China Stone Ltd, a company registered in Thailand whose registered office is at Jewelry Trade Center, 45Th Floor, 919/522-523 Silom Road, Bangkok, 10500, Thailand agrees to grant the entity identified on this registration form and any owned subsidiary thereof (collectively "Participant") access to certain portions of China Stone Ltd´s non-public web site(s) ( "Extranet Site") as China Stone Ltd and Participant may from time to time agree, to allow Participant to communicate and conduct commerce with China Stone Ltd, subject to the following terms and conditions and all applicable laws:
Access to all or portions of the Extranet Site may be limited by various passwords, digital certificates or other security techniques (collectively, "Security Systems") which will be made available to Participant by China Stone Ltd.
China Stone Ltd reserves the right to modify, delete or add content to the Extranet Site, or to terminate the Extranet Site, at any time.
Participant may be given access to certain China Stone Ltd information and data concerning China Stone Ltd research and development activities, marketing, product improvements, manufacturing, price or cost data, the Security Systems and any other information specifically designated by China Stone Ltd as confidential, hereinafter referred to as "Confidential Information".
Such Confidential Information shall not include information which is (i) in or becomes part of the public domain other than by disclosure by Participant in violation of this Agreement; (ii) independently developed by Participant with no use of the Confidential Information provided under agreement; (iii) obtained by Participant from third parties without a duty of confidentiality; or (iv) required to be disclosed by law, statute or regulation, provided, that wherever practical Participant shall provide China Stone Ltd with prior notice of such required disclosure and an opportunity to attempt to limit such disclosure.
Participant agrees to: 1) not to disclose Confidential Information to any third party, 2) use the Confidential Information only for the purpose of doing business with China Stone Ltd. China Stone Ltd shall be entitled to injunctive relief to enforce Participant´s compliance with the obligations contained in paragraph 3.1 hereof, it being understood and agreed that China Stone Ltd will not have an adequate remedy at law if such obligations are not complied with.
While China Stone Ltd will use reasonable commercial efforts to include accurate and up to date information on the Extranet Site, China Stone Ltd assumes no liability or responsibility for any errors and omissions in content, and China Stone Ltd shall not be liable for damages of any kind, whether direct, indirect, consequential, or exemplary, resulting from Participant´s use or inability to use the Extranet Site. Further, China Stone Ltd disclaims all warranties, express or implied, including the warranties of merchantability and fitness for a particular purpose, relating to information contained on the extranet site or the availability of access to the Extranet Site.
This Agreement shall become effective upon the Effective Date and may be terminated by either party upon at least 30 days written notice to the other party, or immediately for cause.
This Agreement shall be governed by and construed under the laws of the Kingdom of Thailand. Failure of either party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision nor of the right to enforce such provision.