End User License Agreement

Last Updated: November 03, 2023

 

Foreword

To use Sangfor Products and related services, you should carefully read and fully understand all terms of this Agreement, especially those terms exempting or limiting the liability of Sangfor, terms limiting your rights, and terms on dispute resolution and jurisdiction, as well as targeted or specific agreements or rules. The limitation or exemption of liability terms or other terms involving your major rights and interests will be highlighted in bold or underlined for your attention.

The terms of this Agreement shall be applicable to all Users unless otherwise stated. If you obtained the Product from a source within the People's Republic of China  (hereinafter referred to as China, and for the purposes of this Agreement, excluding Hong Kong, Macao, and Taiwan Region, the same below), you are using the domestic version of the aTrust APP, and you, as a Domestic User, shall also be subject to the special terms and conditions of this Agreement for Domestic Users; if you obtained the Product from a source outside of China, you are using the offshore version of the aTrust APP, and you, as an Offshore User, shall also be subject to the special terms and conditions for Offshore Users. If you have any questions about the source or version of the Product, please contact the relevant responsible personnel of the Customer for confirmation.

Please do not use the current Product, unless you have fully read, understood, and agreed to be bound by all terms of this Agreement. By using the current Product after registering an account for or logging in to the Product or directly through other means such as obtaining account permissions, or by accepting this Agreement expressly or impliedly, you acknowledge that you have read and agreed to sign this Agreement.

This Agreement shall constitute a legally binding document between the Parties from the effective date first set forth above, unless otherwise agreed upon by Sangfor and you.

 

Important Definitions

Product: means all forms of solutions provided by Sangfor, including but not limited to software products, hardware products, subscription services, licenses, or other related services, or a combination of the foregoing.

Customer: means a customer that has purchased, or plans to purchase and use, or tries out a Sangfor Product, or any signed distributor that carries out business in collaboration with Sangfor, or any other type of partner, including but not limited to a legal person, government agency, other organization, partnership, or individual business.

Customer Administrator: means an individual appointed by the Customer who is granted the permission to configure and manage all features and services of related Products (hereinafter referred to as the "Administrator"). The Administrator may also assign the permission to manage specific features or services to other individual users based on the management requirements of the Customer.

Authenticated User: means a subject who has obtained an account for or permissions to use a specific Product by registering an account or in any other way permitted by Sangfor and uses the Product features based on the Customer's authorization or instructions or for the purpose of meeting the Customer's requirements. The subject may be an employee or manager of the Customer, or any other person authorized by the Customer.

Non-authenticated User: means a subject who has not registered an account or has only registered an account without completing the identity authentication of the Customer or the binding or association of the identity to the account, and browses only the relevant information of a Product or uses specific Product features within a limited scope.

User: means the Customer, Authenticated User, and Non-authenticated User, which are hereinafter referred to collectively as the "User", "you" or "your", regardless of where the Sangfor server you are connecting to is located.

 

1. General Provisions

1.1 Contracting Parties: This Agreement is made and entered into by and between the User who uses the features of the current Product and related services and Sangfor. Specifically, if you are a Domestic User, you are entering into this Agreement with Sangfor Technologies Inc.; and if you are an Offshore User, you are entering into this Agreement with Sangfor Technologies(Hong Kong) Limited. Sangfor Technologies Inc. and Sangfor Technologies(Hong Kong) Limited will be referred to collectively as Sangfor. You and Sangfor may be hereinafter referred to individually as a "Party", and collectively as the "Parties".

1.2 Legal Operation Warranty: Both Parties warrant that they have obtained legal business qualifications or government approvals in accordance with relevant regulations of the State, and that they have the right to operate their respective products, services, or other business in accordance with the law. Both Parties further warrant that they shall maintain the business qualifications or approvals required by relevant regulations of the State during the term of this Agreement. Sangfor provides various technical products and services to you as agreed upon by the Parties or as authorized by you, but we will not participate in the operation of your business or relevant websites, applications, software, or platforms. You shall independently operate and take full responsibility for your websites, applications, software, platforms, or any other products, services, and related content.

1.3 Application of Laws: Sangfor only undertakes to you that the domestic version of the aTrust APP that we provide to you comply with the laws, regulations, and policies of the People's Republic of China. If you choose to use the current Product or related services outside China, you shall assess whether the Product or related services meet the requirements of local laws, regulations, and policies, especially the licensing or approval requirements for the cross-border data transfer and cross-border networking. In addition, you shall ensure that the business or non-business activities you carry out, relevant qualifications or licenses you have obtained, and your use of the Product comply with the requirements of local laws, regulations, and policies.

1.4 Content and Effect of the Agreement

1.4.1 The content of this Agreement includes the text of this Agreement and all privacy policies, other relevant policies, rules, statements, notices, warnings, tips, and instructions that we have issued or may issue in the future (hereinafter referred to as the "Rules"). The above Rules are an integral part of this Agreement, and shall have the same legal effect as this Agreement.

