HENGSHI SENSE Software License Agreement
Welcome to use the HENGSHI SENSE software product (hereinafter referred to as "HENGSHI SENSE"). The following terms and conditions constitute an agreement between you and Beijing Hengshi Technology Co., Ltd. (hereinafter referred to as "Hengshi Technology") regarding the use license of HENGSHI SENSE (hereinafter referred to as "this Agreement"). Once you deploy the image and use HENGSHI SENSE, it means that you have accepted the terms and conditions described below.
If you do not agree to accept all the terms and conditions, you will not be able to use HENGSHI SENSE. When you deploy the Hengshi image, copy, or use HENGSHI SENSE, it means that you agree to be bound by this Agreement, including but not limited to this Agreement, notices, and privacy policies.
Hengshi Technology reserves the right to modify the foregoing terms and conditions at any time and only needs to be announced on the Hengshi Technology product website (www.hengshi.com) without prior consent from you. The modified terms shall take effect immediately upon announcement. Continuing to use HENGSHI SENSE after Hengshi Technology modifies the agreement terms shall be deemed as your acceptance of the modified terms.
Unless authorized in writing by Hengshi Technology, no one shall modify this Agreement.
Article 1 Definitions
Unless otherwise specified in this Agreement, the meanings of the following terms are: HENGSHI SENSE: Refers to the data analysis platform provided by Hengshi Technology. For details, please refer to the Hengshi Technology product website (www.hengshi.com) for the introduction and description of Hengshi Technology software products. Hengshi Technology reserves the right to change the name and functions of the software products.
Article 2 Methods of Using HENGSHI SENSE
- You must obtain or use HENGSHI SENSE through the formal channels authorized by Hengshi Technology. Hengshi Technology will not be responsible for any consequences caused by obtaining or using HENGSHI SENSE through other means.
- Formal channel partners authorized by Hengshi Technology may be granted different types or levels of channel partner titles according to different types and levels of requirements. Any approved Hengshi Technology channel partner may use the "Hengshi Technology Channel Partner" logo and title.
- Hengshi Technology reserves the right to change, upgrade, modify, or transfer HENGSHI SENSE and its related functions at any time at its own discretion. Hengshi Technology further reserves the right to develop new functions or other language services within the HENGSHI SENSE software system. Unless otherwise specified by Hengshi Technology, the provision of all new functions and software services shall still apply to this Agreement.
Article 3 Software License Fee
- Software license usage fees are charged according to the relevant pricing standards of HENGSHI SENSE. HENGSHI Technologies will announce the pricing standards on the HENGSHI SENSE product website in advance.
- All fees must be paid in advance through payment methods accepted by HENGSHI Technologies. The aforementioned software license usage fees do not include any taxes, fees, or related remittance expenses. Otherwise, you should make up the payment or pay the fee yourself.
- Unless otherwise agreed in this agreement, the software license usage fees you have paid are non-refundable.
- Free trial services should not be construed as HENGSHI SENSE waiving the right to charge fees. HENGSHI Technologies reserves the right to notify you and charge corresponding fees at any time.
- HENGSHI Technologies reserves the right to unilaterally adjust the fee standards and charging methods at any time based on actual circumstances and publish them on the HENGSHI SENSE product website without obtaining your prior consent. However, users who have already paid the software license usage fee before the adjustment date will not be affected.
Article 4 Your Rights and Obligations
- You warrant that: the registration information you submit to HENGSHI Technology is true, accurate, timely, complete, and up-to-date, and you will continue to update the registration information to meet the requirements of timeliness, completeness, and accuracy; it does not contain any content that violates national laws, regulations, or international treaties recognized or joined by the People's Republic of China, and all activities you engage in through HENGSHI SENSE are legal, authentic, and do not infringe upon the legitimate rights and interests of any third party.
- You promise to HENGSHI Technology that all your actions using HENGSHI SENSE comply with the provisions of national laws and regulations. You will not use HENGSHI SENSE for any illegal purposes or purposes prohibited by this agreement, terms, and notices.
- You must not engage in any actions that infringe upon the intellectual property rights of HENGSHI SENSE. You warrant that you will not sell, resell, or copy, develop the usage rights granted by HENGSHI Technology; you must not imitate HENGSHI Technology's products and services for commercial purposes; you must not copy and imitate HENGSHI Technology's design concepts, interfaces, functions, and charts; you must not modify or create derivative products based on this software or its content without permission from HENGSHI Technology.
