Software License Agreement

Terms of Use for the JMAG Surrogate-Based Optimization Tool

This Terms of Use for the JMAG Surrogate-Based Optimization Tool (hereinafter referred to as the “Terms of Use”) stipulates the terms and conditions for using the Offline JMAG Surrogate-Based Optimization Tool (hereinafter referred to as the “Software”) provided by JSOL Corporation (hereinafter referred to as “JSOL”). Any person who installs the Software on a computer or uses the Software installed on a computer (hereinafter referred to as the “User” is deemed to have agreed to these Terms of Use and thereby enters into a binding agreement with JSOL incorporating these Terms of Use (the “Agreement”). If JSOL and the User will or have concluded a separate license contract in writing, said license contract shall take precedence over this Agreement.

1. JSOL grants the User the right to use the Software free of charge only after the User agrees to the Terms of Use.
2. JSOL may, as necessary, amend these Terms of Use or discontinue the Software. If JSOL discontinues the Software, JSOL will endeavor to provide prior notice to the User by a method deemed appropriate by JSOL, except in urgent circumstances.

(a) copying, modifying, reverse engineering, decompiling, disassembling or otherwise analyzing the Software, in whole or in part;
(b) allowing any third party to use the Software;
(c) redistributing the Software, in part or in whole;
(d) using the Software for unlawful purposes;
(e) using the Software to violate the rights of a third party;
(f) accessing the Software without authorization; and
(g) circumventing access controls, authentication functions or other technological protection measures.

JSOL provides the Software, including third-party open-source software, to the User 'as is' without any expressed or implied warranty in particular that the Software is merchantable, fit for a particular purpose, or that the Software does not infringe on rights of any third party. JSOL is not liable for any damages, including compensatory, special, incidental, exemplary, punitive or consequential damages, related to or resulting from use of the Software by the User or any third-party, whether direct or indirect, except in cases of JSOL’s willful misconduct or gross negligence.

JSOL or any third party who holds legitimate rights retains copyrights and other intellectual property rights in the Software, whether in its original form or in any copies or modifications thereof, including without limitation, the following rights:
(a) the right to license use of the Software to any third parties;
(b) the rights to lend or transfer the Software to any third parties; and
(c) the rights to create or use any and all derivative works of the Software.

The User shall not delete or falsify the copyright information under any circumstances.

1. The User shall not disclose or otherwise make available any confidential technical or sales information about JSOL acquired in relation to the Software to any third party. Moreover, the User acknowledges that the Software, whether in whole or in part, constitutes Confidential Information of JSOL.
2. The obligations of this Article shall survive the termination or expiration of this Agreement.

JSOL and the User represent and warrant that they currently are not, and will not in the future become, members of any organized crime group, and will not do business with such anti-social forces. Each party shall not engage in violence, intimidation, rumors or other acts to make demands or obstruct business itself or through a third party.

The permitted period of use of the the Software shall commence on the date of installation and continue through .

Before the expiration of the period of use, JSOL shall notify the User of the expiration date. If the User wishes to extend the period of use, the User shall submit a request by completing a questionnaire or through any other method designated by JSOL. Whether an extension of the period of use will be granted and the duration of any such extension shall be determined at JSOL's sole discretion.
If JSOL approves an extension of the period of use, JSOL will provide the User with a license key and any other information as necessary.

This Agreement shall terminate if the User breaches these Terms of Use or upon expiration of the period of use. Upon termination of this Agreement, the User shall stop using the Software, uninstall it from all computers on which it is installed, and delete any and all files acquired in relation to the Software.

1. The Software is a trial version and is not eligible for support services. Therefore, JSOL does not provide support for any technical inquiries related to the Software.
2. As a trial version of the Software, JSOL may not provide update notifications, new version releases or other commercial product services.
3. As a trial version, the Software may have some functional restrictions. See the README.TXT file provided with the Software or the download page for the functional restrictions, installation procedures and other information.
4. Except for the technical inquiries described in Paragraph 1 of this Article, inquiries may be directed to the following contact:

JMAG Business Company, JSOL Corporation
Address: KUDAN-KAIKAN TERRACE 11th Floor, 1-6-5,Kudanminami,Chiyoda-ku,Tokyo 102-0074, Japan
TEL: +81(0)3-6261-7361
E-mail: info@jmag-international.com

This Agreement shall be governed by and construed in accordance with the laws of Japan, and the User agrees that the Tokyo District Court shall have exclusive jurisdiction over all disputes arising out of or relating to this Agreement.