Hengshi Analysis Platform Software License Agreement

Welcome to the Hengshi Analysis Platform Software product (hereinafter referred to as "HENGSHI SENSE"). The terms and conditions described below constitute the agreement between you and Beijing Hengshi Technology Co., Ltd. (hereinafter referred to as "Hengshi Technology") regarding the license to use HENGSHI SENSE (hereinafter referred to as "this Agreement"). Once you deploy the image and use HENGSHI SENSE, it indicates that you have accepted the terms and conditions described below.

If you do not agree to accept all the terms and conditions, then you will not be able to use HENGSHI SENSE. When you deploy the Hengshi image, copy, or use HENGSHI SENSE, it indicates that you have agreed to be bound by this Agreement, including but not limited to this Agreement, notices, and privacy policy, etc.

Beijing Hengshi Technology Co., Ltd. reserves the right to modify the aforementioned terms and conditions at any time and only needs to publicize it on the Hengshi Technology product website (www.hengshi.com) without obtaining your prior consent. The modified terms shall take effect immediately upon publicity. If you continue to use HENGSHI SENSE after Hengshi Technology modifies the terms of the agreement, it shall be deemed that you have accepted the modified terms.

Unless authorized in writing by Hengshi Technology, no one is allowed to modify this Agreement.

Article 1 Definitions

Unless otherwise stipulated in this Agreement, the meanings of the following terms are:
HENGSHI SENSE: Refers to the data analysis platform provided by Hengshi Technology. For details, refer to the Hengshi Technology product website (www.hengshi.com) Hengshi Technology software product introduction and explanation. Hengshi Technology reserves the right to change the software product name and functions.

Article 2 How to Use HENGSHI SENSE

  1. You must obtain or use HENGSHI SENSE through channels authorized by Hengshi Technology. Hengshi Technology will not assume any responsibility for the consequences of obtaining or using it by other means.
  2. Partners of the regular channels authorized by Hengshi Technology can be granted different types or levels of channel partner titles according to different types and level requirements. Anyone approved as a Hengshi Technology channel partner can use the "Hengshi Technology Channel Partner" logo and title.
  3. Hengshi Technology reserves the right to change, upgrade, modify, transfer HENGSHI SENSE and its related functions at any time. Hengshi Technology further reserves the right to develop new functions or other language services in the HENGSHI SENSE software system. The provision of all the above new functions and software services, unless otherwise specified by Hengshi Technology, shall still be subject to this Agreement.

Article 3 Software Licensing Fee

  1. The software licensing fee will be collected according to the related charging standard of HENGSHI SENSE. Hengshi Technology will announce the charging standard on the HENGSHI SENSE product website in advance.
  2. All fees must be paid in advance through the payment methods accepted by Hengshi Technology. The aforementioned software licensing fee does not include any other taxes, fees, or related remittance expenses; otherwise, you should make up the payment or pay the fee yourself.
  3. Unless otherwise agreed in this Agreement, the software licensing fee paid by you will not be refunded.
  4. The free trial service shall not be regarded as HENGSHI SENSE waiving the right to charge fees. Hengshi Technology reserves the right to notify you at any time to charge corresponding fees.
  5. Hengshi Technology has the right to unilaterally adjust the fee standard and charging method at any time according to the actual situation and announce it on the HENGSHI SENSE product website without obtaining your prior consent. However, users who have paid the software licensing fee before the adjustment date will not be affected.

