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English to Chinese: 2 General Provisions for a Software License Agreement General field: Law/Patents Detailed field: Law: Contract(s)
Source text - English Export. Export to Customer of XX Offering and Documentation is subject to all applicable countries’ export and re-export laws and regulations. XX and its licensors shall have no liability towards Customer if necessary authorizations, licenses or approvals are not obtained. Customer shall not export or re-export, either directly or indirectly, XX Offering when such export or re-export requires an export license or other governmental approval without first obtaining such license or approval. Customer hereby warrants to XX that all XX Offerings ordered hereunder shall not be used in violation of any applicable export laws, including for proliferation of any nuclear, chemical or biological weapons or missile delivery systems and shall not be diverted to any country, company or individual if prohibited by the applicable export laws of any country. Customer recognizes that Customer Data may be transferred to or stored in any country. Customer undertakes to abstain from, and shall ensure all Users abstain from, processing, storing or uploading on its data sharing environment any information or data, the export of which is controlled, regulated or subject to any permit or license under any applicable law or regulation. Customer shall be deemed to be the exporter of Customer Data. XX may terminate this Agreement and all licenses and access to the Online Services hereunder upon written notice if Customer violates these provisions.
Governing law and jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without regards to any conflict of laws principles and excluding application of the United Nations Convention on Contracts for the International Sale of Goods.
(a) All disputes arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be finally settled by arbitration under the Rules of Arbitration of the International Chamber of Commerce, which Rules are deemed to be incorporated by reference into this clause, by one arbitrator appointed in accordance with the said Rules. The arbitration shall be held in Hong Kong and shall be conducted in English. The seat of arbitration shall be Hong Kong. The decision resulting from the arbitration and the arbitration award shall be final and binding on the parties, and the parties agree to be bound thereby and to act accordingly. The prevailing party shall be entitled to fees and costs.
(b) Customer acknowledges and agrees that the paragraph immediately above shall not prevent, restrict or otherwise limit in any manner, XX's right to seek injunctive relief, equitable remedies, or commence preparatory proceedings arising out of, or in connection with, the validity, interpretation and/or performance of this Agreement, or to resolve any dispute involving the ownership of any intellectual property rights, before any competent court in any jurisdiction.
Translation - Chinese 出口。向客户出口XX产品及说明文件，需遵循有关国家出口与转出口的所有适用法律法规。若没有获得必要授权、许可或批准，XX及其许可方不对客户承担责任。出口或转出口XX产品如需获得出口许可证或其他政府批准，则没有取得该许可证或批准，客户不得直接或间接出口或转出口XX产品。客户特此向XX保证，依据本协议订购的所有XX产品不用于任何违反相关出口法规之用途（包括核武器、化学或生物武器或导弹运载系统的扩散），且若任何国家的适用出口法律禁止，亦不得转移至该国家、公司或个人。客户承认，客户信息可以转移至或存储在任何国家。如果信息或数据的出口受任何相关法律或法规项下任何执照或许可证控制、监管或管制，客户承诺放弃并确保所有用户放弃在其数据共享环境中处理、存储或上传任何该等信息或数据。客户应被视为客户数据的出口方。若客户违反本条款规定，XX有权书面通知客户终止本协议及本协议项下在线服务的所有许可证及访问权限。
Chinese to English: IPR General field: Law/Patents Detailed field: Law: Patents, Trademarks, Copyright
Source text - Chinese “知识产权”是指任何时间、任何地点存在于下列客体之上的任何及全部权利：(a)任何及全部专利、专利申请，以及前述专利的临时申请、再公告申请、延续申请和分割申请，前述专利中的任何发明以及任何相关发明披露；(b)任何语言和/或任何字体的商标、服务标记、商业外观、商号、公司名称、其它名称、标志、品牌、符号、来源地标记和或任何种类的设计，域名及URL；(c)基于成文法和普通法的著作权、集成电路布图设计、任何作品（无论是否享有著作权保护）及其复制件，且包括与前述诸项有关的所有申请、注册和续展；(d) 商业秘密和保密信息以及其它的专有商业信息；(e)前述各项任何形式或格式的任何翻译、音译、拷贝、复制品、表现、衍生品或版本；和(f)包括所有与之相联系的商誉，和与商誉有关的所有申请、注册和续展。
Translation - English “Intellectual Property Rights” shall mean any and all rights of, in and to, wherever and whenever existing in: (a) any and all patents, patent applications, together with all provisionals, reissuances, continuations, divisionals, thereof, any invention therein, and any related invention disclosures; (ii) trademarks, service marks, trade dress, trade names, corporate names, other name, logos, brands, symbols, indicia of origin and/or design of any kind, in any language and/or any script, domain names and URLs; (c) copyright, mask works, any works (whether copyrightable or not), all copies therefrom, and including all applications, registrations, and renewals in connection therewith, whether based on statute or common law; (d) trade secrets and Confidential Information and other proprietary business information; (e) any translation, transliteration, copy, reproduction, manifestation, derivation or version of any of the foregoing, in whatever form or format; and (f) including all goodwill associated therewith, and all applications, registrations and renewals in connection therewith and thereto.
A PRC certified lawyer with 2 years of working experience in Singapore and 3 years working experience in a top-tier PRC law firm. My practice focused on corporate finance, M&A, TMT, market entry and joint venture as well as general corporate. I have extensive experience working with leading multinationals from the US, UK, Australia and around the world. They came from various industries, primarily in the technology/media/telecoms, aviation and lifestyle sectors.
In addition to lawyer's work, I also routinely handle the translation work (generally related to legal, commercial and sometimes financial and technical related, both oral and written) assigned by my clients. I'm very detail-oriented, self-motivated and easy to communicate and was always praised by my clients for the sense of responsibility and work efficiency.
Here is a list of my key clients: Akamai, Altium, Aviation Industry Corporation of China/China Aeronautical Radio Electronics Research Institute/Shanghai Avionics Corporation, Bertelsmann, CNBC, Corvac, Dassault Systemes, DFS, Electronic Arts, Edge Learning Center, Fiat Industry/CNH/IVECO, Filmworks, Focus Media, Google, HP, II-VI, IMG, Newegg, RIM, Walt Disney, Pamoja Capital, Panjiva, Realtime Technology AG, Sapient, Stylesight Inc., Unity-3D, ValueClick International, XO Group etc.
I am willing to take a test translation free of charge.
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