Welcome to the "Aliyun Monitoring Agent" SOFTWARE PRODUCT. The terms and conditions described below constitute the agreement between you and Ali Cloud Computing Limited (hereinafter referred to as "Aliyun") on the "Aliyun Monitoring agent" software use license (hereinafter referred to as "this Agreement"). Once you have used the Aliyun monitoring agent software, you have accepted the terms and conditions described below.
Aliyun reserves the right to modify the foregoing terms and conditions at any time, and only by publicizing the "Aliyun monitoring Agent" software user interface without obtaining your prior consent. The amended clause shall be effective immediately after the publicity. After Aliyun modifies the terms of the agreement, you should continue to use the "Aliyun monitoring Agent" software as you have accepted the revised terms. No person shall modify this agreement except with the written authorization of Aliyun.
In this agreement, the use of the "Aliyun Monitoring agent" software Aliyun used for short "user".
Please note that this agreement limits the liability of the Aliyun, Aliyun no warranties against the "Aliyun monitoring Agent" software; This agreement also restricts the user's relief. See article Nineth of the relevant terms, Aliyun urge you to read carefully.
First article definition
Except as otherwise provided in this Agreement, the following terms shall mean:
"Aliyun Monitoring Agent" software: refers to by Aliyun independent research and Development and has independent intellectual property rights of computer software products, to assist users to achieve the server's monitoring functions. See Aliyun website "Aliyun Monitoring Agent" SOFTWARE PRODUCT introduction and description. To continually provide the best experience to the user, Aliyun has the right to change the name and functionality of the Aliyun monitoring agent software without notifying the user beforehand.
The second way to use the software
1, users can install, use, display, run "Aliyun monitoring Agent" software on multiple servers.
2, users should ensure that the user registration software or binding network synchronization services provided by the information are true and correct. The user undertakes to notify Aliyun immediately if his or her user login name and password are not authorized for use, or any other security issue occurs. The user hereby agrees and confirms that Aliyun is not responsible for the loss or damage caused by the above circumstances.
Article III software license fee and other fees
1, the current software is free for users to use, but Aliyun will also require users to meet Aliyun standards, otherwise Aliyun have the right to prohibit the use of users. Aliyun has the right to adjust the standard of use at any time according to the actual situation and publicize it on the Aliyun website without obtaining the prior consent of the user. But the adjustment is already in use before the user is not affected.
2, the Free software license should not be regarded as Aliyun waive the right to charge. Aliyun reserves the right to notify the user at any time and charge the corresponding fee.
Fourth user's rights and obligations
1, the user guarantees the registration information which submits to the Aliyun is true, accurate, timely, detailed and complete, and constantly updated registration information to meet timely, detailed and accurate requirements, does not contain any violation of national laws and regulations and the People's Republic of China recognized or acceded to the content of international treaties, and users use "Aliyun monitoring agent "All activities carried out by the software are lawful and authentic and do not infringe upon the lawful rights and interests of any third party."
2, users to ensure that the use of "Aliyun monitoring agent" software acts are in line with the provisions of national laws and regulations. The following are examples of harmful activities that Aliyun prohibits users from doing, including but not limited to:
Prohibit the sale, resale or reproduction, and develop the use rights granted by Aliyun;
prohibiting the imitation of Aliyun products and/or services based on commercial purposes;
Prohibit copying and imitating Aliyun design concepts, interfaces, functions and graphs;
prohibiting the modification or manufacture of derivative products based on the "Aliyun Monitoring Agent" software or its contents without Aliyun permission;
Users can only use the "Aliyun monitoring Agent" software in their business scope, prohibit the sending of information violating the law, prohibit the sending and storing of virus, worm, trojan and other harmful computer code, files, scripts and programs.
3, the user further agreed to the "Aliyun monitoring Agent" software and/or "Aliyun monitoring Agent" software any part (software products, the page identification, service brand, information, info, is not copied, translated, modified, adapted, enhanced, decompile, disassembled, reverse engineered, disassemble, sell, Sublet or use for any commercial purpose. The user agrees to constrain the employee, agent, consultant or consultant who is required to use the Aliyun monitoring agent software to comply with the foregoing obligations and to Aliyun in violation of the foregoing provisions as the user himself violates.