Article 4 Your Rights and Obligations

  1. You guarantee: The registration information you submit to Hengshi Technology is true, accurate, timely, detailed, and complete, and you are continually updating your registration information to meet the requirements of being timely, detailed, and accurate; does not contain any content that violates national laws, regulations, and international treaties recognized or acceded to by the People's Republic of China, and all activities you conduct through HENGSHI SENSE are legal, genuine, and do not infringe upon any third party's legal rights.
  2. You promise to Hengshi Technology that all your actions using HENGSHI SENSE comply with national laws and regulations. You will not use HENGSHI SENSE for any illegal purposes or purposes prohibited by this Agreement, terms, and notices.
  3. No act of infringment of the intellectual property rights of HENGSHI SENSE is permitted. You guarantee not to sell, resell, copy, develop the usage rights granted by Hengshi Technology; not to imitate Hengshi Technology's products and services for commercial purposes; not to copy and imitate Hengshi Technology's design concepts, interfaces, functions, and diagrams; not to modify or manufacture derivative products based on this software or its content without the permission of Hengshi Technology.
  4. You further agree not to copy, translate, modify, adapt, enhance, decompile, disassemble, reverse engineer, dismantle, sell, sublease, or make any commercial use of Hengshi Technology and / or any part of it (software products, page identifiers, service brands, information, information). You agree to bind your necessary employees, agents, consultants, or advisors to follow the aforementioned obligations and to be responsible to Hengshi Technology for their violations of the aforementioned regulations as if you had violated them yourself.
  5. You agree that if you use Hengshi Technology to provide services for any third party, Hengshi Technology will not assume any responsibility for disputes between you and the third party.
  6. You promise to bear all legal consequences arising from activities conducted through Hengshi Technology. If your use of Hengshi Technology causes Hengshi Technology or any third party to bear related responsibilities, you must fully compensate Hengshi Technology or any third party for related expenses and losses, including reasonable attorney fees.
  7. If you violate any terms of this Agreement and cause losses to Hengshi Technology or other users, you must bear the full responsibility for compensation. If Hengshi Technology assumes the above responsibility, you agree to compensate Hengshi Technology for related expenses and losses, including reasonable attorney fees.
  8. You agree that if you violate any terms of this Agreement or the various rules and notices of Hengshi Technology, Hengshi Technology has the right to unilaterally decide to terminate your use of HENGSHI SENSE immediately, without prior notice and without refunding any fees collected.
  9. You agree that HENGSHI SENSE collects user's software license certificates through automatic mail and other means to determine the legality of the user's use of HENGSHI SENSE.
  10. You agree to accept various information services provided by Hengshi Technology while using HENGSHI SENSE.

Article 5 Rights and Obligations of Hengshi Technology

  1. Hengshi Technology will license you to use HENGSHI SENSE in accordance with the provisions of this Agreement.
  2. Hengshi Technology has the right to copy and store your information on its servers and use it to contact you for your benefit.
  3. Hengshi Technology has the right to delete any information or links that violate laws, regulations, software license agreements, and various rules at any time, including information that Hengshi Technology reasonably suspects. Hengshi Technology has the right to independently judge whether the information you provide falls within the above scope.
  4. Hengshi Technology is not obligated to monitor your behavior using HENGSHI SENSE. However, Hengshi Technology reserves the right to terminate your use of HENGSHI SENSE at any time, without notice, and for any reason.
  5. Hengshi Technology reserves the right to disclose any information at any time according to the needs of applicable laws, regulations, legal processes, or government requests, or to edit, refuse to transmit, or delete any information or materials entirely or in part at its discretion.
  6. Hengshi Technology guarantees the legality of the HENGSHI SENSE provided by it, which is provided "as is" without any malicious code intended to damage your computer data and obtain your privacy.
  7. The above warranty will replace all other warranties. To the maximum extent permitted by applicable law, hereby replaces all other warranties, conditions, and statements, whether express, implied, oral, statutory, or otherwise, and whether arising out of this Agreement or other agreements, including, but not limited to, implied warranties of non-infringement, merchantability and fitness for a particular purpose.
  8. If your information is deleted or your HENGSHI SENSE license is terminated by Hengshi Technology due to your violation of any terms of this Agreement, the fees you have paid will not be refunded.

Article 6 Third-Party Service Description

You understand and acknowledge that HENGSHI SENSE may contain services provided by third parties, and Hengshi Technology only provides this functional module for your convenience. If you need to use such services, you should separately reach a service agreement with the third-party service provider, pay the corresponding fees, and bear the possible risks. Hengshi Technology does not provide any form of guarantee for services provided by third parties.

Article 7 Intellectual Property Rights

  1. Hengshi Technology owns the copyright, trade secrets, and other related intellectual property rights of HENGSHI SENSE as stipulated in this Agreement, including various documents related to HENGSHI SENSE. Other rights not mentioned in this Agreement are also reserved by Hengshi Technology.
  2. Hengshi Technology, hengshi.com, HENGSHI SENSE, and related Hengshi Technology logos are the intellectual property of Hengshi Technology and are protected by copyright law, trademark law, and other intellectual property laws. Unauthorized copying, imitation, use, or publication of the above logos is prohibited.
  3. Without the prior written consent of Hengshi Technology, you shall not implement, utilize, transfer, or permit any third party to implement, utilize, or transfer the above-mentioned intellectual property rights for any profit-making or non-profit-making purposes.

