最終更新日:2022-06-16 14:05:33
General.
CDNetworks Enterprise Secure Access service is an enterprise product offered by CDNetworks Inc. and its global affiliates (each separately, and collectively, “CDNetworks” or “us”) to entities that have successfully subscribed to the CDNetworks Enterprise Secure Access service (“Enterprise Secure Access Customer”). If your company is not a CDNetworks Enterprise Secure Access Customer, please DO NOT attempt to download, install, access or use CDNetworks Enterprise Secure Access.
Before you start using CDNetworks Enterprise Secure Access service, CDNetworks believes that you have fully read, understood and accepted the following terms & conditions as well as all the exhibits and annexes (hereinafter collectively referred to as “the Agreement”). Your use of the CDNetworks Enterprise Secure Access service on your mobile device or PC is expressly conditioned on your acceptance of the terms and conditions of this Agreement. By clicking “Next” button and logging in to your CDNetworks Enterprise Secure Access account, you agree to the terms and conditions of this Agreement. If you do not agree to or wish to be bound by this Agreement, please do not access or use CDNetworks Enterprise Secure Access service.
You agree that CDNetworks may modify, amend or update this Agreement from time to time and adjust the relevant services, functions, rules, and product introductions accordingly (including without limitation, the specifications, characteristics, API interface) and such modifications, amendments or adjustments will be posted on CDNetworks Website. You are also advised to regularly check for any amendments or updates at the Website. Your continuous use of CDNetworks Enterprise Secure Access service will signify your acceptance of the changed terms. You can choose to stop using CDNetworks Enterprise Secure Access service if you do not agree with or wish to be bound by the changes.
Account.
At the login screen, you are required to fill in your identity credential information such as Enterprise ID, account name and password to verify your identity.
You should be responsible for all the operations under your account. To put it specifically:
License Granted.
Subject to your acceptance and compliance with the terms and conditions of this Agreement and your company’s successful subscription to the Enterprise Secure Access service, CDNetworks hereby grants you a revocable, non-exclusive, non-transferable, none-sublicensable right to use the Enterprise Secure Access service on your mobile device (or portable computer) during your company’s subscription period. You hereby represent and warrant that:
You will not:
You commit to indemnify and hold the Company as well as its affiliates, directors, shareholders, partners, and employees harmless from and against any claims, liabilities, losses or damages arising out of or in connection with any breach of the above by you.
CDNetworks reserves the right to deactivate your account, suspend or terminate the Enterprise Secure Access service in the case that you violated the laws and regulations applicable or you are in breach of this Agreement.
CDNetworks’ Responsibility.
DISCLAIMER.
THE SERVICES ARE PROVIDED “AS IS”. EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, CDNETWORKS: (A). MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE ENTERPRISE SECURE ACCESS SERVICE AND (B). DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE; (III) THAT THE ENTERPRISE SECURE ACCESS SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED.
Scope and Limitation of Liability.
Privacy and Personal Information Protection.
Once you accept this Agreement or begin using CDNetworks Enterprise Secure Access service, you agree that the Company may use or disclose your personal information according to the following terms:
Intellectual Property Rights.
Except for third party products or services, all contents on CDNetworks Enterprise Secure Access service, including without limitation, the works, pictures, archives, information, materials, architectures, and page designs are all owned by CDNetworks or its Affiliates according to law. The rights including trademark right, patent right, copyright and business secret right.
Unless with the written consent of CDNetworks or its Affiliates, nobody may use, modify, copy, publicly disseminate, alter, spread, distribute or publish the programs or contents of CDNetworks Enterprise Secure Access service.
It is your obligation to respect the intellectual property rights. We deemed that your entry into of this Agreement implies that you have accepted the foregoing terms and conditions. In case of any breach, you shall be liable for all the damages and the Company reserves the right to terminate this Agreement.
Miscellaneous.
DEFINITION AND INTERPRETATIONS.
“Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with a Party. For purpose of the foregoing, “control” shall mean the ownership of more than fifty percent (50%) of the (i). voting power to elect the directors of the said entity; or (ii). ownership interest in the said entity.
“API” means an application program interface.
“Applicable Law” means any laws, statutes or ordinances, and any regulations, rules, circulars issued by any governmental authority, taxing authority pursuant to such laws, statutes and ordinances in any jurisdiction.
“CDNetworks Materials” means: (i) CDNetworks Technology; (ii) any software, tools, designs, documentation, brochure, information, data, know-how, ideas, works or similar items that are independently developed or otherwise obtained by CDNetworks and being provided you for the provision of the Services; and (iii) all Intellectual Property Rights and proprietary rights in, and any enhancements, improvements, modifications, or derivative works to the foregoing.
