JSOL Corporation (hereinafter referred to as the “JSOL”) shall stipulate the following terms and conditions of use (hereinafter referred to as the “Agreement”) with respect to the use of JMAG Interface Information provided by JSOL (hereinafter referred to as the “Information”). The party applying for the use of the Information (hereinafter referred to as “Developer”) shall subject to compliance with this Agreement, and Developer shall be deemed to have fully understood and agreed to this Agreement by storing all or part of the sample data and manuals contained in the Information on a storage device, such as a hard disk of a computer, or by using the Information stored on a computer.
When JSOL accepts the application for use from the Developer, JSOL shall notify the contact person mentioned in the application of the URL of JMAG open interface developer website (hereinafter referred to as the “Developer Website”) for downloading the Information by e-mail. Developer may download and use the information from the Developer Website free of charge, subject to consent to this Agreement.
Developer may use the information to create interfaces between JMAG and other software (hereinafter referred to as the “IF Program”) and may, under Developer’s responsibility, provide users wishing to use the IF Program (hereinafter referred to as the “Users”). In such cases, Developer shall clarify the corresponding version of JMAG and inform the users accordingly.
Regarding Developer’s use of the Information, JSOL prohibits any of the following acts:
1. Reproduction, modification or reverse engineering of the Information.
2. Cause a third party to use the Information.
3. Acts of selling the Information in the course of trade
4. Acts of making a false application for use
5. Acts of using the Information by impersonating a third party
6. Acts of using for military purposes
7. Acts of uploading malicious programs such as computer viruses to developer websites and JSOL websites
8. Any other acts that JSOL determines to be inappropriate.
THE INFORMATION IN HEREUNDER IS PROVIDED “AS IS” AND JSOL DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, A RESULT OF THE DEVELOPER’S USE OF THE INFORMATION OR IF PROGRAMS, AND NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSES. IN NO EVENT SHALL JSOL BE LIABLE TO THE DEVELOPER AND THIRD PARTY FOR SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF USE DAMAGES) ARISING OUT OF A BREACH OF THIS AGREEMENT, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, OR SUCH BREACH WAS FORESEEABLE
JSOL is the sole and exclusive owner of all rights in the Information and all intellectual property rights (including, but not limited to the following rights) associated herein whether original or duplicated.
1. Right to grant the right to use the Information to a third party
2. Right to lease and assign the Information to a third party
JSOL shall display the following contents in the Information to indicate the copyright of JSOL: Developer may not erase or falsify the copyright notice of the Information.
1. Author identification
2. Copyright symbol (©)
3. Creation date (western calendar)
Developer shall not disclose to any third party about any confidential information obtained in connection with the Information. In addition, Developer acknowledges that all or part of the Information is confidential information subject to JSOL’s proprietary rights.
2.The obligations of this Article shall survive the termination of this Agreement shall remain in full force and effect after the termination of the Agreement.
Developer represents and warrants to the JSOL that Developer does not fall a quasi-member of a gang, a gang affiliate or group, a blackmailer camouflaged as a social movement activist, a special violent group, or any other persons equivalent to these (hereinafter referred to collectively as the “Anti-Social Forces”); and shall not fall now or in the future. Developer shall affirm that they will not engage in any act by themselves or through the use of a third partythat falls unreasonable demands using violent or threatening words and actions; and acts that damage the reputation or credibility of the other party ;and interfering with the other party’s business by means of deception or force.
The period during which the Developer may use the Information shall commence on the date the Information is downloaded from the Developer Website and terminate on the date JSOL submits a declaration of its intention to terminate to the Website, and notifies the contact person specified in the application for termination. The Developer may not be able to use the IF program after receiving the termination notice. JSOL may decide to terminate at its discretion, and the Developer shall not seek compensation from JSOL for any and all damages caused by the termination of the period of use for any reason whatsoever.
2. In the event that a separate written license agreement is entered into between Developer and JSOL with respect to the Information, or is entered into, the terms of such agreement supersede the terms of this Agreement.
If the Developer has breached any of its obligations set forth in this Agreement, or upon the termination or expiration of this Agreement, Developer cease all use of Information and associated documents. And Developer destroy all sample data (including duplicates and IF Program), associated manuals, and all JSOL’s documents from all Developer devices, equipment, and systems;
2. Developer shall compensate the JSOL for any damages arising from any breach of this Agreement or use of the Information.
The Information is not subject to technical support under JMAG’s fee-based maintenance contract. Developer and Users may not require any technical assistance from JSOL. JSOL may notify the contact person provided in the application when JSOL updates the Information.
2.Please visit the Developer Website for details on how to install IF Program. For inquiries other than those in Clause 1 of this article, please contact the following.
This Agreement shall be governed by and construed in accordance with the laws of JAPAN without regard to the conflicts of law principles thereof.
The TOKYO District Courts shall have exclusive jurisdiction in relation to all disputes arising out of, or in connection with, this Agreement. Each Party waives any objection to the exercise of that jurisdiction
JMAG Division, JSOL Corporation
Address: Harumi Triton Square Tower Z 5th Floor 1-8-12 Harumi, Chuo-ku, Tokyo 104-6205, Japan
TEL: +81 (3) 5859-6007
FAX: +81 (3) 5859-6030