End User License Agreement

This End User License Agreement (hereinafter referred to as "Agreement") is a legally binding agreement between you (either a natural person, a legal entity or an organization) and Beijing Rising Information Technology Corporation Limited (hereinafter referred to as "Rising"), the copyright owner of Rising software, including but not limited to Rising Antivirus Software, Rising Personal Firewall, hereinafter referred to as "Software". You must read this Agreement before using the Software. Any software, electronic file, etc. related to this Agreement and used by you shall be subject to the terms and conditions of this Agreement. Meanwhile, the Agreement applies to all subsequent releases and updates of this Software. You shall clearly understand that you have absolute freedom to agree or disagree with this Agreement, and your installation, copy, download, access or use in any other ways of this Software means that you agree to be bound by the terms and conditions of this Agreement. This Agreement is as effective as any written agreement signed by you and entered into through negotiations. If you do not agree, please do not use this Software and make sure the integrity of the product and its components. 

1. Definitions
1.1 "Software" or "Software Product" refers to: 
 (1) All contents accompanied by a disk, CD or other medium along with this Agreement, including but not limited to the computer information or software owned by Rising or a third party. 
 (2) Related written illustrative materials, product packages and electronic files, as well as
 (3) Updates, modified versions, altered or added contents of this Software and any related tools (if any) released and licensed by Rising to you. 
1.2 "Use" means access, installation, copy or functional use in any other way of the Software based on related documents. 
1.3 "Purpose" means the limit and scope for you to use this Software. Your purpose to use this Software shall be determined by the Rising Software you have purchased. For example, Rising Personal Firewall can only be used for personal purpose and you shall not use this product for non-personal or commercial purpose unless a written authorization from Rising is obtained. 

2. Intellectual Property Rights
    This Software and any copy reproduced by you under the authorization from Rising are Rising products. The intellectual property rights are owned by Rising. The structure, organization and codes are all valuable trade secrets and confidential information belonging to Rising. This Software is protected by Copyright Law of the People's Republic of China, related international treaties and applicable laws of the countries where the Software is used. This Software must not be copied beyond the license of this Agreement; otherwise an infringement to Rising's intellectual property right will be constituted. 

    Without prior written permission by Rising, you also shall not reversely engineer, decompile, disassemble the Software, or try in any other way to find its source code. 

    All information about the Software provided by Rising, and obtained by you, can only be used for the purposes licensed by this Agreement. This Software shall not be disclosed to any third party or used to fabricate any software with similar style. This Software shall not be used for any other commercial purpose without authorization. 

    The use of trademark(s) including the logo(s) owned by their owners shall be in compliance with the Trademark Law of the People's Republic of China. The registered trademarks or trademarks owned by Rising include, but are not limited to "Rising", "Rising Software", "Rising Antivirus Software", "Rising Antivirus" and "Rising Personal Firewall", etc. 

    Your use of this Software under the authorization of this Agreement does not imply that Rising transfers its intellectual property rights to you. 

3. License for the Software Product
    This Software Product is protected by Copyright Law of the People's Republic of China and international treaties for copyright, as well as other Chinese laws and international treaties for intellectual property right. Rising grants you a non-exclusive license to use the Software based on this Agreement as long as you follow the terms and conditions of the Agreement. 

3.1 Authorized Range of Usage
    For each copy of Rising's Software Product, Rising authorizes you to use it in one operating system on one PC only. Under the following conditions, however, you can use it in a multi-user environment or on a networked system: 
(a) Rising has explicitly authorized you in writing to use it in a multi-user environment or on a networked system; or
(b) You have already purchased software licenses for each node or terminal you are using.  

3.2 Duplicate, Distribution and Spread
    You shall use or duplicate the Software according to this Agreement. You must make sure that each copy you have duplicated, distributed and spread under the authorization from Rising is integral and veritable, including all information about software, electronic file, copyright and trademark relative to this Software as well as the Agreement. 

    You can duplicate one copy of the Software for the purpose of backup or archive management. However, you shall not install and use it on any other PC. You shall not transfer this copy to any other person unless you are explicitly authorized in writing by Rising. 

3.3 Transfer
    All or part of the Software must not be rented, leased, re-licensed or duplicated to other PC users unless an explicit written authorization is obtained. However, you can transfer your right to use this Software to others under the following assumptions: 
 (a) You simultaneously transfer the Agreement, the Software, and all other software and hardware bundled to this product altogether to others (including all copies, updates and previous versions); 
 (b) You no longer keep any copies, including the backups and updates saved on your PCs; and 
 (c)The receiver accepts the terms and conditions of this Agreement, and any other terms and conditions you have accepted when you legally purchased the Software. 

4. Warranty
4.1 Rising grants the warrant to entities/persons that have purchased the Software and are willing to follow the terms and conditions of this Agreement. Within one month since the purchase of this Software, Rising will exchange the software if the Software malfunctions due to error(s) in the storage medium of the Software, and after it is examined and checked by Rising. If the error is caused by misuse, manmade damage, unauthorized use, accident or and the medium is lost, the warranty cannot be covered. While requesting Rising for replacement based on above reason(s), you must return the Software and purchase voucher/invoice to the location of purchase within thirty (30) days after you purchased the Software. 
4.2 Rising guarantees that the Software meets the performance requirements described in its instructions.  
4.3 Rising makes no warranty on the merchantability and fitness of the Software for some special use in business purpose. 
4.4 Rising does not guarantee that the Software is error-free or can function uninterruptedly. Rising makes no warranty that the Software can be effective on any PCs under any conditions. 
4.5 You shall know and understand that due to the particularity of antivirus software, this Software may not be effective against each and all existing or future viruses. You agree that Rising is not liable for any loss caused by the use of or failure to use this Software, including but not limited to operating profit/loss, service interruption, loss of business information, document and data, or for other financial losses, even if Rising is notified of the possibility of such losses, unless these losses are caused due to Rising's fault or gross negligence. 

5. Termination of License
    If you fail to follow any term and condition of the Agreement, Rising shall have the right to terminate at any time the license granted to you.  After the termination, you shall immediately destroy the original and its copies of the Software, or return them to Rising. 

    This Agreement is governed by the laws of the People's Republic of China. If there is any dispute on the Software with Rising, the lawsuit can be submitted to China International Economic and Trade Arbitration Commission for arbitration in Beijing. 

    For any question on this Agreement, or any information about Rising, please contact Rising at the following address: 

    Address:  Room 1305, Zhongke Building, No.22, Zhongguancun Street, Beijing, China

    ZIP:  100190

    Website:  http://www.rising.com.cn

    Tel:  (010) 82678800 (Service Hotline)