4, users must be equipped with the necessary equipment for the Internet, including computers, modems or other necessary Internet equipment, and their own burden on the internet required telephone costs, network services and other costs.
5, in addition to fully attributable to the fault of the Aliyun, the user committed to the "Aliyun monitoring agent" software activities caused by all the legal consequences, the user assumes full responsibility. If the user uses "Aliyun monitor Agent" software behavior, causes Aliyun or any third party to undertake the related responsibility, then the user needs the full compensation Aliyun or any third party's related expense and the loss, including reasonable attorney's expense.
6, the user agrees that, as a result of its breach of any of the provisions of this Agreement or Aliyun issued by the rules, notices, Aliyun have the right to unilaterally determine the immediate termination of users to use the "Aliyun monitoring Agent" software, without prior notice.
7, the user agreed to use the "Aliyun monitoring Agent" software at the same time, accept Aliyun to provide all kinds of information services.
Fifth article Aliyun rights and obligations
1. Aliyun will authorize users to use "Aliyun monitoring Agent" software in accordance with the provisions of this Agreement.
2, Aliyun has the right to copy and save the user's information on its server, and use it to contact with it for the benefit of the users.
3, Aliyun has the right to delete any violation of laws, regulations, software use license Agreement, the rules of the information or links, including Aliyun have reasonable suspicion of the information. Aliyun has the right to independently determine whether the information provided by the user falls within the scope of the above.
4, Aliyun is not obligated to users to use "Aliyun monitoring agent" software behavior supervision. However, Aliyun reserves the right to unilaterally terminate the user's use of the "Aliyun Monitoring Agent" software in a reasonable case.
5, Aliyun guarantee its "Aliyun monitoring agent" software legitimacy, "Aliyun monitoring agent" software according to the "Status quo", "defective" and "current function" status provided.
6. The above guarantee will replace all other warranties. The maximum extent permitted by applicable law is hereby substituted for all other warranties, conditions and declarations, whether express, implied, verbal, statutory and otherwise, and whether arising under this Agreement or other agreement, including but not limited to, non-infringement, suitable for marketing and implied warranties applicable to a particular purpose.
7, Aliyun will take strict confidentiality measures to store user information, without the written consent of the user, shall not be disclosed to any third party. Except for the following information:
(1) The reasons for Aliyun have been known to the public;
(2) These channels are not subject to confidentiality obligations as a result of information obtained by other sources other than Aliyun;
(3) Information disclosed as a result of the application of the law, the request of the court or other State authority.
8. If the user violates any of the provisions of this Agreement, is aliyun to delete information or terminate the "Aliyun Monitoring agent" software use license, the user has paid any fees (if any) will not be refunded.
Sixth Article third party service description
The user understands and confirms that the "Aliyun monitoring Agent" Software may contain services and/or software licenses provided by a third party, Aliyun only for the convenience of the user. If the user is required to use these services and/or software licenses, a service and/or software license Agreement shall be entered into with the third party service and/or software licensor to pay the corresponding fee and take the possible risks. Aliyun does not issue Third-party service charges and/or sales invoices and does not provide any form of warranty for services and/or software licenses provided by third parties, and does not assume any responsibility for this.
Article Seventh Intellectual property rights
1, Aliyun has the "Aliyun monitoring Agent" software-related copyrights, trademarks, patents, patent application rights, know-how, trade secrets and other related intellectual property rights, including the "Aliyun Monitoring agent" software related to various documents and materials. Other rights not mentioned in this Agreement shall also be retained by Aliyun.
2, Aliyun and related Aliyun logos belong to the intellectual property of Aliyun, and are protected by copyright law, trademark law and other intellectual property laws. Unauthorized reproduction, imitation, use or distribution of the above signs are prohibited.
3. Without the prior written consent of Aliyun, the user shall not carry out, use, transfer or permit any third party to carry out, use or transfer the above-mentioned intellectual property for any profit or non-profit purpose.
