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RESSET/DB(R) TERMS of USER AGREEMENT
This “RESSET/DB User Agreement” (designated as “this agreement” below) is a juridical contract related to the utilization of RESSET/DB product between the user (designated as “you” - either personal or group user) and Beijing RESSET Data Technology, Co. Ltd (designated as “RESSET” below).
The RESSET/DB product in this agreement is a financial database developed and copyrighted by RESSET. The full name is “RESSET Financial Research Database” and is designated below as “the product”. The product comprises related data content, database structure, computer software of RESSET/DB. It includes as well related internet server, website, printed and electronic documents. Signing this agreement or installing, copying, browsing or using the product in any other way implies your acceptance of all the terms in this agreement. If you do not agree with any of the items in this agreement, please do not sign, install or use the product.
1. Conferral of Permission Right
This agreement confers the following rights: installation and utilization of the product. Before the expiration date, you are allowed to install the product on your personal computer, perform data inquiry, data extraction, data analysis, and use related documents. Any other non-authorized installation, utilization, inquiry, display, execution and transfer are considered tortious acts.
2. Copyright Statement
RESSET and its original authorizers have the legal copyright related to the product and are protected by the “People’s Republic of China’s Copyright Law”. The product’s related copyright, patent right, trademark, commercial secrets and any other ownerships or rights are possessed by RESSET or its original authorizers. Unless otherwise explicitly announcement, nothing contained in this Agreement shall be construed as a party transferring its holdings of copyright, patents, secrets, trademarks, or any other intellectual property rights to another.
Except the case that this agreement has other regulations, without written authorization from the copyright possessor, the users are explicitly forbidden to any of the following (whether paid or free):
♦ Copying, duplicating, distributing and online displaying the product’s data, codes, manual and fragmentary or complete version of other multimedia.
♦ Publicly displaying or playing fragmentary or complete version of the product.
♦ Renting the product to a third party.
♦ Modifying the product in any way, including restoring, translating and editing its codes, data and database structure.
♦ Modifying or omitting the name, logo, copyright information, etc. of the product’s codes, package and manual content, etc.
♦ Using the present product for commercial purpose.
♦Other actions that are considered violation of the copyright, software protection and related regulations.
The authorization contract is subject to immediate suspension in the case of violating the previous items, and a legal pursuit may be taken.
3. Basic Obligations of Users
Users are responsible of equipping all computer and network equipments required by the product as well as all the resulting expenses.
If you use data from the product in your research and papers, you are obliged to note as follows: “Data source: RESSET (www.resset.cn)”.
4. ser Account responsibility
When you apply using this product, you must provide the true accurate personal or unit information. Any change should be updated promptly.
You shall keep your account and password, and may not be transferred, leased, lent or licensed to any third party. Your password shall be adopted by industry safety standards.
If your account or password is forgotten, lost or stolen, you shall notify RESSET immediately. You can reset or replace them by RESSET procedure. RESSET expressly disclaim any responsibility to your account or password unless it is in RESSET procedure.
5. Service Change
In responding to customer demand, product update, technical reformation or any other reasons, RESSET shall check, maintain or update the platform or related devices periodly or aperiodicaly. In those temporarily out of service, RESSET appreciate your kindly understanding. RESSET promise to notify the service interruption in advanced, but expressly disclaims any responsibility or liability for any inconvenience or any lose.
Due to the particularity and unpredictable of network service, you agree RESSET can be at any time for any reason to change, such as to remove part of functions or reduce service standards, interrupt or terminate the service or any part of service thereof.
In any termination for any reason, your rights to RESSET/DB are terminated.
If RESSET cancels the user’s qualification or limits his/her right, no reparation is allowed.
RESSET does not provide any explicit or implicit guarantee for the product. RESSET does not guarantee the service must needs satisfy the user’s demands, nor for any cases of interruption. RESSET provides no guarantee on the service’s availability, security, occurrence of errors, and possible loss for users.
6. Privacy Protection
Protecting users’ privacy is a fundamental policy of RESSET. RESSET guarantees the non-disclosure of user data to the public or a third party. Exceptions are listed below:
♦ Explicit authorization from user beforehand;
♦ According to juridical demands;
♦ According to related governmental authorities’ demands;
♦ In order to protect the general public’s interests;
♦ In order to protect RESSET’s legal interests;
While non-disclosure of a single user’s data is guaranteed, RESSET possesses the right to perform technical analysis on the ensemble of users and keep the analyzed and sorted user data for generalizing applications.
7. RESSET’s Right for Modification, Cancellation and Explanation
RESSET has the right to explain or modify this agreement’s related content and users are required to accept and support. If users do not agree with the agreement and modification whensoever, users can cancel the services provided by RESSET.
The non-effectiveness of any of the items whether partially or completely does not influence the validity of the others.
Users are required to follow this agreement and other related juridical commandment rules. RESSET has the final decision right concerning whether the terms of utilization are violated. If RESSET determine the user’s violation of any terms of utilization or juridical decisions, the user accepts RESSET being able to terminate the user’s utilization rights at any time.
8. Loss Indemnity
If a user’s violation of the terms of utilization or related juridical regulations causes losses and fees (include but are not limited to a retaining fee because of civil/penal cases or administrative procedures) to RESSET or related companies, employees, trustees, proxies, and/or other related parties assisting the performance, the user is responsible for the loss indemnity.
9. Juridical Applicability and Dispute Resolution
This agreement is subject to jurisdiction of the laws of People’s Republic of China. The product is protected by copyright law, international copyright treaty and other intellectual property laws and treaties. The product can be used only within the given range and expiration date. The sale of its source code and any other related intellectual property right is prohibited.
The explanation, applicability, and dispute resolution of this service clause are conform to the jurisdiction of the People’s Republic of China. If disputes upon the content or execution of this agreement exist between parties, resolution upon friendly negotiation is preferred. In the case of failure, any dispute related to this agreement is to be judged by the local court of the place where RESSET is situated.