In order to promote the healthy development of Guangdong's software industry, create and maintain a fair software market environment, and protect the legitimate rights and interests of software enterprises and users, this Convention is formulated in accordance with relevant national laws, regulations and rules.
This Convention is the code of conduct and industry standard for software research, development, production, sales, service, training, media promotion, product and technology import and export in Guangdong Province. All enterprises (including branches of foreign enterprises in China), institutions, social organizations and other units (hereinafter referred to as software business units) engaged in the above-mentioned software business activities within the territory of Guangdong Province shall be bound and protected by this Convention, in addition to complying with relevant national laws and regulations.
Article 1 The software products and services provided by software business units to users shall conform to the relevant national technical and safety standards. Software business units should fully protect the legitimate rights and interests of users, strive to improve product quality and provide good technical services:
1. Software products provided to users shall be registered in accordance with the Measures for the Administration of Software Products. Software business units engaged in system integration services shall clearly indicate their system integration qualification levels to users;
2. The software products provided to users shall meet the performance and quality standards promised in their product introduction or supply agreement;
3. The contents, methods and service prices of technical services shall be clearly defined to users in written form, and the free service period shall not be changed at will.
Article 2 Promote the development of mutually beneficial cooperation between software business units in accordance with the principles of legality, honesty, fairness and equal value and compensation, and strive to improve the level and competitiveness of software in Guangdong Province. Promote bilateral or multilateral technical exchanges and business cooperation between software business units, and learn and use other people's software technologies and achievements reasonably and legally. Software business units should actively recommend other related products and services to users for their choice when their software or services cannot meet the needs of users.
Article 3 A software business unit shall respect the software copyright, patent right, trademark right and trade secrets enjoyed by others, consciously abide by the laws and regulations of the state on intellectual property rights, and actively cooperate with relevant government departments and Guangdong software industry associations and local associations to crack down on infringement and piracy activities. Software business units shall not use unauthorized software products in their computer systems or help others to make or use infringing software. It is strictly forbidden to make, sell, import and export pirated software in any form or provide pirated software to others in other ways. Guangdong Software Industry Association will expel the software business units that have been found to be infringed by the court by announcement, and propose to the relevant government departments to cancel their qualifications to participate in government investment projects within a certain period of time.
This Convention shall be interpreted by Guangdong Software Industry Association and shall come into force as of the date of promulgation. For any behavior that hinders the development and progress of the industry and harms the interests of the industry, the software business unit, Guangdong Software Industry Association and local association have the right to take necessary measures to stop it in accordance with relevant national laws and regulations and this Convention.