1.4.2 If any part of this Agreement becomes invalid or unenforceable for any reason whatsoever, it shall not affect the legal effect of the remaining parts hereof. In the event of any inconsistency between this Agreement and the specific agreement or rules applicable to a Product feature or service, the specific agreement or rules shall prevail. In the event of any conflict between this Agreement and the purchase contract you have entered into with Sangfor or an authorized distributor of Sangfor in a specific project, this Agreement shall prevail.

1.4.3 Based on the timeliness, complexity, efficiency, and other characteristics of the Internet, and adjustments to laws and regulations, regulatory requirements, or policies, or other reasons, you agree that Sangfor may update this Agreement or applicable Rules from time to time, and the updated Agreement or Rules will be notified to you in the form of a red dot in the app or an announcement published on our official website, in which case, the updated Agreement or Rules will supersede the original Agreement or Rules upon expiration of the announcement period, or notified to you by email, SMS, system notification, private message, or otherwise. If you do not agree to the updated Agreement, you should immediately cease the use of the current Product and related services. By continuing using the Product, you acknowledge that you have fully read, understood, and agreed to be bounded by the updated Agreement.

2. Account Registration, Use, and Management

2.1 Account Registration

2.1.1 Any User who uses the Product shall have necessary and appropriate capacities for rights and conducts in accordance with the law, complete registration according to the real name authentication and other requirements or obtain the right to use an account in any other way permitted by Sangfor, and conscientiously observe applicable rules and restrictions when registering an account, including but not limited to: not registering and using the account in bad faith (the bad faith registration mentioned in this clause includes but is not limited to frequent or batch registration of accounts, abuse of multiple accounts, and trading of accounts).

2.1.2 You understand and agree that the ownership of all types of registered accounts of the current Product remains with Sangfor, and after completing the registration of an account, you only obtain the right to use the account. The right to use an account of the current Product shall vest in the initial registration applicant. Unless otherwise provided by law, or decided by the competent judicial authority, or agreed upon in writing by Sangfor, your account and password shall not be leased, transferred, gifted, inherited (except for the account-related property rights and interests), or made available to any third party. Otherwise, Sangfor reserves the right to take back the account immediately, and you shall bear the loss arising from the clearing or loss of the data and information relating to your use of the Product.

2.1.3 Based on the Product positioning and features, we provide account registration and related features or services mainly for adult users. Before instructing or authorizing a minor to register an account for a Product or otherwise use the Product, a Customer and its Administrator shall obtain the consent of the minor's guardian and verify the true identity of the authorized minor and the minor's guardian through their ID numbers, and shall pay attention to giving special protection to the minor user's personal information and other legitimate rights and interests during the use of the Product.

2.2 User Information

2.2.1 You shall fill in and submit true, legal, and valid information (hereinafter referred to as "User Information") as required, including but not limited to the User's name, contact person, email address, and phone number, and you agree to submit relevant information of the Customer you represent as required by Sangfor, including but not limited to the business license, qualification documents, and business description, so that Sangfor can perform real-name authentication on relevant subjects or ask a third party to do so in accordance with applicable laws and regulations, or where necessary, verify the authenticity and legality of the business carried out by the relevant subjects by means of Sangfor Products or other related services. In the event of any change in the above User Information, you shall promptly notify Sangfor in writing or update the information according to relevant rules for the current Product.

2.2.2 The Domestic Users shall further guarantee that their registered account names, avatars, and profiles will not contain illegal and undesirable information, that they will not impersonate others or use their names, portraits, or trademarks/logos without authorization, and that they will not infringe upon the legitimate rights and interests of others during the use of the account.

2.3 Account Use Rules: When logging into an account of the current Product and using relevant features or services, you shall conscientiously bear the legal obligations related to the account subject, including but not limited to: not using the account or any feature or service to commit any acts that violate laws, regulations, or policies; and not using technical means to interfere with the operation of the current Product or our Product management, or maliciously circumvent or counteract the rules for related features or services.

2.4 Account Security Protection

2.4.1 Your account is used as the basis to identify you as the intended user of the Product, so you shall take necessary and effective confidentiality and security measures (including but not limited to taking effective access control, setting a strong password, and regularly changing the password) for the username, password, and other information of your account.

2.4.2 If you discover any unauthorized use of your account and password or any other circumstance that your account permissions are obtained without your legal authorization, you shall immediately notify Sangfor in an effective manner and provide the necessary information, such as user information, the statement of situation, supporting documents, specific appeals, and contact information. Sangfor will handle your request in accordance with laws, regulations, and this Agreement or applicable Rules after receiving a valid notice from you, verifying your identity, and confirming the facts. If Sangfor fails to handle your request in a timely manner due to our inability to verify your identity or judge your requirements as a result of any defects in the information you provide, you shall bear all losses arising therefrom. In addition, you understand that it takes a reasonable period of time for Sangfor to handle your request and that Sangfor shall not be liable for your losses incurred prior to our adoption of measures or incurred after our adoption of measures for reasons not attributable to us.

