not CSF knows, should know, is advised or otherwise knows the purpose);
(III) Warranty of Non-Infringement and Full Title. The user has clearly acknowledged and agreed that there are no representations and warranties on the product. In addition, in view of the continuous development of new technologies for intrusions and network attacks, SphereEx does not guarantee that the product or the system or network used by the product will be free from any intrusion or attack. SphereEx only guarantees that it has the right to grant the software license agreed in this contract, and does not guarantee that the product does not infringe the intellectual property rights of a third party, nor is it obligated to compensate the user for infringement claims or resulting expenses.
For damages, the user shall indemnify, defend or hold CFL and its directors, officers, employees, suppliers, consultants, contractors and agents (collectively referred to as “CFL Insured Parties”) harmless from all existing or potential Claims for damages, payment of fees, fines, mediation, loss expenses and other expenses (including but not limited to reasonable attorney fees, fees, fines, interest and advance payment), the premise that the user assumes the above responsibilities is that the request, lawsuit or other procedure, whether successful or not, is caused by, caused by, or in any way related to the following circumstances:
(a) Any violation of this agreement (including but not limited to, any violation of user representations and warranties or agreements);
(b) negligent or willful misconduct by the User; or
(c) The data and information at issue are generated or collected during the use of the product.
Limitation of Liability, except for the fraud or willful negligence of CSF in any event:
(A) SphereEx will not compensate the user or any third party for any profit loss, data loss, use loss, income loss, and goodwill loss suffered by this agreement or the product (including the user’s use or inability to use the product) , any interruption of business operations, any other commercial damage or loss, or any indirect, special, incidental, exemplary, punitive or consequential damages, whether arising in contract, tort, strict liability or otherwise Confirmed, even if SphereEx has been notified or knows the possibility of the above losses through other possible channels;
(B) The total compensation liability of Caffey due to this agreement shall not exceed the total amount paid or to be paid to Caffeine (if any). Multiple requests are also limited to this amount. The foregoing limitations, exclusions and disclaimers shall apply to the fullest extent permitted by applicable law, even if any remedy fails of its essential purpose.
Third Party Suppliers, Products may include software or other code licensed from Third Party Suppliers (“Third Party Software”). The user acknowledges that the third-party supplier does not provide any representations and warranties for the product or any part thereof, and shall not assume any responsibility for the product or the user’s use or inability to use the third-party software.
Diagnostics and reports, the user understands and agrees that this product includes diagnostic functions as its default configuration. The diagnosis function is used to collect configuration files, node numbers, software versions, log files and other information about the use environment and product use process, and report the above information to CSF for early identification of potential support problems and understanding of user usage environment, and improve product performance. While the user may choose to change the diagnostics to disable automatic scheduled reporting or to report service records only, the user agrees to run the diagnostics at least quarterly and report the results to Caffe.
Termination, the term of this agreement starts from the effective date, if the user violates the terms of this agreement, it will be terminated. Regardless of the provisions of this agreement, when the user violates Article 3, 4 or 6, or the user publishes illegal information, seriously violates social morality, or violates other legal prohibitions, SphereEx has the right to immediately terminate this agreement. protocol. Upon expiration or early termination of this Agreement:
(a) All rights granted to the user under this agreement will be terminated immediately, in which case the user should stop using the product immediately;
(b) The user will promptly provide all confidential information (including but not limited to products) that are still in its possession to SphereEx in a timely manner, or destroy all copies of such confidential information according to SphereEx’s prudent decision and instructions. Notwithstanding any other provisions of this Agreement, this section and the following shall survive the expiration or termination of this Agreement: Sections 4, 6, 7, 8, 9, 10, 12, 14, 16 and 17.
Beta version software, when the user uses the product to download and install any public beta version software provided by SphereEx, the test version software shall be subject to the Apache 2.0 license or other terms and conditions applicable to the public beta version license.