Article eighth termination
Aliyun has the right, without prior notice, to terminate the user's right to use the "Aliyun monitoring agent" software without any liability for any of the following:
(1) The user violates this Agreement or other agreements signed between the user and the Aliyun, and has not been corrected since the Aliyun has been informed of the correction;
(2) The user uses the above software to engage in illegal activities;
(3) Other Aliyun, in reasonable circumstances, unilaterally terminate the user's use of the "Aliyun Monitoring Agent" software.
Nineth article exemption and liability limitation and exclusion
1, Aliyun to "status quo", "defective" and "current function" of the state to provide "Aliyun monitoring Agent" software. Aliyun does not guarantee that the "Aliyun monitoring Agent" software in operation will not be interrupted or error, does not guarantee that it will correct the "Aliyun monitoring Agent" software all the defects, also do not guarantee that "Aliyun monitoring agent" software to meet the requirements of all users. The user undertakes all the risk of satisfactory quality, performance and accuracy.
2. Within the scope permitted by the applicable law, Aliyun does not make any express or implied declaration, nor gives any express or implied warranties or conditions, including but not limited to:
(1) Any warranties or conditions of merchantability, fitness for a particular purpose, accuracy and non-infringement;
(2) any warranty or condition arising in the course of the transaction or in the practice of the trade;
(3) Any warranties or conditions that are free from interference or error when accessing or using the "Aliyun monitoring Agent" software.
3. In no case shall Aliyun be liable for loss of data and/or any direct, indirect, incidental, special, consequential or punitive damages arising out of, based on, or caused by the use of the "Aliyun Monitoring Agent" software by this Agreement or by the user. This should include, but is not limited to, any loss of profits (whether directly or indirectly), any goodwill or business reputation loss, any data loss, purchase costs of alternative goods or services or other intangible losses, even if Aliyun has been informed of the possibility of such damages.
4. The Aliyun shall not be liable for damages to the user or any third party in respect of any interruption or inability to operate the telecommunications system or the Internet, technical failure, computer error or any other damage of any nature arising out of the damage or loss of information or other reasons beyond the reasonable control of the Aliyun.
Tenth article majeure
Aliyun is not liable for any failure to perform or delay the performance of its obligations due to the interruption of the Internet, strikes, riots, fires, explosions, natural disasters, war, terrorist activities, acts of the State or any other cause which the party cannot reasonably control, Aliyun However, the Aliyun shall make every reasonable effort to mitigate the consequences of any such force majeure event.
11th Law and Dispute resolution
1. This Agreement shall be governed by the laws of the PRC. In the absence of a clear legal provision for a particular matter in connection with this Agreement, reference shall be made to general international business practices and/or industry practices.
2. Both Parties shall endeavour to resolve amicably through amicable negotiations as a result of disputes over the signing, performance or interpretation of this agreement. If negotiation fails, either party shall sue the people's Court of Hangzhou West L. District.
Assignment of 12th article of agreement
The user shall not transfer his rights and obligations under this Agreement to any third party unless he obtains Aliyun's prior written consent.
13th article Other
1. This Agreement constitutes a complete agreement between the user and the Ali cloud on the use of the "Aliyun Monitoring Agent" software, and supersedes any prior agreement reached orally and in writing on any matter contained in this agreement.
2. If any of the terms of this agreement are deemed to be invalid or cannot be enforced, the foregoing may be separated and the remainder shall remain legally binding.
3. The title of this agreement is for the convenience of reading only, not the definition, limitation, interpretation or description of its scope or boundaries.
4. Aliyun to waive the rights stipulated in this Agreement when the user is negligent or defaulted, shall not be deemed to abstain from any other or subsequent similar negligence or breach of contract by the user.
5. Aliyun 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 its operating strategy. Users continue to use the "Aliyun monitoring Agent" software is necessary to the latest "Aliyun Monitoring Agent" Software use license Agreement for careful reading and confirmation. When the dispute arises, the latest agreement shall prevail. If you do not agree to the changes, the user may notify Aliyun in writing to terminate their use of the "Aliyun Monitoring Agent" software. If the user continues to use the "Aliyun monitoring Agent" software, the user is deemed to agree to accept the change of this agreement.