2.5 Account Management

2.5.1 Apart from the security protection for your account, you shall establish and improve internal management systems, to standardize the use and management of your account. In case of any actual breach of this Agreement or other applicable Rules or provisions, you are obliged to immediately notify us, and shall take appropriate actions to stop and correct such breach or violation, and bear the full liability.

2.5.2 You understand and agree that, if any User breaches this Agreement or other applicable Rules or provisions or is involved in a dispute over account permissions, Sangfor, as the Product operator, has the right to take necessary measures, including but not limited to restricting, suspending, or terminating access to or use of the Product or other related services, in accordance with applicable laws or this Agreement and other relevant provisions, to ensure the secure and effective operation of the Product as far as possible. Sangfor has the right to independently assess and establish a credit management system for your account and provide services or other guarantees for related rights and interests based on the credit rating of your account during the use.

2.6 Statements and Warranties of the Administrator

If you are authorized by the Customer to register an account of the current Product as an Administrator, assist other users to complete account registration based on your permissions as an Administrator, and manage the account registration and use by such Users within your permissions, you shall warrant that you have been legally, validly, and fully authorized by the Customer to do so, and you will conscientiously fulfill all responsibilities in accordance with this Agreement and the Customer's true requirements or intentions, including but not limited to the management responsibilities based on the foregoing rules relating to account registration and use, account security protection, information involved in the use of the account, and other related rules. Sangfor has the reason to believe that all actions you take within your permissions as an Administrator represent the Customer, and has the right to require the Customer to fulfill the obligations if you are negligent in performing the same.

2.7 Restrictions on Account Permissions and Termination of Account

2.7.1 Cancellation of Account

Generally, you may directly cancel your account through the current app, unless the Customer you belong to has set relevant restrictions or approval process when inviting or authorizing you to become an Authenticated User, in which case, the cancellation of the Authenticated User's account will be uniformly performed by the authorized Administrator of the Customer you belong to, and in any case the following conditions shall be met:

2.7.1.1 The account is in normal conditions and is not involved in any disputes (including complaints or reports filed by or against the account), nor subject to restrictive measures taken by the competent authority;

2.7.1.2 There is no uncompleted transaction under the account;

2.7.1.3 There are no other unsettled rights or obligations under the account or disputes that may arise out of the cancellation of the account;

2.7.1.4 There are no other circumstances that may affect the cancellation of the account.

Sangfor will cease the provision of relevant Product features and other related services to any User who has formally canceled the account. Upon cancellation of your account, we will properly process related data in accordance with applicable laws and regulations and relevant agreements (if any) with you or the Customer you belong to.

2.7.2 In order to protect the security of the Users account, Sangfor has the right to independently detect and identify abnormal access behavior and take corresponding disposal measures. For example, for accounts that do not log in for a long time after registration or do not have any access records for a long time after registration, in order to protect the security of user accounts, Sangfor has the right to restrict their login function, and users need to reactivate their accounts before normal usage, and the activation methods include, but are not limited to, SMS authentication code, etc.

2.7.3 Sangfor has the right to recover or terminate the license for your account if you breach relevant provisions of this Agreement or other conditions for temporary suspension or termination of the account license as agreed upon by the Parties are established.

3. Product Features and Services

3.1 Content of Services

3.1.1 You understand and agree that the Customer may, based on its operational management, Human Resources management, and internal information security control requirements, manage the use of the current Product by the Administrator and Authenticated Users and related data, rights, and interests, including but not limited to adding, deleting, or adjusting relevant permissions, service content, or data. During the use of relevant features and services of the current Product, the Administrator and Authenticated Users shall comply with relevant internal rules, standards, or other requirements issued by the Customer, in addition to this Agreement.

In particular, all settings and operations by the Administrator based on the authorization granted by the Customer shall represent the Customer, and the Customer shall be responsible for managing the Administrator's permissions and actions. If an Authenticated User has any objection to the settings and operations by the Administrator, the Authenticated User shall report it to the relevant responsible personnel of the Customer for handling. Unless otherwise provided by law, Sangfor does not bear any liability to the Customer or any Authenticated User with respect to the authorization between the Customer and the Administrator, or the management and control by the Customer or the Administrator over the Authenticated User and the disposal of related rights and interests.

