| The following are terms
of a legal agreement between you and the Beyondsoft by
visiting, browsing, accessing and other use of Beyondsoft
web site (hereinafter referred to as the “Site”), you
acknowledge that you have read, understood, and agree,
to be bound by these terms and to comply with all applicable
laws and regulations. If you do not accept these terms,
please do not use this Site.
This Site may contain other proprietary notices and
copyright information, the terms of which must be observed
and followed. Information on this Site may contain technical
inaccuracies or typographical errors.
Beyondsoft assumes no responsibility regarding the
accuracy of the information that is provided by Beyondsoft
and use of such information is at the recipient's own
risk. Beyondsoft provides no assurances that any reported
problems may be resolved with the use of any information
that Beyondsoft provides. By furnishing information,
Beyondsoft does not grant any licenses to any copyrights,
patents or any other intellectual property rights.
Beyondsoft does not want to receive confidential or
proprietary information from you through our Web site
unless otherwise expressly agreed by Beyondsoft in a
written notice. Please note that any information or
material sent to Beyondsoft will be deemed NOT to be
confidential. By sending Beyondsoft any information
or data, you grant Beyondsoft an unrestricted, irrevocable
license to use, reproduce, display, perform, modify,
transmit and distribute those materials or data, and
you also agree that Beyondsoft is free to use any ideas,
know-how or technique that you send us for any purpose.
Information on this Site may be changed or updated
without notice. Beyondsoft may also make improvements
and/or changes in the service described in this information
at any time without notice.
Areas of the Site may have different terms of use posted.
If there is a conflict between the preceding Terms of
Use and terms of use posted for a specific area of the
Site, the latter shall have precedence with respect
to your use of that area of the Site.
1. Use of Web Site Information
You may download, view, copy and print documents and
graphics incorporated in these documents (the "Documents")
from the Site subject to the following: (a) the Documents
may be used solely for personal, informational, non-commercial
purposes; and (b) the Documents may not be modified
or altered in any way. Except where your use constitutes
"fair use" under copyright law, you may not
otherwise use, download, upload, copy, print, display,
perform, reproduce, publish, license, post, transmit
or distribute any information from this Site in whole
or in part without the express authorization of Beyondsoft.
2. Use of Software
Any use of software and accompanying documentation you
download from the Site is subject to the terms of a
software license agreement between you and Beyondsoft.
You must peruse the license agreement and indicate your
agreement to its terms before installing or using the
software. All rights, title and interest not expressly
granted are reserved.
3. Use of Forums and Public Communication
"Forum" means a discussion group, chat area,
bulletin board, news group, letter to Beyondsoft, its
webmaster or employees, or e-mail function offered as
part of the Site. You agree not to upload, email, post,
publish or otherwise transmit through a Forum any content
that: (a) is false or misleading; (b) is defamatory;
(c) is harassing or invades another's privacy, or promotes
bigotry, racism, hatred or harm against any group or
individual; (d) is obscene; (e) infringes another's
rights, including but not limited to intellectual property
rights; (f) constitutes unsolicited bulk e-mail, "junk
mail," "spam" or chain letters; or (g)
violates any applicable laws or regulations.
Forums shall be used in a noncommercial manner only.
You shall not distribute or otherwise publish any content
containing a solicitation of funds, promotion, advertising,
solicitation for goods or services, or other commercial
matter. You agree not to solicit other users of the
Site to use or join or become members of any commercial
online or offline service or other organization. Except
where expressly authorized by Beyondsoft, you agree
not to collect or store personal data about other users.
By uploading, emailing, posting, publishing or otherwise
transmitting content to any Forum or submitting any
content to Beyondsoft, you automatically grant (or warrant
that the owner of such rights has expressly granted)
Beyondsoft a perpetual, royalty-free, irrevocable, nonexclusive
right and license to use, reproduce, modify, adapt,
publish, transmit and distribute such content on in
any form, medium, or technology now known or later developed.
In addition, you warrant that all so-called moral rights
in the content have been waived.
4. Passwords and Security
You are responsible for maintaining the confidentiality
of any password(s) you are given to access the Site,
and are fully responsible for all activities that occur
under your password(s). You agree to notify Beyondsoft
immediately of any unauthorized use of your password(s).
Beyondsoft is concerned about the security of personal
information we have collected from you and has taken
reasonable measures to prevent unauthorized access to
that information.
5. Third Party Web Sites, Content, Products
and Services
The Site provides sub-links to Web sites and access
to content, products and services from third parties,
including users, advertisers, affiliates and sponsors
of the Site. You agree that Beyondsoft shall not be
responsible for the availability of, and content provided
on, third party Web sites. You should refer to the policies
posted by other Web sites regarding privacy and other
topics before you use them. You agree that Beyondsoft
is not responsible for third party content accessible
through the Site, including opinions, advice, statements
and advertisements, and understand that you bear all
risks associated with the use of such content. If you
choose to purchase any products or services from a third
party, your relationship is directly with the third
party. You agree that Beyondsoft is not responsible
for: (a) the quality of third party products or services;
and (b) fulfilling any of the terms of your agreement
with the seller, including delivery of products or services
and warranty obligations related to purchased products
or services. You agree that Beyondsoft is not responsible
for any loss or damage of any sort you may incur from
dealing with any third party.
6. Termination of Use
You agree that Beyondsoft may, in its sole discretion,
at any time terminate your access to the Site and any
account(s) you may have in connection with the Site.
Access to the Site may be monitored by Beyondsoft.
7. Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE,
AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS
AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS.
BEYONDSOFT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BEYONDSOFT MAKES NO WARRANTY THAT: (A) THE SITE WILL
MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE
ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL
BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS
DONE AT YOUR OWN DISCRETION AND RISK. BEYONDSOFT SHALL
HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
8. Limitation of Liability
IN NO EVENT SHALL BEYONDSOFT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE,
INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION
IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR
USE OF, THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY. ACCORDINGLY, IN SUCH SCENARIO, SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnity
You agree to defend, indemnify and hold harmless Beyondsoft,
its officers, directors, employees and agents from and
against any and all claims, liabilities, damages, losses
or expenses, including reasonable attorneys' fees and
costs, arising out of or in any way connected with your
access to or use of the Site.
10. Note About Children
Minors are not eligible to use the Site, and we request
that they do not submit any personal information to
us.
11. Applicable Laws
All matters relating to your access to, and use of,
the Site shall be in compliance with the China laws.
Any legal action or proceeding relating to your access
to, or use of, the Site shall be instituted in the People’s
Court located in Haidian District, Beijing, PR. China.
You and Beyondsoft agree to submit to the jurisdiction
of, and agree that venue is proper in, these courts
in any such legal action or proceeding.
Beyondsoft is a registered trademark of Beyondsoft Corporation.
Other names appearing on the Site may be trademarks
of their respective owners.
12. Contact Information
If you have any questions regarding these Terms of Use,
please contact Beyondsoft at:
Telephone: 8610-82826100;
Fax: 010-82826101. |