| Before downloading the software and documents provided on this Web page |
| (Software and Document), you have read, understood and agreed to the |
| following: |
| |
| 1.The Government of the Hong Kong Special Administrative Region (HKSARG) has |
| the sole discretion to amend or vary the terms under this Terms of Use from |
| time to time. |
| |
| 2.By using the Software and Document, you irrevocably agree that the HKSARG |
| may from time to time vary this Terms of Use and you also irrevocably agree |
| to be bound by the most updated version of the Terms of Use. |
| |
| 3.You have the sole responsibility of obtaining the most updated version of |
| the Terms of Use which is available in the "Digital 21" Web site |
| (http://www.info.gov.hk/digital21/eng/hkscs/terms/terms_linux.html). |
| |
| 4.By accepting this Terms of Use, HKSARG shall grant you a non-exclusive |
| licence for your use only of the Software and Document. |
| |
| 5.Except as specifically authorised in Clause 15, you are not allowed to |
| make copies of the Software and Document and distribute the Software and |
| Document. |
| |
| 6.The Software and Document are copyrighted. Title to the Software and |
| Document and all associated intellectual property rights are retained by the |
| HKSARG. |
| |
| 7.You understand and agree that use of the Software and Document are at your |
| sole risk, that any material and/or data downloaded or otherwise obtained in |
| relation to the Software and Document is at your discretion and risk and |
| that you will be solely responsible for any damage caused to your computer |
| system or loss of data or any other loss that results from the download and |
| use of the Software and Document in any manner whatsoever. |
| |
| 8.In relation to the Software and Document, HKSARG hereby disclaims all |
| warranties and conditions, including all implied warranties and conditions |
| of merchantibility, fitness for a particular purpose and non-infringement. |
| |
| 9.HKSARG will not be liable for any direct, indirect, incidental, special or |
| consequential damages of any kind resulting from the use of or the inability |
| to use the Software and Document even if HKSARG has been advised of the |
| possibility of such damages. |
| |
| 10.You agree not to sue HKSARG and agree to indemnify, defend and hold |
| harmless HKSARG, its officers and employees from any and all third party |
| claims, liability, damages and/or costs (including, but not limited to, |
| legal fees) arising from your use of the Software and Document, your |
| violation of the Terms of Use or infringement of any intellectual property |
| or other right of any person or entity. |
| |
| 11.The Terms of Use will be governed by and construed in accordance with the |
| laws of Hong Kong. |
| |
| 12.Any waiver of any provision of the Terms of Use will be effective only if |
| in writing and signed by HKSARG or its representative. |
| |
| 13.If for any reason a court of competent jurisdiction finds any provision |
| or portion of the Terms of Use to be unenforceable, the remainder of the |
| Terms of Use will continue in full force and effect. |
| |
| 14.The Terms of Use constitute the entire agreement between the parties with |
| respect to the subject matter hereof and supersedes and replaces all prior |
| or contemporaneous understandings or agreements, written or oral, regarding |
| such subject matter. |
| |
| 15.In addition to the licence granted in Clause 4, HKSARG hereby grants you |
| a non-exclusive limited licence to reproduce and distribute the Software and |
| Document with the following conditions: |
| |
| (i) not for financial gain unless it is incidental; |
| (ii) reproduction and distribution of the Software and Document in |
| complete and unmodified form; and |
| (iii) when you distribute the Software and Document, you agree to attach |
| the Terms of Use and a statement that the latest version of the Terms of Use |
| is available from the "Digital 21" Web site |
| (http://www.info.gov.hk/digital21/eng/hkscs/terms/terms_linux.html). |