“CDNetworks Technology” means CDNetworks’ (and/or its licensor’s) proprietary technology used by CDNetworks to provide the Services.
“Confidential Information” the following shall be deemed “Confidential Information” for purposes of this Agreement: (i). the provisions of this Agreement; (ii). CDNetworks Materials; and (iii). all information provided to a Party (the “Receiving Party”) by the other Party (the “Disclosing Party”) where given the nature of the information or circumstances of the disclosure, would reasonably be considered confidential, including without limitation, technical, operational, marketing, billing, pricing and commercial information in relation to the supply of Services.
Notwithstanding the foregoing, Confidential Information shall not include information or materials that are: (i). publicly available prior to the date received by the Receiving Party or subsequently came to be publicly available through no wrongful act or omission of the Receiving Party; (ii). lawfully disclosed to the Receiving Party by a third party under no obligation to the Disclosing Party known to such third party and without restriction on use or disclosure; or (iii). independently developed by the Receiving Party or any of its employees, consultants, or agents without reference to the Confidential Information of the Disclosing Party.
“Force Majeure Event” means any cause beyond a Party’s reasonable control, including, without limitation, any act of God or nature, act of war, earthquake, typhoon, flood, fire or other similar casualty, embargo, riot, terrorism, epidemic, condemnation, inability to procure materials or transportation facilities, failure of power, court order, failure of the Internet, failure of a supplier or other cause, whether similar or dissimilar to the foregoing, not resulting from the actions or inactions of such Party and whether physical or electronic.
“Governmental Authority” means any governmental or quasi-governmental body, irrespective foreign or domestic, including any department, agency, commission, bureau or other administrative or regulatory bodies, courts, public utilities and telecommunication authorities.
“Governmental Authority” means any governmental or quasi-governmental body, irrespective foreign or domestic, including any department, agency, commission, bureau or other administrative or regulatory bodies, courts, public utilities and telecommunication authorities.
“Intellectual Property Rights” means: (i) any and all intellectual property rights and proprietary rights provided under copyright, patent rights, trade or service marks, logos, design rights, rights in or relating to databases, rights in or relating to Confidential Information, know-how and any other intellectual property rights (registered or unregistered) throughout the world, including those which may provide a right in either ideas, formulae, algorithms, concepts, inventions, designs, software, or know-how generally, or the expression or use of such ideas, formulae, algorithms, concepts, inventions, designs, software, or know-how; and any and all applications, registrations, licenses, sub- licenses, franchises, agreements, or any other evidence of a right in any of the foregoing.
++Exhibits: ++
Exhibit A. CDNetworks Enterprise Secure Access Service Usage Policy
In order to protect your rights and interests in using CDNetworks Enterprise Secure Access Service, you understand and accept that:
During your use of CDNetworks Enterprise Secure Access service, the rules for using CDNetworks Enterprise Secure Access service shall include this Usage Policy, and messages (text messages or e-mails) sent to you by CDNetworks. Your use of CDNetworks Enterprise Secure Access service indicates your acceptance of these rules. You acknowledge and agree that CDNetworks may at its sole discretion amend the relevant rules for enhancing the Service and such amendments do not need to have your prior consent. Service rules should be subject to page notifications (including without limitation, group text messages, phone calls, or announcements on the website) at the time you use the Enterprise Secure Access service. Your agreement and compliance with the service rules are the prerequisite for using of CDNetworks Enterprise Secure Access service.
CDNetworks may notify you about the service progress and the following steps through appropriate methods (including without limitation, e-mails, group text messages, or website announcements). CDNetworks makes no warranty and assumes no responsibility regarding your receipt or the effectiveness of your receipt of the foregoing information and notices. Please log into to Enterprise Secure Access to check in time during the subscription. CDNetworks takes no responsibility for any disputes or losses arising from your failure to check, modify or confirm the status or to submit the relevant applications in time.
During your use of CDNetworks Enterprise Secure Access service, it is prohibited to use the international networking to endanger state security, disclose state secrets, infringe the rights and interests of any third party, or engage in illegal and criminal activities.
During your use CDNetworks Enterprise Secure Access service, it is prohibited to engage in any of the following activities that endanger the network security:
(i). access to computer information networks or use computer information network resources without permission;
(ii).delete, modify or increase the function of computer information networks without permission;
(iii).delete, modify, or add the applications and data stored, processed or transmitted in the computer information networks without permission;
(iv).deliberately produce and disseminate destructive programs such as computer viruses;
(v).other activities that harm the network.