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Terms and Conditions for the Use of GovHK Gadget

Before downloading or installing the GovHK Gadget, I have read, understood and agreed to the terms and conditions for the use of GovHK Gadget (“the Terms of Use”) set out as follows:

  1. I acknowledge that the GovHK Gadget is a computer program provided on the webpage http://www.gov.hk/en/about/helpdesk/gadget/index.htm for displaying information provided by the Government of the Hong Kong Special Administrative Region (“the Government”).
  2. I agree that the Terms of Use may be revised and/or amended from time to time by the Government at the Government’s sole discretion without prior notice to me and I agree to be bound by the most updated version of the Terms of Use. I shall check the Terms of Use published in GovHK (http://www.gov.hk/) regularly for any revisions and/or amendments that may be made.
  3. The Government shall grant me a non-exclusive licence to install and execute the GovHK Gadget on my computers free of charge.
  4. I acknowledge that the Government is the owner of all Intellectual Property Rights in the GovHK Gadget. The Government reserves all rights that are not expressly granted in the Terms of Use. I acknowledge that any and all of Intellectual Property Rights subsisting in the GovHK Gadget are and shall remain the sole property of the Government. I shall not during or at any time after the termination of the Terms of Use in any way question or dispute the ownership of any and all of Intellectual Property rights by the Government thereof. Intellectual Property Rights for the purpose of the Terms of Use means patents, trade marks, service marks, trade names, design rights, copyright, domain names, database rights, rights in know-how, new inventions, designs or processes and other intellectual property rights of whatever nature and wheresoever arising, whether now known or hereafter created, and in each case whether registered or unregistered and including applications for the grant of any such rights.
  5. I understand and agree that the Government will not be liable for any risk of using the GovHK Gadget, and will not have or accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any material and/or data downloaded or otherwise obtained in relation to the GovHK Gadget. Any material and/or data downloaded or otherwise obtained through the use of the GovHK Gadget is done at my own discretion and risk and that I shall be solely responsible for any losses and damages (including but not limited to any damage to my computer system or loss of data) that results from or is related to the download of any such material and/or data or the process of downloading any such material and/or data.
  6. The Government hereby disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied warranties and conditions or merchantability, satisfactory quality, fitness for a particular purpose, and warranties and conditions as to the provision of the GovHK Gadget to a standard of reasonable care and skill or as to non-infringement of the Intellectual Property Rights of any person.
  7. The GovHK Gadget and any material and/or data downloaded or otherwise obtained through the use of the GovHK Gadget are provided on an “AS IS” and “AS AVAILABLE” basis. The Government will not have any responsibility for the timeliness, deletion or failure to provide the GovHK Gadget and any material and/or data to be downloaded or otherwise to be obtained through the use of the GovHK Gadget. The Government 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 GovHK Gadget and any material and/or data downloaded or otherwise obtained through the use of the GovHK Gadget even if the Government has been advised of the possibility of such damages. The Government makes no warranty or representation that (i) the GovHK Gadget will meet my requirements, (ii) the GovHK Gadget and any material and/or data downloaded or otherwise obtained through the use of the GovHK Gadget will be timely, uninterrupted, secure, or error-free, (iii) the results that may be obtained from the use of the GovHK Gadget and any material and/or data downloaded or otherwise obtained through the use of the GovHK Gadget will be accurate and reliable, (iv) the quality of any products, services, information, or other material and/or data downloaded or otherwise obtained through the GovHK Gadget will meet my expectations, and (v) any errors in the GovHK Gadget and any material and/or data downloaded or otherwise obtained through the use of the GovHK Gadget will be corrected.
  8. I agree not to sue the Government and agree to indemnify, defend and hold harmless the Government, its officers and employees against all claims (whether or not successful, compromised or settled), actions, investigations, liabilities, demands, proceedings or judgments, joint or several, threatened, brought or established against the Government, its officers and employees; and all liabilities, losses, damages, costs, charges or expenses (including all legal fees and other costs, charges and expenses which the Government may pay or incur in disputing any such claim or defending any such action or proceedings instituted against the Government, its officers and employees) arising from my download, upload, distribution and use of the GovHK Gadget and any material and/or data downloaded or otherwise obtained through the use of the GovHK Gadget, my violation of the Terms of Use or infringement of any Intellectual Property Rights or other rights of any person or entity.
  9. The Terms of Use will be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region. The Government and I agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong Special Administrative Region.
  10. Any waiver of any provision of The Terms of Use will be effective only if in writing and signed by the Government or its representative. Failure or neglect by the Government to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of the Government’s rights hereunder nor in any way affect the validity of the whole or any part of the Terms of Use nor prejudice the Government’s rights to take subsequent action.
  11. In the event that any of these terms, conditions or provisions shall be determined by a court of competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid and in full force and effect to the fullest extent permitted by law.
  12. 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.
  13. The Terms of Use has been translated into Chinese. If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.

July 2007

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