Scope

Any use of this website provided by Smart Metering Solutions (Changsha) Co., Ltd. and/or its affiliates (“Smart Metering Solutions”), “Smart Metering Solutions Website”, is subject to the Legal Statement. The Legal Statement may be amended, modified or replaced by other terms and conditions, e.g . for the purchase of products and services. With log-in, or where a log-in is not required, in accessing or using the Smart Metering Solutions website the Legal Statement are accepted in their then current version. By accessing this website, you acknowledge that you have read, understood and agreed to the following terms.

Except as otherwise noted, this Legal Statement is not applicable to the use of other website through the Smart Metering Solutions website.

Services

This Smart Metering Solutions website contains specific information and software, as well as – as the case may be – related documentation, for viewing or downloading. This website and its contents are provided for your convenience only.

Smart Metering Solutions may stop the operation of the Smart Metering Solutions Website in full or in part at any time without notice. Although Smart Metering Solutions has attempted to provide accurate information on this website, it assumes no obligation or responsibility whatsoever regarding the accuracy and completeness of the information.

Software Content

Smart Metering Solutions own and retain all rights, including all applicable intellectual property rights, in all software on this website, in both source and binary forms, sample code, APIs, SDKs, associated documentation, and other related materials (collectively, “Software Content”).

Unless you have obtained relevant license through other agreement entered between you and Smart Metering Solutions, nothing in this Legal Statement grants any right or license to Software Content to you, and you shall not:

• reverse engineer, decompile, disassemble, split, adapt, implant, or implement other derivative works on the Software Content;
• research the internal implementation of Smart Metering Solutions products, obtain product source code, or steal intellectual property rights in any manner; and/or
• disclose results of any benchmark tests.

 

Trademark

All trademarks and logos displayed, mentioned or otherwise used in this Website are property of Smart Metering Solutions as stated if applicable. You are not permitted to use any of these trademarks or logos in any way without explicit prior written permission from Smart Metering Solutions.

Copyright

All contents on this website are copyrighted by Smart Metering Solutions unless otherwise stated. Without prior written consent of Smart Metering Solutions, any content on the website shall not be reproduced, modified, promoted, distributed, photocopied, played, disassembled, reverse engineered, decompiled, linked or transmitted with hyperlinks, loaded into other servers in “mirroring method”, stored in information retrieval system, or otherwise used for any other purpose by any person by any means.

Duties of the user

In accessing or using the Smart Metering Solutions Website the user shall not

• harm other persons, in particular minors, or infringe their personal rights;
• breach public morality in its manner of use;
• violate any intellectual property right or any other proprietary right;
• upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
• transmit, store or upload hyperlinks or contents to which the user is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful;
• distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, defects or similar material and the user shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

We may deny access to the Smart Metering Solutions website at any time, in particular if the user breaches any obligation arising from the Legal Statement.

When using this website and its content, you agree to comply with applicable laws and obey social ethics. You shall not use this website and its content to produce, read, copy, or disseminate any information that is illegal, to infringe on any other person’s rights, or to disturb the social order and undermine social stability. You shall not use this website and its content to engage in any activity that endangers cyber security and any computer system.

Hyperlinks

Our website may contain hyperlinks to the web pages of third parties. We shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as we does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the user.

Limitation of Liability

Neither Smart Metering Solutions nor any of its affiliates, subsidiaries, directors, agents, employees or other representatives shall be liable for any direct, indirect, special, incidental, consequential, punitive, and/or exemplary damages including without limitation, loss of profits or revenues, loss of data, and/or loss of business, in connection with this website or the use of or inability to use this Website or reliance on the contents contained herein, even if Smart Metering Solutions is advised of the possibility of such damages. Unless otherwise agreed in writing by Smart Metering Solutions in any sales contract, to the extent permitted by the applicable law, Smart Metering Solutions shall not be liable for the materials of this Website, regardless of the reason of the liability or the tort theory it based on.

Viruses

Although we makes every endeavor to keep the Smart Metering Solutions website free from viruses, we cannot make any guarantee that it is virus-free. The user shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.

Compliance with Export Control Regulations

If the user transfers information, software and documentation provided by Smart Metering Solutions to a third party, the user shall comply with all applicable national and international (re-) export control regulations. In any event of such transfer the user shall comply with the (re-) export control regulations of the Federal Republic of the European Union and of the United States of America. Smart Metering Solutions should indicate the information software and documents relating to the export control list of the People’s Republic of China、EU and the US business control list.

the user shall in particular check and guarantee by appropriate measures that:

• information, software and documents must not be used for military, nuclear technology or weapons;
• the provision of goods, software or technology originating in the United States shall not be provided to the organization or personnel listed in the U.S;
• without authorization to provide the information provided to persons and organizations listed in the list, entity list or special designated list without authorization;
• not to provide products to any special designated terrorist list, list of foreign terrorist organizations, special designated international terrorist list or organization or personnel listed in the eu terrorist organization;
• do not provide products to military agents;
• comply with warnings from Chinese government departments.

Information, software and documentation can be obtained only if it meets the above warranties and inspections. If the user fails to comply with the above provisions, Smart Metering Solutions will not fulfill its obligations. At the request of the user, Smart Metering Solutions should provide contact information for more information.

Data Privacy Protection

For collection, use and processing of personally identifiable data of the user of the Smart Metering Solutions website, Smart Metering Solutions shall comply with applicable laws on data privacy protection and the Smart Metering Solutions Website Data Protection Privacy Policy, which is available per hyperlink on the Smart Metering Solutions website and/or on www.Smart Metering Solutions.com.

Applicable Law and Dispute Resolution

The individual pages of the Smart Metering Solutions website are operated and administered by Smart Metering Solutions (Changsha) Co., Ltd.  and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Smart Metering Solutions makes no representation that information, software and/or documentation on the Smart Metering Solutions website are appropriate or available for viewing or downloading at locations outside such country. If users access Smart Metering Solutions website from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Smart Metering Solutions website’s information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where user seeks to do business with Smart Metering Solutions, the user should contact the Smart Metering Solutions representative for the particular country for country specific business.

You agree that your access and all related activities on or through this website shall be governed by, construed, and interpreted in accordance with the laws of the People’s Republic of China (excluding those of Hong Kong, Macau and Taiwan) without regard to its conflict law principles. You agree that any dispute between the parties arising out of or in connection with this Legal Statement or your access and all related activities on or through this website shall be governed by a court with jurisdiction in Yuelu District, Changsha, Hunan Province of the People’s Republic of China.