Access to and use of Westlaw China (www.westlawchina.com) is subject to the terms of the agreement below ("Agreement").
1. User and This Agreement.
1.1 Please carefully read the terms of Agreement before using the Service of Westlaw China (the "Service" or "Westlaw China Service" means a on-line computer-assisted legal search service offered by Westlaw China to users. If you completely agree with and accept the terms of Agreement, please click "I agree" below, and you will become an authorized user of Westlaw China ("User"), and expressly agree to be bound by the terms of Agreement. If you disagree with the terms of Agreement, please do not click "I agree", as a result, you may not access Westlaw China and enjoy the respective Service. User may initiatively cancel the Westlaw China Service if User disagrees with the terms of Agreement during using; by continued use of the Westlaw China Service, User will be treated as having understood and completely agreed with the contents of the terms of Agreement, including any amendments made by Westlaw China from time to time.
1.2 You may not use the Service and may not accept the terms of Agreement if (a) User has not come of age to form a binding contract with Westlaw China, or (b) User is a person barred from receiving the Service under the applicable law.
1.3 This Agreement constitutes a legally binding agreement between User and Westlaw China in relation to User's use of Service. It is important that User takes the time to read it carefully.
2.1 By compliance with all terms of Agreement as updated, and within the service scope purchased by User in specific purchase order, User is granted a non-transferable, non-sublicense, non-exclusive and time-limited license to access and use the legal search service of Westlaw China database provided by Westlaw, which includes but not limited to Chinese laws, regulations, judicial interpretations, rules of the departments , local regulations, treaties, judgment writs, judgment outlines, expert commentaries, periodicals, Westlaw China Updates, legal topics and respective unofficial English translations, and other contents, features, data, databases, services and functions (collectively as "Service Contents"). Among others, the access to certain Service Contents may be limited.
2.2 Use of Service
For using Westlaw China Service, User is responsible for:
(a) providing all equipment necessary to access the internet, including computer, modem or other equipment necessary for the access;
(b) bearing telephone fee, network fee and all other fees incurred from the use of Service.
During the use of Service, User shall comply with laws of guarding secretes, copyrights and safety protection of computer information system and other related laws and regulations. Please note that Westlaw China reserves the right at any time, without any prior notification, to terminate the Service offered to User, provided that Westlaw China on reasonable ground believes that the conduct of User may violate related laws, regulations and this Agreement.
2.3 User acknowledges that the laws, translations and/or other contents, features, data and functions contained in the Service Contents are provided for the purpose of study and research only, all of which shall not be construed as formal legal opinions.
2.4 Westlaw China is constantly innovating in order to provide the best possible experience for its users. User acknowledges and agrees that the form and nature of the Service and the Service Contents which Westlaw China provides may change from time to time without prior notice to User.
3. Restrictions on the use of Service Contents.
3.1 User may only use the Service and the Service Contents to the extent as follow:
(a) on-line searches for and reviews data in Westlaw China database by way of retrieval or browsing;
(b) downloads, stores partial necessary data for the purpose of User's self work and research only;
(c) quotes and extracts data (appropriately quoted and referred) into User's work by electronic cutting and pasting or other means.
Except for the above, without express permission by this Agreement, User shall not copy, download, obtain, store, release, transmit, transfer, convey, distribute, spread, broadcast, pass round for perusal, sell or use the Service Contents in other ways.
3.2 Within the extent provided for in the above 3.1, User may download and temporarily store insubstantial portions of Data ("Downloaded Data") into a storage device under User's exclusive control, as well as quote and extract Data (appropriately quoted and referred) into User's created work products by electronic cutting and pasting or other means. Unless otherwise expressly permitted by the Agreement or quoted in User's work products, User shall not download Data to store or use into archive database or other information retrieval systems. User shall not sell, license, or distribute Data (including printouts and Downloaded Data) to any third party, nor use the Data as a component of or as a basis for any material offered for sale, license or distribution.
3.3 User may use the data cached in User's local disk driver solely for convenient of access to westlawchina.com. The performance of westlawchina.com may vary, depending on the equipments used which are from different manufacturers; some software used by User may not support westlawchina.com as well. Westlaw China has no responsibility to such relevant risks and problems, which shall be at User's sole responsibilities.
3.4 User shall not provide any third party unauthorized by Westlaw China with the username and password provided by Westlaw China to access the Service.
3.5 User shall not use the Service in the following ways:
(a) violate the mandatory and prohibitive provisions of Chinese laws and regulations.
(b) provide all or part of the Service Contents to the clients of legal services as legally binding opinions.
(c) unless otherwise specially permitted in a separate agreement between User and Westlaw China, User agrees not to re-produce, duplicate, copy, sell, trade or resell the Service Contents for any purpose.
