Software license agreement
The contract sets condition of customer (we assume "customer" as follows) about the use right consent of software (we assume "licensed software" as follows) which we donate to customer between ELECOM CO., LTD. (we assume "us" as follows) as follows. Customer, please perform downloading of licensed software and installation by responsibility of customer. About the damage to occur to customer by downloading of licensed software and installation, we do not take responsibility at all under any circumstance.
Article 1 (basic rule)
Licensed software is protected by copyright inside and outside Japan and laws and ordinances about other intellectual property rights and treaties. Licensed software is had licensing of for customer according to condition of the contract by us, and intellectual property rights such as copyrights of licensed software belong to us and will not move to customer.
Article 2 (the right to use)
- 1. We consent to the nonexclusive right to use of licensed software to customer.
- 2. We download and, with the right to use of licensed software to produce by the contract, say right to use to operate individual our products (we assume This product as follows) needing consent software to personal computer which customer uses licensed software for.
- 3. Customer reproduces all or a part of the licensed software and cannot modify copying and correction, addition for this.
Article 3 (limit of right)
- 1.Customer reuses licensed software and consents and shall not have to let third party use in loan or lease or other methods.
- 2. Each licensed software is consented to subject to use in This product. Customer separates a part of the licensed software or the component from licensed software and shall not use.
- 3. Using licensed software, you shall not have to perform act to violate rights such as copyrights of us or third party.
- 4. Customer can transfer all of rights about licensed software of customer based on the contract only by integrating with This product with the proviso that concessioner agrees to article of the contract. But, in that case, customer cannot hold duplicate of licensed software and must transfer all (you include all components, mediums, electronic filing documents and this contract) of licensed software.
Article 4 (right of licensed software)
All rights shall belong to original rightful claimant (we assume original rightful claimant as follows) who detected right to perform licensing for customer based on us or the contract in us, and customer shall not have right except the right to use consented to based on the contract about consent software in copyrights about licensed software.
Article 5 (range of responsibility)
- 1. As for us and the original rightful claimant, licensed software will not guarantee downloading and that we can install normally. In addition, we and original rightful claimant will not guarantee that the damage does not occur to customer by downloading of licensed software and installation.
- 2. We and original rightful claimant do not guarantee error, that there is not malfunction such as bugs or that licensed software operates without interruption or that use of licensed software does not cause damage to customer and third party for licensed software. In addition, we and original rightful claimant will not guarantee that licensed software does not violate intellectual property rights of third party.
- 3. We cancel product, software except licensed software which operation of licensed software depends on or network service (we include without being limited when third party provides when we or original rightful claimant provides) by judgment of provider of the software concerned or network services or may stop. We and original rightful claimant will not guarantee these products, software which operation of licensed software depends on or network services operating without interruption normally and thing operating normally for the future.
- 4. Compensation for damages responsibility of us for customer and original rightful claimant sets a ceiling of the purchase price for This product which we are limited to the normal damage that occurred to customer directly and practically and customer proves under any circumstance unless the damage concerned depends on intention of us or original rightful claimant or gross error.
Article 6 (copyright protection and automatic updating)
- 1. Customer shall obey copyright inside and outside Japan and laws and ordinances about other intellectual property rights and treaties on use of licensed software.
- 2. When customer connected This product to server of us or our third party to appoint, function of consent software adds customer with consent software being updated for the purpose of improvement of security capability of (i) consent software, correction of error, improvement of update function appropriately, update of the consent software (ii) concerned, and the contract shall agree to what is applied about change or thing that may be deleted and (iii) updated consent software.
Article 7 (the cancellation of a contract of contract)
- 1. When we violate article which customer fixes for the contract, they shall be able to cancel the contract promptly.
- 2. When the contract is finished by regulations of foregoing paragraph, we discard all of licensed software within two weeks from day when contract was finished, or customer shall return for us. When customer discards licensed software, we shall present document proving so promptly to us.
- 3. When the contract is finished by regulations of Honjo Paragraph 1, regulations of Article 4, Article 5, Article 7 Paragraph 2 and Paragraph 3 and Article 8 Paragraph 1 and Paragraph 3 to Paragraph 5 shall continue effectively.
Article 8 (others)
- 1. The contract shall be based on Japanese federal law.
- 2. When customer runs away with licensed software outside Japan and uses, we shall follow a certain application regulations, law, export control regulation, order.
- 3. About all disputes in conjunction with the contract, we assume district court of our head office location or summary court exclusive jurisdiction court of the first trial.
- 4. When some articles of the contract become invalid by laws and ordinances, the article concerned shall still continue effectively as far as it is admitted that it is effective in laws and ordinances.
- 5.When we produce doubt for interpretation of matter not to fix for the contract or the contract, customer and we discuss in all sincerity and shall solve.