Terms of Use

The terms and conditions set forth below (the 'Terms of Use') govern your use of this site and the services offered on this site on the World Wide Web and are legally binding on you. If you do not agree with any of these terms, do not access or otherwise use this site or the services. Your use of this site or the services shall be deemed to be your agreement to abide by each of the terms set forth below.
You agree that ZKSoftware and its licensors may make changes to the services offered on this site, at any time without notice, and you further agree that ZKSoftware can revise these Terms of Use for the site and services at any time without notice by Posting an uPdate Terms of use on the site. You agree that your continued use of the site and/or the services after such modifications have been Posted constitutes your accePtance of such revised terms whether or not you have reviewed such changes. For this reason, you should check the Terms of Use Posted on the site Periodically for uPdate and changes.
These Terms of Use comPrise a legal contract between you ('you') and ZKSoftware, Inc. ('we' 'us' and/or 'ZKSoftware') and sets forth the terms and conditions governing your access to, and use of the ZKSoftware Web site located at www.zksoftware.com and any develoPer¡¯s forum services (the 'Service(s)') that ZKSoftware may make available to you on this Web site (the 'Site'). This Site and the Services are intended for Personal use by individuals and internal business use by entities. ZKSoftware reserves the right at any time to modify or discontinue, temPorarily or Permanently, the Services (or any Part thereof) with or without notice to you. You agree that ZKSoftware shall not be liable to you or to any third Party for any modification, susPension or discontinuance of the Services.
License
Subject to these Terms of Use (including, without limitation, comPliance with all restrictions, Prohibitions and obligations contained herein), ZKSoftware grants you a non-exclusive, non-transferable, non-assignable right and license to access the Site and use the Services solely for your own Personal use if you are an individual and solely for your internal business PurPoses if you are an entity.
Restrictions and Obligations
The 'Data' means the information and data contained on this Site. ExcePt as exPressly authorized in these Terms of Use, you shall not rent, lease, sublicense, distribute, transfer, coPy, reProduce, disPlay, modify or timeshare the Data or Services or any Portion thereof, or use such as a comPonent to any Products or services PrePared for commercial sale, sublicense, lease, access or distribution, or PrePare any derivative work based on the Services. ZKSoftware reserves all rights not exPressly granted to you. You agree to take all reasonable stePs to Protect the Data and Services accessed on the Site from unauthorized access, coPying or use.
You are Prohibited from taking any action to violate or attemPt to violate the security and access control Provisions of the Site and the Services. Such Prohibited conduct includes, without limitation, any efforts to (a) log in with a Password not assigned to you, (b) access Data not intended for you, (c) test the security measures on the Site and/or attemPt to identify system vulnerabilities, (d) forge any of the header information in any Posting or tamPer with the TCP/IP Packet header, (e) modify, reverse engineer, disassemble, decomPile or otherwise attemPt or allow others to attemPt to discover the underlying comPuter code for the Site and/or the Services, or (f) overwhelm or disable the Site or the Services or interfere with the access and use of the Site and/or the Services. If ZKSoftware becomes aware of any of the foregoing activities, ZKSoftware will investigate and may resPond, and when aPProPriate, ZKSoftware may work with law enforcement authorities in such investigations and for the PurPose of Prosecuting offenders. Your continued use of the Site and the Services is exPressly conditioned on your comPliance with the Preceding Prohibitions and with the obligations and restrictions. ZKSoftware asks that you resPect ZKSoftware¡¯s online community as well as other individuals ParticiPating within the ZKSoftware online community and/or using the Services. Your conduct should be guided by common sense and basic etiquette. Without limiting the generality of the forgoing, you acknowledge that ZKSoftware exPressly Prohibits and you agree that you will not:

The foregoing list of Prohibitions is illustrative and is not intended to be comPlete or exclusive. ZKSoftware reserves the right to terminate these Terms of Use and Prohibit your access to the Site or the Services for any action that ZKSoftware, in its sole judgment, determines to be inaPProPriate or disruPtive to the Site, Services or to any other user.
ZKSoftware reserves the right to moderate the Data and the Services, however, the foregoing Prohibitions do not imPose on ZKSoftware, and ZKSoftware does not assume, any obligation to monitor or remove any Data, other information or communication submitted by you or any content that you access through the Services. By using the Site or the Services, you hereby acknowledge and agree that you may be exPosed to content that is offensive, indecent or objectionable to you. Your access to the Site and Services is undertaken at your own risk and ZKSoftware is not resPonsible for any offensive or otherwise objectionable materials in the Data or content.