(d) delete, erase, remove, abrade or overlay any trademark, trade name, figure, copyright or any other declarations of ownership, warranty, clue of origin, method of identification, exemption or declarations used in relation to Data.
(e) User acknowledges and agrees that access to some Data is subject to Westlaw China's restrictions, and agrees that User will not access any such restricted Data for any purpose. Westlaw China reserves the right to temporarily or permanently block User's access to certain Data if Westlaw China believes that the Data may be used for an improper purpose or otherwise in violation of this Agreement. By accessing Data, User acknowledges that from time to time, Westlaw China and/or various government entities may inquire as to User's compliance with applicable laws or this Agreement. User agrees to cooperate with any such inquiry. User shall immediately report to Westlaw China any misuse, abuse, or compromise of Data of which User becomes aware.
3.6 Westlaw China reserves the right to terminate any Service provided to User and to seek legal actions against User if User in violation of the Agreement uses the Data provided by Westlaw China in an inappropriate way.
4. Proprietary rights of Westlaw China.
4.1 Modifications of Agreement. Westlaw China may, at any time without prior notice, amend this Agreement and modify, enhance or delete Service Contents. An announcement will be posted on Westlaw China's website for any amendment of the terms of Agreement. The terms as amended will be effective immediately upon Westlaw China's posting. User is responsible for regularly reviewing this Agreement. By continued use of the Service of Westlaw China, User accepts and agrees to be bound by the Agreement as amended.
4.2 User acknowledges and agrees that the Service Contents, Westlaw China and its format, layout, data structure and classification system, etc. contains the proprietary and confidential information that is protected by the applicable intellectual property and other laws. User further acknowledges and agrees that the Service Contents, Westlaw China and its format, layout, data structure and classification system, etc. are protected by the applicable laws of copyright, trademark right, service mark patent or other proprietary rights.
4.3 westlawchina.com is a on-line service system, through which User may access Westlaw China. Westlaw China grants to User a non-exclusive, non-transferrable and limited license to use westlawchina.com. User shall not reverse engineer, decompile, disassemble or otherwise attempt to obtain any source code of the components of westlawchina.com, nor copy all or part of components of the westlawchina.com.
4.4 User shall not reverse engineer or otherwise attempt to discern westlawchina.com and its form, layout and data structure.
4.5 Except as expressly agreed in a separate written agreement between User and Westlaw China, User has not been granted any right to Westlaw China's corporate name, trademark, service mark, identification, domain name and other significant brand characters under any terms of this Agreement. User agrees not to delete, obscure, or alter any proprietary rights declarations (including copyright and trade mark declarations) which may be affixed to or contained in the Service.
5. User's Password and Account Security.
5.1 User agrees and understands that User is responsible for maintaining the security and confidentiality of passwords associated with any account you use to access the Service. Accordingly, User agrees that User will be solely responsible to Westlaw China for all activities that occur under User's accounts.
5.2 If User becomes aware of any unauthorized use of User's password or of User's account, User agrees to notify Westlaw China immediately.
5.3 Westlaw China undertakes that, except as lawfully authorized by User, Westlaw China will not publish, edit or disclose User's registered information and non-published contents conserved in Westlaw China, unless:
(a) required by relevant laws, regulations or lawful service process of Westlaw China;
(b) required for maintaining the rights and interests of User and public in emergency.
6. Declaration of Exception and Scope of Liability.
6.1 USER AGREES THAT USER IS SOLELY RESONSIBLE FOR ANY CONTENT THAT USER CREATES, TRANSMITS OR DISPLAYS WHILE USING THE SERIVCE AND FOR THE CONSEQUENCES OF USER'S ACTIONS, ESPECIALLY FOR THE LEGAL CONSEQUENCES AS A RESULT OF PROVIDING LEGAL OPINIONS. WESTLAW CHINA HAS NO RESPONSIBILITY TO USER OR TO ANY THIRD PARTY.
