Goods and Services Agreement
Welcome to SUSE operating system image. This Image End User Agreement (" This Agreement ") is a legal agreement between you (" Customer ") and Huawei Software Technologies Co., LTD. (" Service Provider ") for providing you with SUSE operating system image (" this Image ").
I. Entry into force of the Agreement
1. Effective upon user confirmation: The online version of this agreement is provided by the service provider. When purchasing this image, users should read this agreement carefully and keep this agreement checked before entering the next purchase process. Once the agreement is confirmed by the user, it shall have the contract effect and be legally binding on the service provider and the user.
2. Valid for use: Users can use the image through mirroring or other methods. The Service provider will provide an online version of this Agreement for users to read at the appropriate stage. By using this image in any of the foregoing ways, the User agrees to accept all terms of this Agreement. If the user does not accept the terms of this agreement, do not use this image.
Second, the definition of
1. SUSE OS image means that Huawei software Technologies Co., Ltd. obtains SUSE OS image products under the CSP protocol with SUSE, makes them into image products, and publishes them to end users in Huawei cloud market.
3. License
1. This image is protected by copyright law, international copyright treaties and other relevant intellectual property laws, regulations and treaties. This software product | services for authorized users use license, rather than selling.
2. The copyright of this image belongs to SUSE.
3. In accordance with the provisions of this Agreement, service Provider grants user a non-exclusive and non-transferable license to use the image. Users may not resell or otherwise transfer this license for commercial gain.
Iv. Fees:
1. Users shall pay all fees for using the image according to the price system of the image. Service provider reserves the users are not in accordance with the contract to pay all the money before to | or technical support and service for the user, or the right to terminate service and | or technical support.
2. If the name, specifications or price of this image has been adjusted, the user agrees to renew the time according to the name, specifications or price of the new image in effect at that time; If the user does not agree with the name, specifications, or price of the new image, the image will not be renewed. The image will automatically terminate upon expiration.
V. Rights and obligations of users
1. Users guarantee that their use of the image complies with the provisions of national laws and regulations, is legal and true, and does not infringe on the legitimate rights and interests of any third party.
2. The users use the mirror should comply with SUSE end-user agreement, see https://www.suse.com/licensing/eula/ for details
3. User shall pay the fees of the image in full and on time (if any), otherwise, Service Provider reserves the right to terminate user's use of the image at any time, and User shall be solely liable for any damage that may be caused by termination of the Image by Service Provider.
4. User warrants that it shall not reverse engineer, decompile, or unassemble this image except for and only for activities expressly permitted by law.
5. The User understands and agrees that
(1) Due to the limitations of existing technology, the mirror provided by the service provider may have defects, and it is not guaranteed that the mirror can be normally executed or the results expected by users can be achieved under any circumstances.
Vi. Rights and obligations of service providers
1. Service provider warrants that it has the legal right to provide users with the license to use this image and guarantees the legality of its copyright.
2. Service Provider undertakes that its act of providing users with the image does not infringe the legitimate rights and interests of any third party, including but not limited to the intellectual property rights of the third party. If users are subject to any legal action or administrative proceedings (" Infringement charges ") initiated by any third party as a result of its actions, Service Provider shall bear its legal liability and consequences.
3. The service provider is responsible for the timely upgrade, maintenance and management of the image, and provides users with free consulting and technical support services through telephone and online customer service.
4. The service provider undertakes to ensure the stability and continuity of the images it provides to users. If the user's license to use this image needs to be terminated in advance due to the reasons of the service provider, the service provider shall fulfill the corresponding obligation of refund to the user (if any). If any loss is caused to the user, the service provider shall bear the full compensation liability.
5. The service provider undertakes that the image it provides to users does not contain:
(1) any virus, sabotage program, computer worm, timer bomb or other computer program that deliberately destroys, interferes with, secretly intercepts or usurps any system, data or personal data;
(2) Any known vulnerabilities, backdoors, malware;
(3) Other unsafe contents that may damage the system security of users.
6. Limitation of liability: To the maximum extent permitted by applicable law, Service Provider will not be liable for any indirect, accidental, direct, special, punitive or other damages (including but not limited to damages caused by personal injury or damage to property) arising out of or in connection with the use or inability to use this Image, Due to loss of profit, loss of data, interruption of business, the computer to crash or damages caused by fault, commercial information lost, for failing to perform any liability including integrity or quite attention cause privacy and damage, the damage caused by negligence, or for any pecuniary loss or damage caused by any other loss) shall bear the liability for compensation, Even if the service provider is informed of the possibility of damage.
Vii. Use and disclosure of user data
1. For the purpose of serving users, Service Providers may use User data to provide services to users, including but not limited to sending product and service information to users.
2. Service providers will not disclose user data without user's permission. However, user data will be disclosed in part or in whole under the following circumstances:
(1) Disclosure to a third party with the consent of the user;
(2) Disclose to a third party or administrative or judicial institution according to relevant provisions of laws or requirements of administrative or judicial institutions;
(3) If users violate relevant Ireland laws and regulations, they need to disclose to a third party;
(4) In order to provide software or services required by users, user data must be shared with a third party.
3. Users agree to the SUSE privacy policy when using the SUSE product. For details, see https://www.suse.com/company/legal/
Viii. Term and Termination
1. The term of this image is [on demand, monthly, 1 year, 2 years, 3 years, depending on the product cycle purchased by the user].
2. Service Provider shall have the right to terminate the provision of the image without assuming any responsibility under any of the following circumstances:
(1) The image purchased by users has expired and has not been renewed;
(2) The User seriously violates the provisions of this Agreement and fails to correct after the Service Provider notifies the user to do so.
Ix. Modification of the Agreement
1. If any content of this Agreement changes, Service Provider shall prompt users to modify the content in an appropriate way.
2. If the user does not agree with the modification of the terms of this agreement made by service provider, the user has the right to stop using the image. In such case, Service Provider shall refund the remaining fees (if any) to User and give User a reasonable period of time before terminating the Service to perform data backup, download, save, migrate and other necessary work. If the user continues to use the image, it shall be deemed that the user accepts the modification of the relevant terms of this Agreement made by the service provider.
Law and dispute resolution
1. The conclusion, execution and interpretation of this Agreement and dispute resolution shall be governed by [Laws of the People's Republic of China].
2. Any dispute arising from the execution, performance or interpretation of this Agreement shall be settled by both parties through friendly negotiation. If no agreement can be reached through negotiation, either party shall file a lawsuit with the People's Court of [place of defendant].
11. Supplementary Provisions
1. If any provision of this Agreement is deemed to be invalid or unenforceable, such provision may be separated and the remainder shall remain in force.
2. Headings in this Agreement are for convenience only and do not define, limit, interpret or describe the scope or limits of the terms.
3. Service Provider may transfer all of its rights and obligations under this Agreement to a third party on the premise of [30] business days' prior notice to the User based on its own operating conditions without obtaining the prior consent of the User. The assignee of the service provider shall be bound by this Agreement, and the service provider and its assignee shall be jointly and severally liable for the performance of this Agreement.