These terms and conditions constitute a legally binding agreement (“this Agreement”) between you and Hong Kong Science and Technology Parks Corporation (“HKSTP”) regarding your deposit of certain Data (as hereinafter defined) onto the Portal (as hereinafter defined). For the purpose of these terms and conditions, “HKSTP”, “we”, “our”, “us” refer to Hong Kong Science and Technology Parks Corporation and “Data Provider” or “You” or “your” means any Data Provider of the Portal.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
By depositing, accessing, using, viewing, transmitting, caching, storing and/or otherwise utilizing the Data, the Portal (both as defined below), and/or the contents, services or functions of or in the Portal in any way, you have confirmed that you have read through, understood and agreed to be bound by each and all of the terms and conditions set forth in this Agreement, and waive any right to claim ambiguity or error herein.
If you do not understand, accept or agree to the terms and conditions in this Agreement, please do not deposit or use the Data, the Portal and/or the contents, services or functions of or in the Portal.
This Agreement supersedes all prior agreements or arrangements we may have with you in relation to the Portal or the Data.
“API” means the various APIs uploaded by Data Provider onto the Portal to be shared with Data Users and/or HKSTP and/or HKSTP Affiliates and/or for use by certain approved Data Users.
“Controlled Data” means those Data which requires prior approval from the Data Provider before any User can access and/or use.
“Data” means any data uploaded by the Data Provider onto the Portal to be shared with Data Users and/or HKSTP and/or HKSTP Affiliates and includes Open Data, Controlled Data, POC Data and General Information.
“Data Onboarding Form” means the form stipulated by HKSTP which any Data Provider is required to complete for the purposes of uploading the Data and/or the API(s) onto the Portal.
“Data Provider” or “You” or “you” or “yours” means the owner of the Data who wants to deposit the Data and/or the API(s) onto the Portal for sharing of the Data and/or the API(s)with the Data Users and/or HKSTP and Data Provider could also be a Data User with respect to Data and/or the API(s) shared by HKSTP and/or other Data Providers.
“Data User” means a user who has a registered Account with HKSTP for the purpose of obtaining access to the Data and/or the API(s).
“General Information” means those Data which can be accessed by anyone without the need to have any registered Account with HKSTP.
“HKSTP”, “we”, or “us” means Hong Kong Science and Technology Parks Corporation and “our” have the corresponding possessive meaning accordingly.
“HKSTP Affiliates” or “our Affiliates” means HKSTP’s agents or licensors, and their respective agents, officers, affiliates and employees.
“Intellectual Property Rights” or “IPR” 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 whether now known or created in future (of whatever nature and wherever arising) and in each case whether registered or unregistered and including applications for the grant of any such rights.
“Open Data” means those Data stipulated by Data Provider in the Data Onboarding Form which may be shared with all registered Data Users of the Portal.
“POC Data” means those Data stipulated in the Data Onboarding Form which may only be shared with certain Data Users designated by Data Provider in such Form and shall only be used for the relevant Project.
“Portal” means the virtual data studio established by HKSTP for the sharing of Data and APIs and includes all the designated spaces inside such studio for the deposit of POC Data and/or the API(s).
“Project” means a particular project to be jointly engaged by the Data Provider and certain Data Users using POC Data. Such project includes, without limitation, trial, research, testing and hackathon.
“Software Applications” means any computer software programmes and applications, and components and modules thereof, and any source code whatsoever developed, generated and/or derived from or with the assistance of POC Data under the Project;
“Software Applications Records” has the meaning under Clause 5.2.
“Term” means the term of this Agreement specified in Clause 8.1.