6.2 EXCEPT AS SPECIFICALLY PROVIDED HEREIN, WESTLAW CHINA, FEATURES DATA, AND WESTLAWCHINA.COM ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, NO-OMISSION AND NO-DELAY. IN NO EVENT SHALL WESTLAW CHINA BE LIABLE TO USER FOR ANY CLAIM(S) RELATING IN ANY WAY TO (I) USER'S INABILITY OR FAILURE TO PERFORM WORK OR TO PERFORM SUCH WORK PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON DATA; (II) ANY LOST PROFITS OR OTHER INDIRECT, EXEMPLARY, INCIDENTAL, OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO USER'S RIGHTS HEREUNDER OR USE OF, OR INABILITY TO USE, WESTLAW CHINA, FEATURES, DATA OR WESTLAWCHINA.COM, EVEN IF WESTLAW CHINA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (III) THE PROCURING, STORING, AMENDING, COMPLETING, INTERPRETING, EDITING, WRITING, QUOTING, REPORTING OR DELIVERING, DISTRIBUTING DATA. FURTHER, WESTLAW CHINA SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIM(S) RELATING IN ANY WAY TO ANY THIRD PARTY FEATURE, OR FOR ANY CLAIM, ACTION, LIABILITY OR DAMAGE RELATING IN ANY WAY TO USER'S ACCESS TO AND USE OF THE INTERNET, INCLUDING ANY INTERNET LINKS OR URLS PROVIDED. WESTLAW CHINA MAKES NO WARRANTY THAT ACCESS TO WESTLAW CHINA WILL BE UNINTERRUPTED, SECURED, COMPLETE, OR ERROR FREE. NOR DOES WESTLAW CHINA MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL OR THIRD PARTY WEB SERVICE. TRANSLATIONS ARE NOT OFFICIAL AND ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. WHILE EVERY EFFORT WAS MADE TO ENSURE ACCURACY AND COMPLETENESS, WESTLAW CHINA IS NOT RESPONSIBLE FOR ERRORS, OMISSIONS, COMPLETENESS, CURRENTNESS OR DELAYS. USER ACKNOWLEDGES THAT PROVISION OF WESTLAW CHINA ENTAILS THE LIKELIHOOD OF SOME HUMAN OR MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA.
6.3 LIMITATION OF LIABILITY
USER EXPRESSLY UNDERSTANDS AND AGREES THAT WESTLAW CHINA AND/OR ITS AFFILIATES SHALL NOT BE LIABLE TO USER FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY USER HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFITS (WHETHER INCURED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY USER, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY USER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY SERVICE;
(II) ANY CHANGES WHICH WESTLAW CHINA MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FUNCTIONS DURING THE SERVICE);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH USER'S USE OF THE SERVICE;
(IV) USER'S FAILURE TO PROVIDE WESTLAW CHINA WITH ACCURATE ACCOUNT INFORMATION;
(V) USER'S FAILURE TO KEEP PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
(C) WESTLAW CHINA HAS NO RESPONSIBILITY FOR ANY LIABILITY OR LOSS INCURRED AS A RESULT OF WESTLAW CHINA'S DELAY OF OR FAILURE TO PERFORM THE AGREEMENT DUE TO EVENTS OUT OF REASONABLE CONTROL, INCLUDING NATURAL DISASTER, STRIKE, DISTURBANCE, LACK OF MATERIAL, RIOT, WAR, GOVERNMENT ACTION, MALFUNCTION OF COMMUNICATION FACILITIES AND OTHER FACILITIES AND ALL FACTORS IRRESISTABLE BY MANPOWER.
6.4 ANY ADVICES OR INFORMATION OBTAINED BY USER FROM WESTLAW CHINA OR BY WAY OF THE SERVICE, WHETHER IN THE WRITTEN OR ORAL FORM, WILL NOT CONSTITUTE ANY GUARANTEE IN ADDITION TO THE TERMS OF THE SERVICE UNLESS OTHERWISE EXPRESSLY PROVIDED UNDER THE TERMS OF THE SERVICE.
7.1 If any provision(s) of this Agreement is determined by a court to be void, unenforceable or illegal, the validity or enforceability of the other provisions of the Agreement will not be affected. Westlaw China is entitled to amend the void, unenforceable or illegal provision(s) to be valid, enforceable and legal. Such amendments automatically become a part of this Agreement.
7.2 Failure to enforce any provision of this Agreement will not affect a party's right to enforce such provision thereafter. Failure to take actions for User or third parties' breaches of agreements is not construed as a waiver for Westlaw China to take actions for any subsequent or similar breaches of agreements in future.
7.3 The headings contained in this Agreement are inserted for convenience only and do not constitute a part hereof.
8. Term and Termination.
8.1 This Agreement will come into effect upon User's first access to Westlaw China.
8.2 Westlaw China may at any time terminate this Agreement under the following circumstances:
(a) User has breached any provision of the Agreement ( or has acted in manner which clearly shows that User does not intend to, or is unable to comply with the provisions of the Agreement); or
(b) Westlaw China is required to do so by law ( for example, where the provision of the Service to User is, or becomes, unlawful); or
(c) The partner with whom Westlaw China offered the Service to User has terminated its relationship with Westlaw China or ceased to offer the Service to User; or
(d) Westlaw China has changed into no longer providing the Service to User in the country in which he lives or from which he uses the Service; or
(e) The provision of the Service to User by Westlaw China is, in Westlaw China's opinion, no longer commercially viable.