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SCS Agreement

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SCS Agreement
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HUAWEISCS AgreementConfidentiality:InternalProvided Supplier uses Huawei'SCS (Supply Collaboration System)platform to submit andexchange information,Supplier hereby undertakes and agrees the terms and conditions as thefollowing (including the revised editions):1.Effectiveness of the Platform InformationAny Information officially submitted and affirmed through the SCS,including but not limited to thestatements,invitations,commitments,and checklists have obtained corresponding authorization andhave the same effectiveness upon both Huawei and Supplier as written contracts or appendices onpapers.2.Rights and Obligations2.1 For Huawei(1)Huawei is entitled to review and approve the Supplier's application for obtaining,modifying orterminating the authorization to use the SCS.(2)Huawei is entitled to modify part or all services or information provided on the SCS at any timewithout prior notification to the Supplier.(3)Huawei is entitled to delete or process the following information or programs by restrictions withoutprior notification to the Supplier:(i)Including but not limited to fraudulent,threatening or fake information;(ii)Information irrelevant to the system or for purposes other than "procurement-supply";(iii)Information involving malicious bids or intended to disorder the normal transactions;(iv)Information that damage or is likely to damage the legal interests of Huawei and otherusers of the SCS;(v)Information containing content that violates the laws and social common interests;(vi)Information or programs that threaten or are likely to threaten the security of the SCS.(4)After Supplier terminates the use of the SCS,Huawei is entitled to but not obligated to maintain ortransfer Supplier's materials,including but not limited to the Supplier's basic materials andtransaction records,etc.2.2.For Supplier(1)Supplier shall submit the application for obtaining,modifying or terminating the authority to use theSCS to Huawei,and get the account and password of the relevant SCS once the application isapproved.(2)Supplier promises that any and all data and information that they provide to SCS are truthful andaccurate and make timely updates to relevant data and/or information after it changes.(3)Supplier shall not assign the user account and password of SCS to others or authorize others to usetheir user accounts in any form.Supplier shall take overall responsibility for any and all activities andevents carried out using such accounts.(4)Supplier shall also promise that any and all its actions implemented in the SCS comply with territorylaws and regulations,applicable regulations for the SCS,and various public interests or morality.Supplier shall take any and all applicable legal responsibility for legal consequences,if any,pursuant to the name of itself.(5)Supplier shall not produce any derivative work,release or display any data,content and/orinformation from this SCS including but not limited to IFB (short of "Invest for Bidding")documents,contract texts,and quotations by reproducing,modifying,or translating,and/or transmit informationwith super-links,load information into other servers with the "mirroring method",store it in theinformation retrieval system or use it for any other commercial purposes.(6)Supplier shall not login the SCS in any of the following ways or damage the system and its services:71122021Huawei ConfidentialPage 1 of 2HUAWEISCS AgreementConfidentiality:InternalAccess to or login the SCS by automatic ways,including but not limited to robotic software,screen-refreshing software,or others;(ii)Actions that cause or are likely to cause unreasonably or disproportionately heavy loads tothe internal structure of this SCS in any way;(iii)Interfere or attempt to interfere with the normal functioning of the SCS or any activitycarried out on it.3.Intellectual Property RightsHuawei owns the IPRs for the SCS and any and all the relevant software,programs,and content usedby it,including but not limited to works,pictures,logos,records,data,and webpage designs.IPRsinclude but are not limited to copyrights,trademark,patent rights,and other exclusive rights,which areall protected by applicable laws.4.LiabilitySupplier acknowledges clearly that any breach of these terms and conditions in this agreement maycause serious effect to Huawei.Should Supplier breach any provision of these terms and conditions,Supplier shall cure any breach within five (5)calendar days and indemnify and hold Huawei harmlessagainst any losses (including any and all direct,indirect,punitive,special or consequential losses)incurred by Huawei thereby.5.DisclaimerAll the information provided by Huawei through SCS are provided "AS IS",Huawei hereby does notprovide any warranty of any kind,whether express,implied or otherwise,including but not limited tomerchantability,fitness or performance for a particular purpose or non-infringement implied.Huawei does not provide any warranty of accuracy and completeness of any information in SCS.In any case,Supplier suffers direct or indirect,punitive,incidental,special,consequential damages orany other damages caused by or in connection with the use of or inability to use SCS or the informationof SCS,whether based on contract,tort,strict liability,or other compensation based on judgment,Huawei will not assume any responsibility,even Huawei has been advised of the possibility of theoccurrence of any such damage.6.Applicable LawThese terms and conditions in this agreement and any dispute or claim arising out of or in connectionwith it shall be governed by and construed in accordance with the laws of The People's Republic ofChina without reference to conflict of laws principles.71122021Huawei ConfidentialPage 2 of 2
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