Esurfing Software License Agreement
Important Notice: China Telecom Corporation Limited (Hereinafter referred to as China Telecom) particularly reminds the subscriber to carefully read all the terms of this "Esurfing Software License Agreement"(Hereinafter referred to as Agreement), including but not be limited to instructions for client subscribers, legal liability and exemption etc. The subscriber's installation action is deemed to accept terms of this Agreement.
The Agreement is the agreement concluded between the subscriber and China Telecom for subscribers' downloading, installation, use and replication of "Esurfing" software (Hereinafter referred to as Software). The Agreement appoints rights and obligations in licensed usage and other related aspects of the "Software". "The subscriber" in the Agreement refers to the natural person, corporation and other organizations who gain the authorized usage license of "Software" and/or the "Software" product through the approach to "Software" authorization provided by China Telecom.
(1) Intellectual Property Rights
1.1 The "Software" is developed by China Telecom. The copyright of the "Software" and all the information content related to the "Software", including but not limited to literal representation and combination, icon, decorative pattern, chart, colors, interface design, layout framework, related data, printing materials or electronic documents etc. are protected by copyright law and international copyright treaties, as well as other intellectual property protection laws and regulations, China Telecom owns the above intellectual property rights.
(2) "Software" Authorization Scope:
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2.1 All the other rights not expressly authorized remain to be owned by China Telecom. The subscriber must obtain China Telecom's written approval when using these rights.
2.2 The subscriber should sign a service agreement with China Telecom when they use the "Software" to use the application service provided by China Telecom.
2.3 China Telecom permits the subscribers to download, install, use, reveal, and operate this "Software" on the computer. This permission is limited, non-transferable, non- exclusive.
(3) Instructions for Client Subscribe
3.1 When they register to use the service provided by the "Software", the subscriber should guarantee the information offered is true and accurate. The subscriber is liable for the safekeeping of their user name, passwords and personal information and take full responsibility for all the behavior and events in their account.
3.2 The subscriber, subject to law, regulation, policy and the Agreement, could use the "Software" in accord with the Agreement. The subscriber has no rights to implement the following acts, including but not be limited to:
3.2.1 Deleting all the information and contents related to the copyright in the "Software";
3.2.2 Reverse-engineering, reverse-assembling and reverse-compiling the "Software";
3.2.3 Permit others to use the "Software", or use the "Software" for the purpose prohibited by China Telecom (such as commercial purposes, etc)
3.2.4 By using the information content related to the images, words of the "Software", without the prior written consent of China telecom, performing the following activities, including but not limited to use, copy, revise, link to, cite, compile, issue, publish, build mirror websites or to develop related derivative products, works or services by using the "Software".
3.2.5 By using the Software, to publish, deliver, transmit or store any content that contravenes national laws and regulations.
3.2.6 By using the Software, to publish, deliver, transmit or store content that infringes other's intellectual property rights or trade secrets.
3.2.7 To take any actions to threaten the security of the network, including but not limited to, use data or enter server/account without permission; enter public networks or private computer and delete, copy, amend or add stored information without permission; without permission, attempt to detect, scan or test the weakness of the Software system or the network or attempt to conduct any other activities to damage the network security system; attempt to intervene with, affect the normal operation of, the Software or the network; intentionally spread malicious programs or viruses, and take other actions to damage or intervene with the normal information service of the network; forge part or all of the titles of TCP/IP packets.
3.3 The subscriber should take full responsibility for all the liabilities arising from their illegal activities or breach of the Agreement.. China Telecom has nothing to do with all these responsibilities above. If any loss is caused to China Telecom, China Telecom has the right to require the subscriber to compensate and shall be entitled to an immediate halt to provision of services. The expenses that the subscriber has already paid will be refused to return.
3.4 As most other internet softwares, the "Software" may be harassed by various kinds of security problems. For instance, others gain access to the subscriber's information and cause harassment in real-life. In other cases, other downloaded and installed softwares contain virus such as "Trojan Horse" so as to threaten the security of subscriber's computer information and data and in turn affect normal use of the "Software". The subscriber should strengthen the awareness of information security and subscriber's information resources protection and enhance the protection of their passwords so as not to incur losses and harassment.
3.5 Any other software deriving from the "Software" but not developed or authorized by China Telecom is illegal. The downloading, installation and use of this kind of software may lead to unpredictable risk and recommend the subscriber not to download, install and use it lightly. China Telecom has nothing to do with all these resulting losses, damages and legal liability and disputes.
3.6 subscriber's information resources
3.6.1 China Telecom will take proper measures to protect the subscriber's information resources. Except for the regulation, law and government request, China Telecom will not publish and disclose the subscriber's information resources to any third party without permission of the subscriber. But if the subscriber agrees to authorize China Telecom to publish and disclose his information resources when registering, China Telecom will publish and disclose the subscriber's information resources according to 3.6.2 of the Agreement. And the case is excluded that subscriber and China Telecom have agreed on the publicity or usage of subscriber's information resources otherwise. At the same time, the subscriber should bear any possible risk; China Telecom is not responsible for this.
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3.6.2 Generally speaking, China Telecom need to use, publish and disclose the subscriber's information resources based on the following reasons: (1) Carry out "Software" validation service; (2) Carry out the "Software" upgrade service; (3) Improve the subscriber's safety and provide customer support;(4)China Telecom or its partners need to provide the subscriber's information to related third party as the subscriber uses the specific function of "Software" or as the subscriber requests China Telecom to provide particular service;(5)Other reasons in favor of the interests of subscribers and China Telecom.
3.6.3 The " Subscribers Consent" in the Agreement may takes the following forms:(1)Accept the Agreement and the service terms issued by China Telecom;(2)Oral or written expression made by the subscriber through methods of e-mail, telephone, fax and instant message;(3)" Tacit Consent " clause is involved in the Agreement and no objection is put forward by the subscriber;(4)Other methods admitted by China Telecom and the subscriber.
3.6.4 China Telecom reserves the right of disclosing any information at any time