Client License Terms
Article 1 (Definitions)
1. The terms in this Agreement are defined below.
– “Target Device” refers to a portable information terminal or other telecommunications device upon which the user has installed the Client Software. -“Client Software” refers to software (including updates, patches, etc.) the User has been allowed to use by the rights holder according to this Agreement.
– “Rights Holder” refers to BizMobile Co., Ltd. (head office: Chiyoda-ku, Tokyo).
– “User” refers to the person who installs the Client Software on the Target Device and uses it.
Article 2 (License)
1. The Rights Holder grants permission to the User to use the Client Software as defined below, in accordance with the conditions of this Agreement.
- Installing and using the Client Software on a Target Device
- Using the Target Device to use software over a telecommunications line the Rights Holder or a partner manages
- Using manuals etc.
2. Rights granted to Users through this Agreement are non-exclusive and non-transferable, excluding those defined in this Agreement.
Article 3 (Scope of Permission)
1. The license shall be limited to the Target Device.
2. When using the Client Software outside of Japan (including use outside Japan of a Target Device that the Client Software has been installed on), it is the responsibility of the User to obtain the necessary permission of the government of Japan or the foreign country.
Article 4 (Intellectual Property Rights)
1. Patent rights, copyright, trademarks, and all other rights related to the Client Software (including rights to derivative works of the Client Software.) belong to the Rights Holder or the designated representative of the Rights Holder.
2. The User is not granted any rights of or related to the Client Software other than those defined in this Agreement, nor receives any other rights.
Article 5 (Prohibited Items)
1. The User shall not perform any of the actions defined below.
– Reproducing Client Software, performing analysis such as reverse-engineering, decompilation or reverse assembling, changing the contents, or creating derivative works.
- Using the Client Software for criminal purposes, to violate public order and morals, or to violate the rights of another individual.
- Violating the rights of the Rights Holder or other original rights holders related to the Client Software.
– In addition to actions defined above, using the Client Software in a manner or with a goal prohibited by the Rights Holder.
Article 6 (Sale and Export Regulations)
The user agrees not to sell, export, or transport the Client Software.
Article 7 (Disclaimers)
1. The Client Software is offered as is, and use of the Client Software is the responsibility of the User.
2. The Rights Holder does not guarantee that the Client Software will meet the specific needs of the user, is free of bugs etc., or will work properly without affecting the User’s devices etc.
3. The Rights Holder does not guarantee that use of Client Software will not violate the intellectual property rights or other rights of a third party.
4. From the standpoint of security, such as the Client Software, its security, or its availability, the Rights Holder may add, delete, or restrict Client Software functions, specifications, or contents without notice.
5. The User agrees to perform automatic communication using telecommunication devices and networks specified by the Rights Holder and its partners and agrees to shoulder the burden for all voice and packet charges etc. incurred during communication (whether inside Japan or not). The User agrees that the Rights Holder shall not be held responsible for this.
6. The User shall agree beforehand that the Rights Holder may obtain information (telephone numbers, location information, information on installed software, and other information retained on the device in question related to the Target Device) related to the device in question retained on the Target Device, in the course of using the Client Software.
7. If the User receives the Client Software or a service related to the Client Software from a provider not indicated by the Rights Holder, the Rights Holder shall not assume responsibility.
8. The Rights Holder shall not take responsibility for any disputes involving the Client Software or its use occurring between the User and a third party.
9. In addition to that defined in the three previous paragraphs, the Rights Holder is absolved of all responsibility for damages occurring to the User or a third party in using the Client Software (including but not limited to indirect damage, loss of profits, incidental damage, loss of trust) and shall not be held responsible for any compensation for damages.
Article 8 (Confidentiality)
The User agrees not to disclose or leak information (including but not limited to source code, binary data, and related software contents) related to the Client Software gained through its use.
Article 9 (Compensation for Damages)
If the User violates this Agreement causing damages to the Rights Holder, the User shall be held responsible for damage compensation.
Article 10 (Cancellation of Licensing)
The Rights Holder can cancel permission granted to the User to use the Client Software for the reasons defined below. In this case, the Rights Holder shall bear no responsibility for compensation of damages to the User.
- When the User has violated this Agreement.
- When the Rights Holder has lost some or all of the license rights relating to software, such as license rights to software that is the basis for development of the Client Software, or other basic software related to the Client Software.
- When the Rights Holder judges that it is not appropriate to provide the User with the Client Software.
Article 11 (Effect of Ending Contract)
1. If the User has lost rights related to the Client Software license, the User cannot use the Client Software from that point on.
2. In the case of the preceding paragraph, the User may not reuse materials related to the Client Software and shall delete or completely dispose of such materials. The Rights Holder or third party agrees to stop operation of or remove the Client Software using an application etc. they have prepared.
Article 12 (Furnishing of Personal Information)
The personal information of Users shall be provided to the Rights Holder or partners and used, only when necessary for the User to use the Client Software, or for the Rights Holder or the Rights Holder’s defined agent to provide the Client Software or services that use it.
Article 13 (Miscellaneous)
1. The User permits the Rights Holder and its partners to transmit notices related to this
Agreement and information related to sales or technology to the E-mail address received from the User.
2. The User agrees that the Rights Holder may notify the User by posting to the Rights Holder’s website.
Article 14 (Court of Jurisdiction)
Lawsuits between the User and the Rights Holder related to this Agreement shall be heard in the Tokyo District Court, Court of Jurisdiction over Exclusive Agreements.
Article 15 (Changes to Service Usage Standards and this Agreement)
1. The Rights Holder may change service usage standards or this Agreement at any time.
2. When service usage standards or this Agreement are changed according to the previous paragraph, the User is hereafter bound to these changes and must abide by the changed Agreement.
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Established, September 5, 2011