- You further agree not to copy, translate, modify, adapt, enhance, decompile, disassemble, reverse engineer, dismantle, sell, sublease, or use for any commercial purposes any part of HENGSHI Technology and/or HENGSHI Technology (software products, page logos, service brands, information, messages). You agree to bind your employees, agents, consultants, or advisors who are necessary to use HENGSHI SENSE to comply with the aforementioned obligations, and you are responsible for their violations of the aforementioned provisions as if you yourself had violated them.
- You agree that if you use HENGSHI SENSE to provide services for any third party, HENGSHI Technology will not be responsible for any disputes between you and the third party.
- You promise to bear all legal consequences arising from activities conducted through HENGSHI SENSE. If your use of HENGSHI SENSE results in HENGSHI Technology or any third party assuming related responsibilities, you must fully compensate HENGSHI Technology or any third party for their related expenses and losses, including reasonable attorney fees.
- If you violate any of the terms of this agreement, causing loss to HENGSHI Technology or other users, you must bear all the compensation liability. If HENGSHI Technology assumes the aforementioned responsibility, you agree to compensate HENGSHI Technology for its related expenses and losses, including reasonable attorney fees.
- You agree that if you violate any of the terms of this agreement or HENGSHI Technology's various rules and notices, HENGSHI Technology has the right to unilaterally determine to immediately terminate your use of HENGSHI SENSE without prior notice and will not refund any fees already collected.
- You agree that HENGSHI SENSE collects software usage licenses through automatic email sending, etc., to determine the legality of users' use of HENGSHI SENSE.
- You agree to accept various information services provided by HENGSHI Technology while using HENGSHI SENSE.
Article 5 Rights and Obligations of HENGSHI Technology
- HENGSHI Technology will license you to use HENGSHI SENSE in accordance with the terms of this agreement.
- HENGSHI Technology reserves the right to copy and store your information on its servers and use it to contact you for your benefit.
- HENGSHI Technology reserves the right to delete at any time any information or links that violate laws, regulations, software license agreements, or rules, including information that HENGSHI Technology reasonably suspects of being in violation. HENGSHI Technology reserves the right to independently determine whether the information you provide falls within the above scope.
- HENGSHI Technology is not obligated to monitor your use of HENGSHI SENSE. However, HENGSHI Technology reserves the right to terminate your use of HENGSHI SENSE at any time, without notice and for any reason.
- HENGSHI Technology reserves the right to disclose any information at any time as required by applicable laws, regulations, legal proceedings, or government requirements, or to edit, refuse to transmit, or delete any information or materials in whole or in part at its own discretion.
- HENGSHI Technology guarantees the legality of the HENGSHI SENSE it provides, which is provided "as is" and does not contain any malicious code intended to damage your computer data and obtain your privacy.
- The above warranty shall replace all other warranties. To the maximum extent permitted by applicable law, this replaces all other warranties, conditions, and declarations, whether express or implied, oral, statutory, or otherwise, and whether arising under this agreement or any other agreement, including but not limited to, non-infringement, merchantability, and fitness for a particular purpose.
- If you are deleted information or terminated the HENGSHI SENSE license due to a violation of any terms of this agreement, the fees you have paid will not be refunded.
Article 6 Third-Party Services Description
You understand and acknowledge that HENGSHI SENSE may include services provided by third parties, and HENGSHI Technology merely provides this functional module for your convenience. If you need to use such services, you should separately reach a service agreement with the third-party service provider, pay the corresponding fees, and assume the possible risks. HENGSHI Technology does not provide any form of warranty for the services provided by third parties.
Article 7 Intellectual Property
- HENGSHI Technology owns the copyright, trade secrets, and other related intellectual property rights of HENGSHI SENSE as stipulated in this agreement, including various documents and materials related to HENGSHI SENSE. Other rights not mentioned in this agreement are also reserved by HENGSHI Technology.
- HENGSHI Technology, hengshi.com, HENGSHI SENSE, and related HENGSHI Technology logos are intellectual property of HENGSHI Technology and are protected by copyright law, trademark law, and other intellectual property laws. Unauthorized copying, imitation, use, or publication of the above logos is prohibited.
- Without prior written consent from HENGSHI Technology, you may not implement, utilize, transfer, or permit any third party to implement, utilize, or transfer the above intellectual property rights for any profit-making or non-profit purposes.