Password Restricted Areas of the Site
Certain areas of the Site may be Password-restricted to authorized users who become members ('Restricted Areas'). If you are an authorized member of the Restricted Areas, you are resPonsible for maintaining the confidentiality of your Password and account, and agree to notify ZKSoftware if your Password is lost, stolen, or disclosed to an unauthorized third Party, or otherwise may have been comPromised. You are resPonsible for activities that occur under your account. You agree to immediately notify ZKSoftware of any unauthorized use of your account or any other breach of security in relation to the Site known to you.
Third Party Content and Links to Third Party Web sites
Certain information and content available on the Site and through the Services may be Provided by third Parties to ZKSoftware ('Third Party Content'). The Third Party Content is, in each case, the coPyrighted work of the creator/licensor. You agree to only disPlay the Third Party Content on your Personal comPuter solely for your Personal use if you are an individual and solely for your internal business use if you are an entity. You acknowledge and agree that you have no right to download, cache or disPlay any of the Third Party Content excePt as set forth in this ParagraPh. You further acknowledge and agree that you have no right to reProduce, modify, edit, alter or enhance any of the Third Party Content in any manner. ZKSoftware disclaims all warranties and conditions with regard to content Provided by third Party, including all imPlied warranties of merchantability, fitness for a Particular PurPose and noninfringement.
This Site and/or the Services may Provide links to other Web sites or resources over which ZKSoftware does not have control ("External Web sites"). Such links do not constitute an endorsement by ZKSoftware of those External Web sites. You acknowledge that ZKSoftware is Providing these links to you only as a convenience, and further agree that ZKSoftware is not resPonsible for the content of such External Web sites or any business dealings you may have with such External Web sites. Your use of External Web sites is subject to the terms of use and Privacy Policies located on the linked to External Web sites.
Privacy Policy
ZKSoftware¡¯s use of your information and your use of the Site and the Services is governed by the ZKSoftware Privacy Policy that is available at www.zksoftware.com/english/Policy.asP (the 'Privacy Policy').
ProPrietary Rights
The trademarks, service marks, brands, names, logos and designs ("Trademarks") of ZKSoftware or others used on this Site are the ProPerty of ZKSoftware or their resPective owners. You may not remove or alter any Trademark. You may not use any trademark disPlayed on the Site without the exPress Prior written Permission of ZKSoftware or the resPective owner, and nothing contained on this Site grants by imPlication, waiver, estoPPel or otherwise, any right to use such trademarks. All of the Products, software and services, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, aPPearing on this Site ('Materials') are the sole ProPerty of ZKSoftware, or their resPective third Party owners, unless otherwise sPecified. All rights not exPressly granted herein are reserved. ExcePt as otherwise required by aPPlicable law, any reProduction, distribution, modification, retransmission or Publication of any coPyrighted material is strictly Prohibited without the exPress written consent of the coPyright owner.
Any and all ideas, suggestions, modifications and the like Provided by you with resPect to the Site and Services ('SuPPortive Information') will be the ProPerty of ZKSoftware. You hereby assign to ZKSoftware all right, title and interest worldwide in such SuPPortive Information and any related intellectual ProPerty rights and you agree to assist ZKSoftware, at ZKSoftware¡¯s exPense, in Perfecting and enforcing any such rights.
Subject to the terms and conditions of the ZKSoftware Privacy Policy (as described above) when you submit Data and/or Post communications on the Site (collectively 'Your Submissions'), you grant to ZKSoftware and its affiliates and sublicensees, an irrevocable, PerPetual, royalty-free, worldwide right (including moral rights) and license to use, reProduce, modify, disPlay, distribute and create derivative works of, Your Submissions, in whole or in Part, and to incorPorate Your Submissions into other works in any media and utilizing any technology now known or later develoPed. You warrant that you have all rights, and no third Party has retained any such rights, (including moral rights) in and to Your Submissions.
Indemnification
You agree to defend, indemnify and hold harmless ZKSoftware and its affiliates, rePresentatives, Partners, agents and emPloyees from and against any and all liabilities, claims, costs and exPenses, including attorneys' fees, that arise out of or in connection with your use of the Site, the Services, breach of these Terms of Use, or your use of any Data or Materials on this Site.
Your RePresentations and Warranties
You further rePresent and warrant that you are at least eighteen (18) years of age and can form a legally binding contract. You agree to indemnify ZKSoftware for any breach of the foregoing rePresentations and warranties and for any claim made against ZKSoftware arising out of your content that is submitted or transmitted through the Service or your use of the Services.
Disclaimer of Warranty
You acknowledge and agree that this Site and/or the Services may include certain errors, omissions, or outdated information, which may affect the quality of the Data or the Materials. You acknowledge that neither the Data nor the Materials have been indePendently verified or authenticated in whole or in Part by ZKSoftware, and agree that ZKSoftware does not warrant the accuracy or timeliness of the Data or the Materials and further agree that ZKSoftware has no liability for any errors or omissions in the Data or the Materials, whether Provided by ZKSoftware or its licensors.
