The following terms and conditions (the "Agreement") govern all use of the www.sundenc.co.za website and the services available on or at the website (taken together, the "Site"). The Site is owned and operated by Huiyuan Co., Ltd. ("Company"). The Site is offered subject to your (the "User") acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Company. BY USING THE SITE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU NOT AGREE, DO NOT USE THE SITE.
Company reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User's responsibility to check this Agreement periodically for changes. Your continued use of the Site following the posting of any changes to this Agreement constitutes acceptance of those changes.
1. SITE CONTENT.
User may download or copy the content and other items displayed on the Site ("Content") for personal use only, provided that User maintains all copyright and other notices contained in such Content. User shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content's copyright notice.
The Site is protected by copyright as a collective work and/or compilation, pursuant to the PRC copyright laws, international conventions, and other copyright laws. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or services available through the Site, in whole or in part. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site.
User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Company reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Company server, or to any of the services offered on or through the Site, by hacking, password "mining", or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Company, including any Company account not owned by User, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User's own information, as provided for by the Site.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Company's systems or networks, or any systems or networks connected to the Site or to Company.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to Company on or through the Site. User shall not, in connection with the Site, pretend (e.g. through impersonation) that User any other individual or entity, or that the User is the Company, or is a representative or agent of, or in the employ of the Company.
User shall not use the Site or any Content for any purpose that is unlawful or prohibited by this Agreement, or which infringes the rights of Company or others.
3. THIRD PARTY SITES.
The Site may permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Company's control, and User acknowledges that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company. User further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.
User is responsible for all of its activity in connection with the Site. User shall defend, indemnify, and hold harmless Company, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from User's (i) use or misuse of the Site; (ii) access to the Site, or (iii) violation of this Agreement.
5. WARRANTY DISCLAIMER.
THE SITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
7. LIMITATION OF LIABILITY.
IN NO EVENT SHALL COMPANY BE LIABLE WITH RESPECT TO THE SITE (I) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT FORESEEABLE, INCLUDING, WITHOUT LIMITATION, THE COST OF PROCUREMENTS OF SUBSTITUTE GOODS OR SERVICES, OR (II) FOR ANY AMOUNT IN EXCESS OF US$1000.00.
8. FEES AND PAYMENT.
Some of the products and/or services available through the Site may require payment of fees. User shall pay all applicable fees, as described on the Site, in connection with such products or services (as applicable) as are selected by User. Company reserves the right to change its price lists and to institute new charges at any time, upon one (1) day prior notice to User, which may be sent by email or posted on the Site.
Company may terminate User's access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. To terminate User's account, User may simply discontinue using the Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Company's prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Company in any respect whatsoever.
11. COPYRIGHTS AND TRADEMARKS.
The diagrams and images on this Site and associated directories and folders are the licensed or copyrighted property of Sunde Technologies Africa Ltd. 2013-2015.
SUNDE, vPointServer, NetPoint Server are registered trademarks of Huiyuan Co., Ltd.
SUNDE VDI, SUNDE-VDI protocol, and SUNDE vPointguest are trademarks of Huiyuan Co., Ltd.
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