Please read this end-user license agreement (hereinafter referred to as this “Agreement”) carefully before installing the translation check software program, “Iro de Check” (hereinafter referred to as the “Software”).
This Agreement assumes that the end-user has agreed to be bound by the terms and conditions herein at the time the end-user commences use of the Software.
Article 1 Licensing
1. NIT Inc. (hereinafter referred to as “NIT”) grants the end-user a non-exclusive right of use (hereinafter referred to as the “License”) which permits use of the Software according to the terms prescribed in this Agreement.
2. Use of the Software by the end-user pursuant to this Agreement does not mean, in any sense whatsoever, that any rights are transferred, etc. to the end-user.
3. A license for the Software cannot be granted if the end-user is a citizen of a country subject to export controls by the US Government due to national-security concerns or other reasons.
4. All rights not specifically provided for in this Agreement are retained by NIT.
Article 2 Scope of License
The scope of the license is as follows:
1. Unless specifically agreed with NIT, the end-user may use one license for the Software on one computer in accordance with this Agreement.
2. Notwithstanding the preceding paragraph, the end-user may use the Software in accordance with each of the following items, according to the end-user’s operating environment:
(1) More than one person may, under the supervision of the end-user, use the Software installed on one computer within a scope that does not breach Article 5.
(2) If the Software user is limited to the end-user (or a specific employee in the case of corporate end-users), the Software may be installed on other computers used only by the end-user (or employee) on the condition that the Software is not used simultaneously.
3. The License shall continue throughout the duration of the term of validity of this Agreement.
Article 3 Copyrights
1. All copyrights, patent rights, trademark rights, know-how and other intellectual property rights relating to the licensed product and manual are retained by NIT.
2. The end-user may not loan or transfer the licensed product or manual to a third party, and may not establish collateral on the licensed product or manual, without obtaining prior written consent from NIT.
Article 4 Exemptions Relating to Guarantees
1. NIT shall not bear any expenses incurred as a result of downloading or installing the licensed product.
2. NIT shall not guarantee that the functions in the licensed product are suitable for the end-user’s specific purpose, and shall not make any guarantees regarding damage to the end-user resulting from misuse, etc. of the licensed product.
3. The end-user is responsible for consequences resulting from the selection, installation, and use of software by the end-user. NIT shall not assume any responsibility whatsoever relating to consequential damage, incidental damage, or loss of profit incurred by the end-user or any third party as a result of using the licensed product or manual.
Article 5 Prohibited Matters
The end-user is prohibited from engaging in the following acts:
1. Selling, sublicensing, lending, or transferring (including similar acts) the Software and/or password required to register the Software to a third party, unless specifically prescribed.
2. Uploading or posting the Software and/or the password required to register the Software and/or related documentation to electronic bulletin boards or websites, etc. accessible by the general public.
3. Repairing, adapting, reverse engineering, decompiling, or disassembling the Software or related documentation, creating other software using the Software, or issuing passwords required to register the Software.
4. Engaging in any other acts that discredit or damage NIT or third parties.
Article 6 Cancellation
1. If the end-user breaches any of the prohibited matters stated in each item of the preceding Article, NIT may request rectification or deletion by the end-user in writing, orally, or by email, etc., and NIT may report the end-user to the related competent authority if the end-user does not comply with such request.
2. NIT may terminate this Agreement due to its own circumstance. If this Agreement terminates, the end-user shall immediately destroy the Software, the password required to register the Software, and related documentation.
3. If the end-user upgrades the licensed product, this Agreement shall be cancelled, and the provisions of the agreement for the upgraded licensed product shall take effect.
4. If the end-user renews the term of use of the licensed product, this Agreement shall be cancelled, and the provisions of the agreement for the license product for the renewed term of use shall take effect.
Article 7 Term of Validity
1. This Agreement is valid from the time the end-user registers the password for the licensed product on their computer and, unless cancelled in accordance with the provisions of this Agreement, the licensed product may be used until the termination of the term of use of the password.
Article 8 General Terms and Conditions
1. This Agreement takes precedence over all agreements made between the end-user and NIT relating to the licensing of the licensed product prior to the execution into this Agreement.
2. This Agreement is governed by the laws of Japan.
3. The Tokyo District Court or the Tokyo Summary Court in Japan shall be the exclusive agreed court with jurisdiction in the first instance if legal disputes arise in relation to this Agreement.