3.1.2 This Agreement only applies to the available features of the current Product and related services, and does not apply to any other services provided by third parties through websites or apps, such as any application, applet, HTML5, or other forms of services created through the relevant application programming interface (API) (if any) of the open platform of the current Product and services or services provided by integrating other third-party SDKs or third-party APIs (collectively, "Third-Party Services"). Before choosing to use any Third-Party Service, you shall fully understand and confirm whether you accept the agreement or rules applicable to the Third-Party Services.

3.2 Fees

3.2.1 You shall confirm the relevant charge standards, payment methods, and other fee-related matters before using relevant features or services of a Product, and may use them only after confirming your acceptance of such matters. In addition, please take note that you shall pay the Internet access fees, data traffic fees, communication fees, message fees, and other fees charged by third parties that may be incurred during your use of relevant Product features and services.

3.2.2 Sangfor may launch discounted products or services through "limited-time free", "limited-time offers", "limited-stock offers", "top-up offers", or other ways in a specific period due to marketing activities, product promotion, or other reasons. You understand and agree that these discounted products or services may be provided conditionally or only to specific users, and shall not be construed as a waiver by Sangfor to charge fees for such products or services, and that Sangfor has the right to notify you of the specific charge standards and methods through the current Product page, or our official website, or in any other effective way a certain period of time in advance. After the notice becomes effective, you shall pay for your continued use of the relevant products or services.

3.2.3 In particular, regarding the free trial of relevant features or services of a Product, Sangfor may, in its sole discretion and on an as-needed basis, adjust the type of the features or services that are available to you free of charge and the free trial period (Sangfor reserves the right to charge fees for any features or services that are not indicated in writing to be available free of charge), and will provide you with the relevant technical support and guarantee only to the extent provided by law or explicitly stated by Sangfor. Sangfor reserves the right to cease the provision of all features or services of a Product that is made available to you on a free trial basis with prior notice; and you understand and agree that the operation and maintenance ("O&M") management of any product or service will incur a certain cost. If you make a request to Sangfor beyond the scope of the features or services provided by Sangfor free of charge (including but not limited to access to or export of the relevant usage data), in addition to confirming that such request does not violate applicable laws and regulations nor infringes the legitimate rights and interests of third parties, Sangfor has the right to independently assess the reasonableness of your request and the time or other conditions required for the response to your request and require you to bear a reasonable cost required for meeting your request.

3.3 Technical Support and Guarantee

3.3.1 During your use of the current Product, to ensure the safe and stable operation of the Product features and related services, Sangfor will do our best to conduct comprehensive O&M management, and strive to develop and continuously optimize relevant features and services based on your requirements and usage.

3.3.2 The features and services of a Sangfor Product may be governed by a specific service level agreement ("SLA") based on the specific application scenarios, and the available technical support and guarantee for the specific features and services shall be subject to the applicable SLA (if any).

3.4 Use and Restriction

3.4.1 Content Rules

During your use of Sangfor Products, the Domestic User undertakes to comply with the Constitution of the People's Republic of China and other laws and regulations, observe public order, and respect social morality, and not to produce, reproduce, publish, disseminate, or intentionally provide technical support or other convenience or assistance for the production, reproduction, publishing, or dissemination of, information containing the following content:

3.4.1.1 Violating the basic principles determined by the Constitution, endangering State security, honor, and interests, disclosing State secrets, inciting subversion of State political power, overthrowing the socialist system, inciting division of the State, or undermining the State unity;

3.4.1.2 Promoting terrorism and extremism, promoting ethnic hatred or ethnic discrimination, undermining ethnic unity, undermining religious policy of the State, or promoting cults and feudal superstitions;

3.4.1.3 Fabricating or disseminating information that disrupts the financial market or economic order;

3.4.1.4 Fabricating or disseminating false information about dangerous situations, epidemics, alert situations, natural disasters, production safety, safety of foods, drugs, or other products, or other information that disrupts social order;

3.4.1.5 Disseminating information by pretending to be, or falsely using the name of, State institutions, social organizations, and their functionaries or other legal persons, or disseminating information by falsely using the name of others for the purpose of committing illegal and criminal activities;

3.4.1.6 Spreading information that incites illegal assemblies, associations, parades, or demonstrations, or otherwise disturbs the social management order and social stability;

3.4.1.7 Disseminating information about obscenity, pornography, violence, gambling, murder, terror, instigation of crime, impartation of criminal means and methods, manufacturing or trading of prohibited or controlled goods, or commitment of fraud or other illegal and criminal activities;

3.4.1.8 Disseminating information that insults or slanders others, infringes the reputation, privacy, intellectual property rights, or other legitimate rights and interests of others, endangers the physical and mental health of minors, or is not conducive to the healthy growth of minors;

3.4.1.9 Other information prohibited by laws and regulations.

During your use of Sangfor Products, the Offshore User undertakes to comply with the applicable laws and regulations, public orders, and respect social morality, and not to produce, reproduce, publish, or disseminate, or intentionally provide technical support or other convenience or assistance for the production, reproduction, publishing, or dissemination of, information containing the content that prohibited by the applicable laws and regulations.

