This User Agreement applies to ESIX website (the “Site”). ESIX hereby reminds you to carefully read and understand this User Agreement. By using the Site, you agree to this User Agreement; if you do not agree, do not use the Site. To the extent permitted by law, ESIX reserves the right, at its sole discretion, to change this User Agreement from time to time. It is your responsibility to check this User Agreement periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
Intellectual Property Notice
All content contained on the Site, including but not limited to text, graphics, music, videos, animations, trademarks, logos, tables, visual interfaces and computer code (collectively, “Content”), is owned by ESIX or used by ESIX with valid authorization. Except as expressly provided in writing in this User Agreement, no Content may be used in any way for any commercial purposes without ESIX’s prior written consent.
You may use information on ESIX products and services made available by ESIX for downloading from the Site, provided that you use such information only for non-commercial purpose, make no modifications to any such information, make no additional representations or warranties relating to such information and documents containing such information, and retain ESIX’s legal rights notice.
You may not use the Site for any purpose that is unlawful or prohibited by this User Agreement, and may not use the Site or any Content to infringe the rights of other entities or individuals.
You may 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 the structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information by any means not purposely made available through the Site. ESIX reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site or to any of the services offered on or through the Site by any illegitimate means. You may not launch any form of cyber attacks on the Site.
You must abide by any and all applicable Chinese and foreign export control laws and restrictions, including any restrictions on the destination, end users and end use. ESIX reserves the right to suspend, restrict or terminate your access to all or any portion of the Site for the purposes of abiding by such export control laws and restrictions.
ESIX reserves the right at all times to disclose any information that is necessary to comply with any applicable law, regulation, legal process or governmental request. ESIX may also disclose your information when ESIX determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that ESIX may preserve any transmittal or communication by you with ESIX through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or ESIX determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this User Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of ESIX, its employees, users of or visitors to the Site, and the public.
You agree that ESIX may, at its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if ESIX determines that you have violated this User Agreement or other agreements or guidelines which may be associated with your use of the Site. You also agree that any of your violations of this User Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to ESIX, for which monetary damages would be inadequate, and you consent to ESIX obtaining any injunctive or equitable relief that ESIX deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ESIX may have at law or in equity. ESIX will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ESIX. You agree that ESIX will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of this User Agreement.
Links to Third-party Sites
This Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided by third parties. ESIX disclaims representations, warranties or claims on the content and its authenticity or accuracy, or the availability, reliability, security or other aspects of such Linked Sites and any other aspects (including any rights therein) that are not under ESIX’s control, and will not be liable for any consequences arising from your use of Linked Sites. Risks arising from your access to and use of Linked Sites will be borne by yourself.
Force Majeure and Fault of Third Parties
ESIX will perform obligations by law, but ESIX will not be liable for breach in case of hindered performance, flaws in performance, delay in performance, or changes in obligations to be performed arising from:
- Natural disasters, strikes, riots, wars, act of government, judicial or administrative orders, and other force majeure factors;
- Service interruption or disruption due to power supply failure, telecommunication network failure and other public service factors, or hacking, virus intrusion, blocking of illegal content and harassing information, government control and any other network, technology, communication lines, information security management measures, where your requirements cannot be met;
- Provided that ESIX has exercised due care, typical or emergency equipment and system maintenance, equipment and system failures, network information and data security.
Please be noted that your connection to the Site and data transmissions are never completely private or secure, and any message or information you send to the Site may be intercepted by others. ESIX cannot ensure that your connection to the Site and data transmissions are private and secure.
Limitation of Liability and Disclaimer
ESIX disclaims all warranties on the availability, continuity and accessibility of the Site and the content and services contained on the Site. The Site and its content are delivered on an “as-is” basis. You assume total responsibility for your use of the Site and any Linked Sites. If you are dissatisfied with all or any portion of the Site, you may stop using all or any portion of the Site.
ESIX disclaims all warranties on the accuracy, integrity and reliability of the content contained on the Site. Information on products or services published on the Site, including but not limited to product features, configuration, parameters, technical specifications, and service content, may vary with countries or regions; even for the same product, its product features, configuration, parameters, and technical specifications may vary at different stages of the product life cycle. As it takes time for ESIX to update such information, the product or service information you see may be different from the product or service you purchased or you can buy on the market.
ESIX shall not be liable for indirect, incidental, special or punitive damages or any indirect losses, including but not limited to loss of profits, income, data or use of data.
The aggregate liability of ESIX and its partners to you for any damage or loss incurred as a result of your use of the Site shall not exceed the total subscription fees or similar fees arising from or in connection with your use of any services or features of the Site. As some jurisdictions do not allow the limitation of liability, the foregoing limitation may not apply to you.