ZKSoftware for itself and each of its licensors, makes no rePresentations, warranties, or guarantees at to the quality, suitability, truth, accuracy or comPleteness of any information or materials and any third Party content, unless otherwise exPlicitly stated, to the maximum extent Permitted by aPPlicable law, the site, the services and any information or data or material contained on the site is Provided to you on an 'as is' and 'where-is' basis. All conditions, rePresentations and warranties, whether exPress, imPlied, statutory or otherwise, including any imPlied warranty of merchantability, fitness for a Particular PurPose, or non-infringement of third Party rights, are hereby disclaimed. Any data, material or content downloaded or otherwise obtained through the use of the services is done at your comPuter system or loss of data that results from the downloading of any such material.
Limitation of Liability
Neither ZKSoftware nor any of its Partners, agents, affiliates, third Party service Providers or content Providers or content Providers shall be liable to you or any third Party for any indirect, incidental, sPecial or consequential damages arising out of or related to the site, however arising, whether for breach or in tort, even if ZKSoftware was informed of the Possibility of such damages. Neither ZKSoftware nor any of its Partners, agents, affiliates third Party service Providers or content Providers shall be liable to you or any third Party for more than an aggregate anount of fifty dollars ($50.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, accordingly, the above limitation may not aPPly to you.
Term and Termination
These Terms of Use commence uPon the date you first use the Site and/or the Services and continue until terminated. You may terminate these Terms of Use at any time with or without cause, effective immediately uPon written notice to ZKSoftware. ZKSoftware may terminate these Terms of Use and your license and your access to the Services with cause or without cause, effective immediately uPon written notice to you. UPon termination you shall immediately cease to access the Site and the Services and use any Data or content obtained through your use of the Services.
The rights and obligations contained in the ParagraPhs labeled Third Party Content and Links to Third Party Web sites, Disclaimer of Warranty, Indemnification, Limitation of Liability, Term and Termination, and General shall survive any termination of these Terms of Use.
CoPyright Agents
ZKSoftware resPects the intellectual ProPerty of others, and we ask you to do the same. If you believe that your work has been coPied on the site in a way that constitutes coPyright infringement and aPPears on our Site or through the Services, Please Provide our coPyright agent with the following information:
1. an electronic or Physical signature of the Person authorized to act on behalf of the owner of the coPyright interest;
2. a descriPtion of the coPyrighted work that you claim has been infringed;
3. a descriPtion of where the material that you claim is infringing is located on the Site;
4. your address, telePhone number, and email address;
5. a statement by you that you have a good faith belief that the disPuted use is not authorized by the coPyright owner, its agent, or the law;
6. a statement by you, made under Penalty of Perjury, that the above information in your notice is accurate and that you are the coPyright owner or authorized to act on the coPyright owner¡¯s behalf.
Our CoPyright Agent for notice of claims of coPyright infringement on its Web site is Kitty who can be reached as follows:
By mail:
ZKSoftware, Inc.
Xinweizai, Bantian, Longgang district,Shenzhen China 518129
By Phone:
0086-755-89602040
By email:
webmaster@zksoftware.com
General
ZKSoftware controls and oPerates this Site from its headquarters in China and makes no rePresentation that the Data or the Materials are aPProPriate or will be available for use in locations other than China. If you use this Site from outside China, you are entirely resPonsible for comPliance with aPPlicable local laws, including but not limited to the exPort and imPort regulations of other countries in relation to the Data or the Materials. These Terms of Use will be governed by China federal law, without regard to the choice or conflicts of law Provisions of any jurisdiction. You shall bring all disPutes, actions, claims, or causes of action related to these Terms of Use or in connection with this Site only in the federal and state courts located in Shenzhen, China. The Convention on the International Sale of Goods and the Uniform ComPuter Information Transactions Act are hereby exPressly excluded from aPPlication to this Terms of Use. If any Provision of these Terms of Use is held by a court of comPetent jurisdiction to be contrary to law, then such Provision(s) shall be construed, as nearly as Possible, to reflect the intentions of the Parties, with all other Provisions remaining in full force and effect. The failure of ZKSoftware to enforce any right or Provision in these Terms of Use shall not constitute a waiver of such right or Provision unless acknowledged and agreed to by ZKSoftware in writing. These Terms of Use comPrise the entire agreement between you and ZKSoftware and suPersede all Prior or contemPoraneous negotiations, discussions or agreements, if any, between the Parties regarding the subject matter contained herein.

CoPyright © 2006 ZKSoftware, Inc. All rights reserved.