1. USE OF SOFTWARE All software that is made available to use on the Site (the "Software") is the copyrighted work of VHSoft and/or its licensors or suppliers, and that all intellectual property rights (which for the purposes of these General Terms and Conditions shall mean intellectual property rights of whatever nature whether registered or unregistered including but not limited to trade marks, trade names, copyright, patent, designs, goodwill and rights in confidential information, inventions and know-how and any associated or similar rights (the "Intellectual Property Rights")) in the Software belong to VHSoft and/or its licensors or suppliers. Registered User must not, nor should it allow anyone (including the Employees) to, copy, reproduce, decompile, disassemble, modify, reverse engineer, attempt to discover the source code, sell, assign, sub-license, grant a security interest or transfer any right in or otherwise tamper with any of the Software. 2. USE OF SITE All Intellectual Property Rights in the content (which for the purposes of these General Terms and Conditions shall mean information and/or materials of whatever form included on the Site including but not limited to texts, files, data, graphics, logos, icons, images and software (the "Content")) and/or the Services are vested in VHSoft and/or the Content providers (as the case may be), and Registered User must not engage in any activity, or permit others under its control (including the Employees), to engage in any activity, whatsoever, which infringes or otherwise interferes with or prejudices any such Intellectual Property Rights. Registered User must promptly notify VHSoft of any actual, threatened or suspected infringement of, or any actions, claims or demands or proceedings in relation to, any such Intellectual Property Rights which may come to its attention, and at the expense of VHSoft to render to VHSoft and/or the Content providers all assistance which they may require in connection therewith. Subject to the foregoing and the following conditions, Registered User may view, download and print copies of the Content available on the Site: (a) any copyright, trade mark or other proprietary notices contained in or on any such Content must not be removed or altered; (b) no Content may be modified, altered or distributed (electronically or otherwise) in any way unless with permission of the Content provider(s); (c) VHSoft reserves the right to revoke the authorisation to view, download and print any such Content at any time, and any such use shall be discontinued immediately upon written notice from VHSoft; and (d) the rights specified above to view, download and print copies of the Content available on the Site constitute a limited licence and not a transfer of title or a right to copy the design or layout of the Site. Registered User is prohibited from posting any Content on the Site or using the Site to engage in any activities which are inconsistent with the purpose of the Site. If Registered User accesses or uses the Site, it does so on its own initiative and must not: (a) upload, post or otherwise transmit any Content: (i) that is unlawful, harmful, threatening, abusive, harassing, violent, fraudulent, tortious, offensive, defamatory, libelous, scandalous, seditious, vulgar, obscene, indecent, contains pornography, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable; (ii) that they do not have a right to transmit under any applicable law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (iii) that infringes any Intellectual Property Rights or any proprietary rights of any party; (iv) that contains unsolicited or unauthorised advertising, promotional materials, "junk mail", "chain letters" or any other form of solicitation; (v) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and (vi) that violates any applicable law particularly relating to copyright, prohibitions on libel, slander and invasion of privacy and relating to electronic signatures and electronics transactions; (b) impersonate any person or entity including but not limited to a VHSoft official, forum leader, guide or host, or falsely state or otherwise misrepresent Registered User's affiliation with a person or entity; (c) interfere with or disrupt the Site or servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (d) collect or store personal data about other Registered Users or users of the Site; (e) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals (including but not limited to providing instructions on how to assemble bombs, grenades and other weapons); and (f) use Registered User's project hosting site (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the Site. Any non-personal unsolicited information or materials in whatever form which you elect to post to the Site, will be deemed not confidential, and by sending such unsolicited information or materials, Registered User hereby grants VHSoft a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use, reproduce, publicly perform and display, distribute, sub-license, modify, translate, publish, create derivative works from, transmit and sell those materials or information and/or incorporate them in other works in any form, media or technology now known or later developed for any purpose (commercial, public or otherwise), and VHSoft shall be free to use any ideas, suggestions, concepts, drawings, knowhow or techniques that Registered User sends to VHSoft for any purpose (commercial, public or otherwise) without any compensation to Registered User whatsoever. Personal information such as names, address and telephone numbers etc. will be subject to VHSoft!|s privacy policy set out at the end of these General Terms and Conditions ("Privacy Policy"). Last update: June 22, 2002 PRIVACY POLICY To enable VHSoft to better provide the products / services to Registered User and to provide a more meaningful visit to the Site, VHSoft may collect information about Registered User and Registered User's use of the Site and/or the services ("Personal Information"). The following summarizes VHSoft's policy and practices regarding the protection of such Personal Information: (1) Collection of Personal Information by VHSoft shall be for the purposes relating to the provision of the products / services including but not limited to the following purposes: (a) the daily operation of the services; (b) marketing the related products and services; (c) designing and customizing the Site's Content; (d) statistically analyzing usage of the Site; (e) collection of fee owed by Registered User; (f) meeting the requirements to make disclosure under applicable law; and (g) other purposes relating to any of the foregoing. If Registered User does not wish to receive from VHSoft information about certain products and services, please notify VHSoft at the address indicated below. (2) VHSoft will take all practical steps to ensure that Personal Information:- (a) is accurate and will not be kept longer than necessary or will be destroyed in accordance with VHSoft's internal retention period; and (b) will be protected against unauthorized or accidental access, processing or erasure. However, VHSoft will not be liable for any losses or damages howsoever arising from any inaccurate Personal Information being kept by VHSoft, or any unauthorized or accidental access, processing or erasure of any Personal Information except to the extent due to the gross negligence of VHSoft. (3) Without Registered User's consent, Personal Information collected by VHSoft will not be used for any purposes other than the purposes for which the Personal Information were to be used at the time of its collection or purposes directly related thereto. (4) Registered User shall have the right of access to and for correction of any Personal Information held by VHSoft and that Registered User's request for access or correction will be dealt with in accordance with the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong). Registered User hereby: (a) acknowledges and agree that the collection and use of Personal Information by VHSoft in accordance with this Privacy Policy is not a breach of Registered User's right of privacy, publicity or any other rights related to protection of personal data, whether in equity, law, contract or otherwise; (b) waives all such claims or rights of action, whether foreseen or unforeseen, so long as the Personal Information is collected and used in accordance with this Privacy Policy; and (c) grants to VHSoft a non-exclusive, worldwide, perpetual, irrevocable, royalty-free licence to use the Personal Information in accordance with this Privacy Policy. The foregoing licence will terminate upon the termination of the Agreement. This Privacy Policy only addresses the collection and use of Personal Information collected from Registered User by VHSoft through the Site. If Registered User has any questions about this Privacy Policy, the practices of the Site or Registered User's dealing with the Site, Registered User can contact VHSoft at: VHSoft Technologies Co. Ltd. 1/F., Tak Wai Building, 23-25 Cheong Lok Street, Kowloon, Hong Kong Tel: (852) 2836 0099 Fax: (852) 2836 0059 E-mail: info@vhsoft.com VHSoft reserves the right to change the terms of this Privacy Policy at any time by posting any such change on the Site. All such changes will take effect upon such posting on the Site. Last update: April 1, 2003