3.4.2 Software Usage Rules

During the use of a Sangfor Product, you undertake not to engage in, or assist or instruct others to engage in, the following acts:

3.4.2.1 Uploading, publicly posting, directionally sending, or otherwise disseminating software viruses or other computer codes, programs, or files that are intended to interfere with, destroy, or limit the functionality of any computer software, hardware, or communication equipment;

3.4.2.2 Illegally intruding, destroying, interfering with, changing, or attempting to change the operation or connection of Product features, software, server system, or network through technical means, or modifying, adding, deleting, stealing, intercepting, or replacing data in the Product client or the server system, illegally occupying the space of the Product server, or performing other acts that overload it;

3.4.2.3 Mining or detecting possible vulnerabilities or defects in the Product software or server system by scanning or other means without authorization, or publishing vulnerabilities or defects in violation of applicable laws, or using relevant vulnerabilities or defects to engage in any act that damages the Product and Sangfor's interests;

3.4.2.4 Producing, publishing, or disseminating any software, media, or methods used for the above purposes, whether commercial or not.

3.4.3 Other Rules of Conduct: During your use of Sangfor Products, the Domestic User shall not engage in any acts that violate laws and regulations, socialist system, State interests, legitimate rights and interests of citizens, social public order, morality, or information authenticity, which are known as the "Seven Bottom Lines". And neither the Domestic User nor the Offshore User shall not engage in any acts that infringe the legitimate rights and interests of other users or third parties or interfere with the normal operation of Sangfor or the stable functioning of our Products, or other acts that are not expressly authorized by Sangfor; and you undertake not to provide any convenience or assistance for any other third party's implementation of the foregoing acts.

3.4.4 Handling of Violations

You agree and accept that Sangfor has the right to continuously supervise and review your use of the related Product features and other services. If Sangfor finds that you have committed any breach of this Agreement, or receives any question or complaint regarding your violation or infringement from any third-party institution or individual, Sangfor will have the right to investigate and verify the relevant act or information and take relevant measures based on the actual situation, including but not limited to immediately suspending temporarily or terminating your use of the related features or services, removing the relevant information, and making a report to the competent authority, and where necessary, to require you to submit relevant explanations or supporting documents within a prescribed time limit. You agree to cooperate in this regard. Sangfor shall not bear any legal liability for any loss caused to you due to the measures taken under the foregoing circumstance. In addition, Sangfor reserves the right to hold you legally liable and file a claim for all losses thereby sustained against you, including but not limited to investigation fees, litigation or arbitration fees, and attorney fees incurred in protecting our rights, as well as the business loss or claims suffered by or filed against us.

3.5 Temporary Suspension and Termination of Services

3.5.1 To provide more complete and high-quality products or services to you, Sangfor has the right to perform overhaul, maintenance, upgrading, and optimization (collectively, "Routine Maintenance") to the app of the current Product or the relevant infrastructure or equipment, system, and software on a regular or irregular basis. If the features or services of the current Product are interrupted or suspended within a reasonable time period due to Routine Maintenance, Sangfor shall not be liable for breach of contract or damages to you due to such interruption or suspension, provided that Sangfor shall notify you of such Routine Maintenance in advance. In the event of any non-routine maintenance resulting from force majeure, fault of the telecom foundation operator, or other reasons not attributable to Sangfor, Sangfor will strive to notify you as soon as practically possible.

3.5.2 To ensure the safety and stability of the products or services, Sangfor may also make major adjustments such as server room or data migration and equipment replacement. Such adjustments may result in the interruption or suspension of relevant Product features or services within a reasonable time period, and Sangfor shall not be liable for breach of contract or damages to you due to such interruption or suspension, provided that Sangfor shall notify you of such adjustments in advance, and you shall cooperate. If you do not cooperate or Sangfor cannot get in contact with you, you shall bear all consequences arising therefrom.

3.5.3 Sangfor has the right to adjust or terminate all or part of the Product features or services based on our own operational arrangements, including but not limited to removal, iteration, or integration of related features or services, provided that Sangfor shall notify you at least 30 days in advance, so that you can back up the data to be migrated, adjust your business, or make other preparations, to avoid incurring unnecessary cost or loss.

3.5.4 You understand and agree that when the conditions for temporary suspension or termination of the services agreed upon by Sangfor with you through the terms of this Agreement or otherwise are established, Sangfor has the right to temporarily suspend or terminate the provision of the agreed services to you by giving unilateral notice to you.

3.5.4.1 The conditions for temporary service suspension specified in this clause include but are not limited to: your refusal to agree to any updates to this Agreement or other applicable Rules, or your failure to promptly renew the license upon expiration thereof, or your breach of the obligations under this Agreement, thus resulting in your temporary inability to use the Product features or services.