Article 8 Termination

In any of the following situations, Hengshi Technology has the right to immediately terminate your right to use HENGSHI SENSE without prior notice and without any liability:
1. You failed to pay the software licensing fee for the next charging period after the expiration of the paid use period;
2. You violate the promises, agreements, and provisions of guarantees and consents in this Agreement;
3. You violate the terms, agreements, rules, notices, etc., of Hengshi Technology's website and/or other affiliated company websites, and one of the above websites terminates the service;
4. Other circumstances considered by Hengshi Technology at its discretion that should immediately terminate your use of HENGSHI SENSE.
After the termination of this Agreement, you must immediately stop using HENGSHI SENSE and destroy all documents related to HENGSHI SENSE or copies of relevant media provided by Hengshi Technology within three (3) days. The termination of this Agreement shall not be construed as relieving you of the relevant obligations that should be fulfilled during its effectiveness, including but not limited to payment obligations.

Article 9 Disclaimer and Limitation and Exclusion of Liability

  1. Hengshi Technology will not be liable for damages of any nature resulting from interruptions or inoperability of telecommunications systems or the internet, technical failures, computer errors or viruses, damage or loss of information or other causes beyond the reasonable control of Hengshi Technology.
  2. Hengshi Technology does not guarantee that HENGSHI SENSE will operate without interruption or error, does not guarantee that Hengshi Technology will correct all defects of HENGSHI SENSE, nor does it guarantee that HENGSHI SENSE will meet all your requirements.
  3. If the abnormal interruption or other technical failure of HENGSHI SENSE is caused by Hengshi Technology, you agree that the only compensation you receive does not exceed the total amount of related software licensing fees already received by Hengshi Technology under this Agreement.
  4. To the extent permitted by applicable law, neither party shall be liable for data loss and/or damage and any indirect, incidental, special, consequential loss to the other party (including but not limited to lost profits, business interruption, loss of business information, goodwill damage or other financial losses).
  5. If you are dissatisfied with any part of HENGSHI SENSE or any part of the terms of this Agreement, your sole and entire solution is to stop using HENGSHI SENSE.

Article 10 Force Majeure

If due to natural disasters, hacker attacks, government control, paralysis of network communications, and other events whose occurrence and consequences cannot be foreseen, both parties confirm that this is an act of force majeure; the parties should negotiate to decide whether to terminate this Agreement, exempt the fulfillment of part of the obligations of this Agreement, or postpone the fulfillment of this Agreement based on the degree of influence of the force majeure on the performance of this Agreement.

Article 11 Laws and Dispute Resolution

  1. This Agreement is governed by the laws of the People's Republic of China. If there is no clear legal provision for a specific matter related to this Agreement, general international commercial practices and (or) industry practices should be referred to.
  2. In the event of disputes arising from the conclusion, performance, or interpretation of this Agreement, the parties should strive to resolve it through friendly negotiation. If the negotiation is unsuccessful, either party has the right to file a lawsuit with the people's court with jurisdiction over the server hosting location of HENGSHI SENSE.

Article 12 Assignment of Agreement

Unless you obtain the prior written consent of Hengshi Technology, you may not transfer the rights and obligations under this Agreement to any third party.

Article 13 Other

  1. This Agreement constitutes the complete agreement between you and Hengshi Technology regarding the use of HENGSHI SENSE and supersedes all prior oral and written consensus between the parties regarding any matter contained in this Agreement.
  2. If any clause of this Agreement is deemed invalid or unenforceable, the above clauses can be separated, and the remaining parts will still have legal effect.
  3. The titles of this Agreement are set for easy reading only, not for the definition, restriction, interpretation, or description of the scope or boundaries of the clauses.
  4. The waiver of rights stipulated by this Agreement by Hengshi Technology when you have an oversight or breach shall not be deemed a waiver of your other or subsequent similar oversight or breach.
  5. Hengshi Technology has the right to modify this Agreement at any time according to the changes in laws and regulations of the People's Republic of China, the development of the internet, and the adjustment of the company's operating conditions and operating strategies. If you want to continue using HENGSHI SENSE, it is necessary to carefully read and confirm the latest "HENGSHI SENSE Software License Agreement". In the event of a dispute, the latest agreement shall prevail. If you do not agree to the changed content, you can notify Hengshi Technology in writing to terminate your use of HENGSHI SENSE and delete HENGSHI SENSE yourself. If you continue to use HENGSHI SENSE, it is deemed that you accept the changes to this Agreement.