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License agreement
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License agreement (TERMS AND CONDITIONS CONCERNING USE AND GUARANTEE)

DEAR CUSTOMERS:

Please be sure to read these terms and conditions concerning use and guarantee (“Terms and Conditions”) before you download JUSE-Statworks/V5 (including CD-ROM Version, DL Vesion and Trial Version defined below, collectively “Program”) to your computer or you activate this Program.

This is a legal contract between you and The Institute of Japanese Union of Scientists & Engineers (the “Company”) regarding the Program.

You agree to be bound by all of the terms and conditions by clicking the “I agree” button or by activation of the Program.

In case where you purchase/download the download version of the Program ("DL Versoin") or its trial version ("Trial Version"), if, for any reason, you are unable to agree with these Terms and Conditions, you must click the “I do not agree” button and do not download DL Version and Trial Version.

If you have downloaded DL Versoin or Trial Version, you are deemed to agree that you are bound by these Terms and Conditions.

In case where you purchase the CD-ROM version of the Program ("CD-ROM Version"), if for any reason, you are unable to agree with these Terms and Conditions, please return such CD-ROM Version to the retailer whom you purchased such CD-ROM Version within 14 days from your purchase thereof.

In such case, the retailer will refund the purchase price thereof to you.

If you have activated the Program, you are deemed to agree that you are bound by these Terms and Conditions.

If you agree with these Terms and Conditions, please register the Program.

TERMS AND CONDITIONS CONCERNING USE AND GUARANTEE

The Institute of Japanese Union of Scientists & Engineers (the “Company”) shall grant a non-transferable and non-exclusive license to use the Licensed Program which is provided together with these Terms and Conditions under the following provisions, and we cordially request the customers agree to these Terms and Conditions  provided hereunder. 

Article 1 Grant a License

The Company hereby grants you a non-transferable and non-exclusive license with no rights to sublicense to use the Program which is provided together with these Terms and Conditions under the following provisions and you agree to be bound by these Terms and Conditions provided hereunder.

Article 2 Selection and Use of Program

You shall be responsible for any selection, introduction, use and result of use of the Program which is made to achieve any outcome anticipated by you.

Article 3 Rights of Program, etc.

You acknowledge and agree that all copyrights, patents, trademarks, know-how and any other intellectual property rights of the Program and manuals thereof which are provided by the Company belong to the Company. You further acknowledge and agree that these intellectual property rights are protected by Copyrights Act of Japan and other applicable intellectual property rights laws and treaties. You do not obtain any rights concerning the Program; however, you are granted a limited revocable license regarding the Program as set forth under these Terms and Conditions.

Article 4 Contract Period

These Terms and Conditions shall be deemed to be agreed to by you and accordingly shall become effective when you download the Program into your computer/activate the Program, and shall remain duly effective until [30] days after download if the Program is a Trial Version, or the termination of use/ the update of the Program by you if the Program is a CD-ROM Version or DL Version and if you have paid all required license fee. If you violate any of these Terms and Conditions, the Company may terminate your use at its own discretion.

Article 5 Right of Use

You may personally use the Program which is provided pursuant to these Terms and Conditions within the scope of the right of use as specified in these Terms and Conditions, and any use beyond the scope of use as specified herein shall not be allowed.
You may install the Program into only one computer, whether that computer is physical or virtual, and may not use the Program on more than one device. You may not allow multiple users or multiple computers or devices to access or use the Program indirectly through the licensed one, and may not otherwise make it available to any third party.
In addition, You may use it for its own internal purpose, and may not use it for any other purpose, including without limitation to provision of any service to third party using the Program (such as SaaS). The Program is designed and provided to you as a single product. You may not unbundle or separate its component parts of the Program for use on other devices separately.

Article 6 Restrictions on Use

6.1 No Duplication of Program
You may not copy all or any part of the Program which is provided under these Terms and Conditions in any and all circumstances.

6.2 No Modification of Licensed Program
You may not modify the Program which is provided under these Terms and Conditions in any and all circumstances.

6.3 No Duplication of Printed Materials
You may not copy any manual (and other similar printed materials) which are provided by the Company as printed materials.