Third-party resources, the products provided by Caffe may include hyperlinks to other websites, content or resources (hereinafter referred to as “third-party resources”), and the normal use of such products by Caffe may depend on the availability of third-party resources . SphereEx has no control over any third-party resources. The user acknowledges and agrees that Caffe is not responsible for the availability of third-party resources and does not guarantee any advertising, products or other materials involved in or obtained from such third-party resources. The user acknowledges and agrees that SphereEx shall not be subject to any possible damages due to the availability of third-party resources, or the completeness, accuracy and existence of any advertisements, products or other materials that users rely on or obtain from third-party resources. no liability for loss or damage.
Version upgrades. Whether this product will provide an upgraded version in the future will be decided by Si Fei. If this product is upgraded with the consent of CIFEL, unless there is an alternative user license agreement for the upgraded version, this agreement will still apply to the upgraded version. If the software is marked as an upgraded version, the user must abide by this agreement. Even if SphereEx allows users to upgrade the version by researching and modifying the code under special circumstances, the ownership of the upgraded version and related intellectual property rights also belong to SphereEx.
Network security and privacy protection, based on the basic principle of protecting users’ personal information, SFIL will take reasonable measures to protect users’ personal information. Except for the circumstances stipulated by laws and regulations, SphereEx will not disclose or disclose the user’s personal information to third parties without the user’s permission. SphereEx adopts professional encrypted storage and transmission methods for relevant information to ensure the security of users’ personal information. SphereEx will use various security technologies and procedures to establish a sound management system to protect your personal information from unauthorized access, use or disclosure. Without the consent of the user, SphereEx will not disclose the user’s personal information to any company, organization or individual other than SphereEx, except in the following cases:
(a) The user or the user’s guardian authorizes SphereEx to disclose;
(b) relevant laws require SphereEx to disclose;
(c) The judiciary or administrative agency requires SphereEx to provide it based on legal procedures;
(d) When SphereEx initiates a lawsuit or arbitration against Party B in order to protect its legitimate rights and interests;
(e) When providing the user’s personally identifiable information at the legal request of the user’s guardian.
- Others, the entire content of this agreement shall be performed within the territory of the People’s Republic of China, and shall be governed by and interpreted in accordance with the laws of the People’s Republic of China (but the relevant legal provisions on conflict of laws shall not apply). The user and SphereEx agree that any disputes related to this agreement will be brought to the Beijing Chaoyang District Court, and irrevocably and unconditionally agree that the above-mentioned court has exclusive jurisdiction over all lawsuits and disputes arising from this agreement. Once it is determined that any provision is invalid, illegal or unenforceable, Caffe reserves the right to modify and interpret the provision. Any notice that needs to be sent to the user is deemed to have been effectively and legally sent to the user if it is published on the website of SphereEx. Except for the obligation to pay under this contract, neither party will be responsible for any failure to perform or delay in performance of this agreement in whole or in part that is beyond its reasonable control due to force majeure, including but not limited to fire, storm, flood , Earthquake, Civil Disturbance, Telecommunications Outage, Power Outage or Interruption of Other Infrastructures, Problems with Service Providers Used by Si Fei, Service Interruption or Termination, Strikes, Vandalism Events, Cable Cutting, Virus Invasion or Any Other Deliberate Third Party or other similar events caused by unlawful acts. When the above-mentioned delayed performance occurs, the time for delaying the performance of the agreement is the delay time caused by the above-mentioned reasons. Except as otherwise expressly provided in this agreement, all notices or communications required or approved by this agreement must be in writing signed or authorized by an authorized representative of one party and sent by direct delivery, overnight courier, confirmed e-mail, confirmed fax Or send registered mail, registered mail to keep the receipt, and deliver to the following address or other addresses provided in this article by prepaid express delivery. Any amendments, supplements or deletions to this agreement or waiver of rights must be in writing signed by duly authorized representatives of both parties to be effective. The failure or delay in performance (in part or in whole) of any right or remedy by either party shall not constitute a waiver of such right or remedy, nor shall it affect any other right or remedy. All claims and remedies under this Agreement are cumulative and not exclusive of any other rights or remedies contained in this Agreement or provided by law. Waiver of any breach of this Agreement or delay in exercising any right shall not constitute a waiver of any subsequent breach.