3.5.4.2 The conditions for service termination specified in this clause include but are not limited to: your failure to renew the license in a certain period of time after the expiration of the license, your failure to meet the necessary conditions for use of the Product features or services due to breach of your obligations hereunder, or actual loss caused to Sangfor due to your violation of laws.

4. Rights and Obligations of the Parties

4.1 Sangfor and the terms and conditions of this Agreement grant you a non-transferable, non-sublicensable, non-exclusive, limited, and revocable license to use the current Product features and services that Sangfor provides to you. All other rights not expressly granted to the User under the terms and conditions of this Agreement shall be retained by Sangfor, and the User shall separately obtain Sangfor's written authorization for the exercise of such rights, and Sangfor's failure to exercise any of the foregoing rights shall not constitute a waiver of such rights.

4.2 You shall use the Product in accordance with relevant rules and restrictions. Unless otherwise agreed or noted, you shall use the Product features and services hereunder only for non-commercial purposes, and you undertake not to reproduce, copy, sell, or resell the current Product or any part thereof, or use the current Product or any part thereof for any commercial purposes including but not limited to advertising.

4.3 Sangfor shall provide the User with the current Product in accordance with the signed contract, this Agreement or the relevant rules, as well as the User's configuration or other forms of authorization/instructions, and will continue to make efforts in O&M, in order to provide Users with Products that better meet the Users needs and have a better use experience, as well as to provide comprehensive support and protection during the User's use of the Products. In this process, Sangfor may update the Product by means of software replacement, modification, function enhancement, version upgrade, etc., and Sangfor will notify the User of the updates by means of pop-ups or announcements as necessary.

4.4 You undertake to comply with all laws and regulations of China, the United States, the United Nations, the European Union and other countries/international organizations regarding export control and economic sanctions that may be applicable to this Agreement, and warrant that you and the Customer you belong to are not subject to the export control, economic sanctions, or other legal or regulatory restrictions enacted by any country, region, or international organization, and will not directly or indirectly provide the features of the current Product and related services to any sanctioned countries or regions under applicable export control and economic sanction laws or any entities or individuals included in the restricted list, nor directly or indirectly use the services and related content for any purposes prohibited by applicable export control and economic sanctions laws and regulations. Otherwise, Sangfor has the right to immediately terminate the services to you and reserves the right to claim all losses arising therefrom against you.

4.5 Confidentiality Obligations of the Parties:

4.5.1 "Confidential Information" means all technical and non-technical information that is disclosed by a Party to the other Party and is non-public, practical and can bring economic or other benefits to the disclosing Party, including but not limited to Product or service prices or marketing plans, business plans and strategies, customer lists and customer information, financial information, product development information, or related technical solutions.

4.5.2 Either Party hereto agrees to maintain the confidentiality of the other Party's Confidential Information of which it becomes aware, and require its personnel who have access to such Confidential Information to strictly fulfill their obligation of confidentiality under this clause. The Party receiving the Confidential Information shall not disclose it to the public, unless the State organ compulsorily requires such disclosure in accordance with the law or the Confidential Information has entered the public domain.

4.5.3 The Parties hereto explicitly acknowledge that their respective business data and other information are their respective important assets and key Confidential Information, and they agree to do their utmost to prevent such Confidential Information from being disclosed. If any risk or event of leakage of Confidential Information is discovered, the Parties shall cooperate to take all reasonable measures to avoid or mitigate the damage arising therefrom.

4.5.4 The confidentiality obligation specified in this section shall survive the termination of this Agreement.

5. Introduction of Data Processing

5.1 For more information about the data in connection with your use of the current Product that Sangfor processes directly or with authorization, including but not limited to the data type, purposes and methods of processing, and data security protection, please see the Privacy Policy.

5.2 In scenarios of use by individual users, Sangfor, as the data processor, will process all data involved during the use of the current Product, including relevant necessary personal information, for the purpose of providing the required features or services to the individual users.

5.3 In scenarios of use by the Customer and its Administrator and Authenticated Users, Sangfor, as the authorized party, will provide the corresponding features and services to the users based on the specific features or services purchased, configured, and activated by the Customer and the security management requirements, and conduct authorized processing of the data (including relevant personal information) controlled by the Customer to the extent necessary to provide the features or services. In such case, Sangfor and you hereby specially agree as follows:

5.3.1 You understand and agree that, the legitimate rights and interests of the personal data of the data subject, as well as the computers or electronic data and other assets owned by individuals are protected by law, so you shall warrant that any processing of the Personal Information or assets of Authenticated User and other individual involved in your use of a Product or service provided by Sangfor does not infringe the legitimate personal and property rights and interests of the individual. For example, if the collection and processing of Personal Information (except the personal information of the Administrator, for which the Administrator has granted the authorization to Sangfor when executing this Agreement by checking the box confirming acceptance of this Agreement) is involved, you shall ensure that you have obtained the explicit consent of the individual, based on which, you authorize Sangfor to provide the Products and services under this Agreement. You shall bear the consequences arising from the violation of applicable laws or infringement upon the legitimate rights and interests of the individual due to your breach of the foregoing warranty.