Article 8 Termination
Under any of the following circumstances, HENGSHI Technology reserves the right to immediately terminate your right to use HENGSHI SENSE without prior notice and without any liability: 1. You fail to pay the software license fee for the next charging period after the expiration of the current charging period; 2. You violate the provisions of this agreement regarding guarantees, consents, and commitments; 3. You violate the terms, agreements, rules, notices, and other relevant regulations of HENGSHI Technology's website and/or websites of other affiliated companies of HENGSHI Technology, resulting in the termination of services provided by any of the above websites; 4. Other circumstances where HENGSHI Technology, at its sole discretion, deems it necessary to immediately terminate your use of HENGSHI SENSE. Upon termination of this agreement, you must immediately cease using HENGSHI SENSE and destroy all documents related to HENGSHI SENSE or copies of related media provided by HENGSHI Technology within three (3) days. The termination of this agreement does not absolve you of any obligations you should fulfill during the effective period of this agreement, including but not limited to payment obligations.
Article 9 Disclaimer and Limitation of Liability
- HENGSHI Technology shall not be liable to you or any third party for any damages of any kind arising from interruptions or malfunctions of telecommunications systems or the internet, technical failures, computer errors or viruses, corruption or loss of information, or any other causes beyond HENGSHI Technology's reasonable control.
- HENGSHI Technology does not guarantee that HENGSHI SENSE will operate without interruption or error, does not guarantee that HENGSHI Technology will correct all defects in HENGSHI SENSE, nor does it guarantee that HENGSHI SENSE will meet all your requirements.
- If HENGSHI SENSE is interrupted or otherwise experiences technical failures due to reasons attributable to HENGSHI Technology, you agree that the sole remedy shall be an amount not exceeding the total software license fees paid by you under this Agreement.
- To the extent permitted by applicable law, neither party shall be liable to the other for the loss and/or damage of data and any indirect, incidental, special, consequential damages (including but not limited to lost profits, interruption of business, loss of business information, loss of goodwill, or other economic losses).
- If you are dissatisfied with any part of HENGSHI SENSE or any part of the terms of this Agreement, your sole and exclusive remedy is to discontinue using HENGSHI SENSE.
Article 10 Force Majeure
If events such as natural disasters, hacker attacks, government control, or network communication paralysis occur, which are unforeseen and beyond the control of either party, both parties confirm that these are force majeure events; the parties shall, based on the extent to which force majeure affects the performance of this Agreement, decide whether to terminate this Agreement, exempt certain obligations under this Agreement, or postpone the performance of this Agreement through consultation.
Article 11 Governing Law and Dispute Resolution
- This Agreement shall be governed by the laws of the People's Republic of China. If there is no explicit legal provision regarding a specific matter related to this Agreement, the general international commercial practices and/or industry practices shall be referred to.
- If disputes arise between the parties regarding the conclusion, performance, or interpretation of this Agreement, the parties shall make efforts to resolve them through friendly negotiation. If negotiation fails, either party shall have the right to file a lawsuit with the people's court with jurisdiction where the HENGSHI SENSE server is hosted.
Article 12 Assignment of Agreement
Unless prior written consent is obtained from HENGSHI Technology, you may not assign the rights and obligations under this Agreement to any third party.
Article 13 Miscellaneous
- This agreement constitutes the complete agreement between you and HENGSHI Technology regarding the use of HENGSHI SENSE, and supersedes any prior oral or written understandings between the parties concerning any matter covered by this agreement.
- If any provision of this agreement is deemed invalid or unenforceable, such provision may be severed, and the remainder shall remain in full force and effect.
- The headings in this agreement are for convenience of reading only and do not define, limit, interpret, or describe the scope or bounds of the provisions.
- The waiver by HENGSHI Technology of any rights under this agreement due to your negligence or breach of contract shall not be deemed a waiver of any other or subsequent similar negligence or breach by you.
- HENGSHI Technology reserves the right to modify this agreement at any time in accordance with changes in relevant Chinese laws and regulations, the development of the internet, and adjustments in the company's business conditions and strategies. It is necessary for you to carefully read and confirm the latest "HENGSHI SENSE Software License Agreement" to continue using HENGSHI SENSE. In the event of any dispute, the latest agreement shall prevail. If you do not agree with the changes, you may notify HENGSHI Technology in writing to terminate your use of HENGSHI SENSE and delete HENGSHI SENSE yourself. If you continue to use HENGSHI SENSE, it shall be deemed that you accept the changes to this agreement.