General Terms Concerning Software License

Business Day is any weekday except Sundays, Mondays and statutory holidays of the People s Republic of China other than office days. In Chinese terminology, software at User interface terminals means software distributed, offered or given to customers and will normally be installed on user s personal computers during business hours. The term software means computer software. Computer software is also called applications or programs.

Now, suppose you have a program that is good and has widespread usage, will you release it for end-user purchase? That is, assuming that it meets all normal market criteria and that there is no demand for it. If you do not think that the software can be successfully marketed and that you are constrained by other factors such as personnel, time, finances, the designated area and channels, you might prefer to convert your software into an application. You can convert your software into an application for any of the following three purposes: Marketing, Distribution and Use. Marketing software is used to advertise products, brands or services and its use is primarily intended for end-users; distribution software is used by channel network management or sales personnel for product distribution; and use software is for internal computer programs and internal software applications.

A marketing software program is advertised or sold via electronic means and that usually means that the software is meant for end-users. Once the end-user buys the software, he or she should have complete right of ownership, which means that the person who purchased the software is the author or owner of the software, irrespective of whether the sale took place over the Internet or in person. The owner is granted exclusive rights to the reproduction, modification, adaptation and distribution of the software. In short, the owner is free to do whatever he wants with his software. And the person who purchased the software is not infringer or distributor of the work because the software was bought for the express purpose and that express purpose only.

For distribution or use purposes, the distribution or use must be for single purposes only i.e. single product or a single version of a product. If the work has more than one product or version then it is not possible under the license agreement to make more copies or sell them to others. Distribution or use must be for single purposes only and if any changes are made to the work then it is not possible to sell or distribute the modified version as a whole, but may be sold separately. All the changes and modifications must be indicated or labeled as such.

The distribution or use must also be for explicit purposes and that is to generate income or profit. The party shall have the right to remunerate and recompense for any loss or damage suffered, for anything done or omitted to any extent in relation to the online games sold under the license agreement. If there are any infringements made to the copyright of the work, the erring party shall have the right to rectify the same. In addition, the erring party shall have the right to sue for infringement of any right of the other party. A judgment for damages or infringement may be recovered by the offending party hereunder.

The term "license" is used herein a broad sense and may include different things. In general the sales include authorization to sell the product, the right to use and market, and subject to terms and conditions of the sales agreement. In some contracts or sales and purchase orders as well as in the zhengtu information technology products, licensing is allowed. Here, the parties agree that the license may be revoked at any time without prior notice to the other party.

The license fee is payable upon distribution or sale of the game software. However, the party shall pay only once for all the sales. The term "sale" means the direct giving over of the product to the paying party. In this case, the seller is referred to as the licensor and the buyer is referred to as the purchaser. It does not imply that the purchaser is an infringer.

Any reference in the foregoing provisions hereof to the word "licensing" shall not imply that the license is associated with licensing or any form of royalty. The term "licensing" is hereunder used to define the parties' rights hereunder. The meaning of "licensing" and "hereunder" is as defined under applicable laws. Therefore, hereunder the words "licensing" and "hereunder" mean as defined and under laws hereunder.