5.3.2 As described above, since Sangfor provides the features and services of the current Product based on your authorization and processes data accordingly, Sangfor is not responsible for reviewing the specific content of the data that we are authorized to process in such process, and you shall be responsible for the legality of the content. If you use the features of the current Product to carry, disseminate, or publish any data or content that violates laws, regulations, departmental regulations, or national policies, you shall bear all consequences and responsibilities arising therefrom, and the system logs or other recorded data retained by Sangfor may be used as the evidence of your violation of laws and regulations.

5.3.3 You shall back up the relevant data of the Product according to your needs. Though Sangfor will retain logs and other necessary data in the process of providing related features or services to you, Sangfor will only retain such data in accordance with applicable local laws and regulations or your authorization and based on the principle of data minimization, and shall not assume any responsibility for the User Data backup or the result thereof. If you need assistance from Sangfor in exporting or querying or retrieving related data, subject to applicable laws, Sangfor has the right to require you to bear the cost for data processing and maintenance, unless you have reached a special agreement with Sangfor on data backup or related processing.

6. Intellectual Property Rights

6.1 Sangfor and its affiliates, as the owner of the intellectual property rights in the Product provided to you, retain all rights to intellectual and intangible property relating to Sangfor Product, including but not limited to copyrights, patents, trade secret rights, trademarks, which are protected by law. Intellectual property rights are precious intangible assets on which Sangfor's business survives, which are included in both Sangfor Products used by the User and the trademarks, labels, and other brand images of Sangfor recognized by the User. Except where agreed in writing, nothing in this Agreement transfers ownership in or grants any license to, any intellectual property rights to you. Sangfor may use any feedback you provide in connection with your use of the Product as part of its business operations, without your approval or compensation to you. .

6.2 You understand and agree that, during your use of a Sangfor Product or service, you shall not infringe the intellectual property rights or other legitimate rights and interests of Sangfor in any way, including but not limited to: not exploiting, licensing, or assigning, or permitting any third party to exploit, license, or assign, the aforesaid intellectual property rights for commercial or non-commercial purposes without the written consent of Sangfor; not reproducing, modifying, disassembling, decompiling, reverse cracking, reverse engineering, or attempting to access or intercept any source code of, the software and hardware products that Sangfor provides to you and/or any part thereof; not circumventing or destroying any technical measures that Sangfor takes to protect the intellectual property rights; and not modifying, destroying, or covering the trademark or label on the Sangfor Product or system platform without authorization. Sangfor reserves the right to hold you legally liable for any infringement upon intellectual property right.

6.3 You understand and agree to authorize Sangfor to use your name, trademark, and label in our publicity and promotion, provided that such use is only to indicate you as our customer or partner.

7. Limitation of Liability and Disclaimer

7.1 You understand and agree that, if the Product features or services are interrupted during your use of the Product under any of the following circumstances, Sangfor will promptly cooperate with the relevant entity to make repairs, but Sangfor shall not be liable for any loss suffered by you as a result thereof:

7.1.1 Force majeure, including but not limited to natural disasters, government actions, the promulgation of and changes in laws and regulations, strikes (except for internal labor disputes of either Party), unrest, or other objective circumstances that are unforeseeable, unavoidable, and insurmountable;

7.1.2 Causes attributable to telecom foundation operators, including but not limited to the technical adjustments by the telecommunication department, the destruction of the telecommunication or electric power lines by others, the installation, transformation, and maintenance of the telecommunication networks or electric power resources by the telecommunication or electric power department;

7.1.3 Cybersecurity incidents, such as computer viruses, Trojan horses, or other malicious programs, or hacking attacks;

7.1.4 Inability to use the related Product features or services normally due to your use of the Product features or services in a manner other than those permitted by Sangfor, or your improper operations, loss or theft of account, or failure of your computer software, system, hardware, or communication lines;

7.1.5 Other circumstances that are not attributable to the fault of Sangfor and cannot be controlled or reasonably foreseen by Sangfor.

7.2 If, based on the particularity of the business you operate or manage, your use of the related Product is conditioned upon a third party's authorization or license, you shall warrant that you have met such condition, and Sangfor will accept your authorization based on your warranty and provide the agreed Product or services to you. In addition, Sangfor will not bear any form of joint and several liability for your breach of the agreement with the third party or infringement upon the legitimate rights and interests of the third party.

7.3 You understand and acknowledge that Sangfor and the Product will keep independent of the third party's products, services or other business or content; and that you shall make your own judgment and take responsibility for the legality, reliability, suitability, quality, and other aspects of the software or hardware, plug-ins, or tools provided or the advertising, promotion, or publicity information (including commercial or non-commercial information) sent by the third party. Unless otherwise explicitly provided by law, Sangfor shall not be liable for any loss or damage suffered by you due to the products, services, or information provided by the third party.

7.4 YOU UNDERSTAND AND AGREE THAT SANGFOR PRODUCTS AND SERVICES ARE PROVIDED "AS-IS" BASED ON THE EXISTING TECHNOLOGIES AND CONDITIONS. SANGFOR WILL USE OUR BEST EFFORTS TO PROVIDE HIGH-QUALITY PRODUCTS TO YOU. HOWEVER, DUE TO THE LIMITATIONS OF THE TECHNICAL LEVEL OF THE INDUSTRY OR OTHER OBJECTIVE FACTORS, SANGFOR CANNOT GUARANTEE THAT THE PRODUCTS PROVIDED ARE FREE OF DEFECTS OR FULLY SUITABLE FOR YOUR BUSINESS REQUIREMENTS. THEREFORE, APART FROM THE EXPRESS WARRANTIES THAT SANGFOR MAKES TO YOU IN SPECIFIC SCENARIOS, SANGFOR DOES NOT MAKE ANY UNDERTAKING OR WARRANTY AS TO THE VALIDITY, INTEGRITY, ACCURACY, RELIABILITY, AND TIMELINESS OF THE TECHNOLOGIES OR INFORMATION INVOLVED IN THE PRODUCT PROVIDED, NOR BEARS ANY LIABILITY THEREFOR. If you encounter any technical or other problems beyond the undertakings or acknowledgment of the parties during the use of a product, the parties may seek solutions through friendly collaboration.

7.5 IN NO CASE SHALL SANGFOR BE LIABLE FOR ANY INDIRECT, PUNITIVE, SUDDEN OR INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO THE LOSS OF PROFITS, LOSS OF INTEREST, TEMPORARY SUSPENSION OF BUSINESS, OR DESTRUCTION OR LOSS OF DATA OR OTHER ASSETS.

7.6 The total liability of Sangfor for breach of contract or damages arising out of the Product or service provided to you violating the applicable terms of this Agreement or other applicable rules shall not exceed the total fees charged for the Product or service.

 

8. Valid Notice

8.1 You shall warrant and maintain the authenticity and validity of relevant information you submit (including but not limited to phone number, email address, and other contact information). If the information you submit contains any false, invalid, or other content that may result in your inability to promptly receive business notices, feature or service prompts, technical support, dispute coordination, or violation punishments, you shall bear the relevant responsibility.

8.2 You shall send notifications to Sangfor according to the contact information specified herein or published on Sangfor's official website, unless otherwise agreed upon by the Parties.

8.3 Sangfor may send you various information related to our products or services, such as notices, prompts, verification messages, and marketing information (including but not limited to the updated End User License Agreement, applicable Rules, Product or service upgrades, server room migration, and advertisements) by webpage announcement, system notification, private message, email, SMS, instant message, and/or letters. Any such notice shall be deemed to have been served (if the notice is served on a statutory holiday, it shall be deemed to have been served on the first working day following the service):

8.3.1 at the time when the recipient signs to acknowledge the receipt of the notice if it is sent by personal delivery;

8.3.2 at the time when it is published in the form of a webpage announcement, etc., unless otherwise stated;

8.3.3 at the time when it is successfully sent in electronic form, including system notification, private message, email, SMS, and instant message; or

8.3.4 on the third calendar day after being posted if it is sent by courier or registered mail, postage prepaid.

 

9. Governing Laws and Dispute Resolution

9.1 For the Domestic User, the signing place of this Agreement is Nanshan District, Shenzhen City, Guangdong Province, the People's Republic of China.

9.1.1 The establishment, effectiveness, performance, and interpretation of this Agreement, the dispute resolution hereunder, and other matters in connection herewith shall be governed by the laws of the People's Republic of China (excluding the Law of the People's Republic of China on Choice of Law for Foreign-related Civil Relationships); in the absence of applicable laws, the applicable commercial practices may be followed.

9.1.2 Any dispute or controversy between you and Sangfor shall first be resolved through friendly negotiation. If no agreement is reached through negotiation, you agree to submit such dispute or controversy to the competent people's court in the place where this Agreement is signed.

9.2 For the Offshore User, this Agreement shall be governed by and construed in accordance with the laws of Hong Kong, excluding its conflict of law principles. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be in Hong Kong. The number of arbitrators shall be three. The arbitration proceedings shall be conducted in English.

10. Miscellaneous

The headings used herein are for purposes of convenience only, and shall not be separately used as the basis for the interpretation of the terms hereof.