6.4 No Sale or Assignment to Third Party
Any sale, assignment, lease, distribution, grant of sublicense to third party or disposition of all or any part of the Program by you is forbidden.

6.5 No Reverse Engineering
You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Program, and may not make any derivative work from it.

6.6 Protection for Copyright Notice
You may not delete or modify any copyright notice, trademark notice and any other precautions contained in the Program, the manual and any documents regarding the Program.

Article 7 Support Service and its Period

If you purchased CD-ROM Version or DL Version and registered thereof in accordance with the procedure designated by the Company, you are able to receive the ordinary user support service (with free charge) from the Company. The effective period for this support service is one (1) year from the purchase thereof, and the Company may designate the scope and the contents of such support service at its own discretion. However, the Company provides you with such support service only within Japan, and you are able to receive only the support via e-mail from the Company during the above support service period if you use the Program outside Japan. The Company will not provide any support service to you if you downloaded a Trial Version.

Article 8 Scope of Warranty

If you purchased CD-ROM Version or DL Version within Japan, in case where there is a physical defect in a CD-ROM in which the Program is recorded or its manuals delivered to you and where the Company confirms such defect, the Company will replace or repair such defected CD-ROM or manuals, or refund the purchase price thereof to you at its own discretion (however, as to such refund of the purchase price, only if the Program does not work on your device although your device satisfies system requirements and other conditions specified in the Program's specification and manuals), only in case where you inform us of such defects within two (2) months after delivery. These are your only remedies for breach of warranty. If you purchased a DL version outside Japan, or if you downloaded a Trial Version, the Company will give you no warranties therefor.

Article 9 Limitation on Liability

Except otherwise provided in these Terms and Conditions, all Programs, its manuals, relevant documents and any information provided from the Company (collectively "Program, etc.") are provided "as-is" basis, and no warranties relating to the Program, etc. shall be given to you by the Company.

Therefore, the Company shall provide no warranties to you, whether explicit or implied, including warranty of merchantability and fitness for a particular purpose, with respect to the Program, etc.

In addition, the Company shall provide no representations and warranties whatsoever, including without limitation to warranties for accuracy, truthfulness and reliability, etc. relating to the Program, etc.

Except otherwise provided in these Terms and Conditions, the Company shall assume no responsibility for any damages and losses arising in connection with the Program, etc., including without limitation to, direct, indirect or consequential damages, losses of profits, punitive damages or special damages, even if the Company knows the possibility to arise such damages.

Further, if you make any inquiry relating to the Program, etc. to the Company, you acknowledge and agree that you may take certain time to receive an answer from the Company relating to your inquiry as the Company needs to make references for your inquiry to the base of our research and technology development section for our products developed by us, and are not assured to obtain such answer from the Company within your expected reply deadline. Even if the Company does not reply your inquiry by your expected reply deadline, the Company shall bear no liability therefor.

The Company’s aggregate liabilities owed to you, if any, with regard to the Program, etc. shall be limited to 100% of the amount paid by you to the Company for the Program.

Article 10 Confidentiality

You shall strictly keep any information obtained through use of the Program (including ID and Password) (the “Confidential Information”) in confidential and shall not disclose or divulge the Confidential Information to third party without prior written consent of the Company except any one of the following information which:

(1) was already possessed by you prior to disclosure;
(2) was already public domain prior to disclosure;
(3) becomes public domain after disclosure without your failure;
(4) is legally obtained by you from third party who has authority to disclose;
(5) is independently developed by you without any reference to the Confidential Information; or
(6) is required to be disclosed by laws or is ordered to be disclosed by governmental authorities or courts.

Article 11 Termination

11.1
If your breach any of the matters set forth herein, or if there is any material reason which causes difficulty in continuing with the fulfillment of these Terms and Conditions, the Company may immediately terminate these Terms and Condition without any prior notice to you.

11.2
In case of termination, you shall discard and dispose of all the Programs and mannuals received from the Company and its reproductions within ten (10) days from the date of termination, and you shall deliver a written document explaining such disposal to the Company. No money paid by you shall be subject to refund even upon the termination of these Terms and Conditions.

Article 12 Survival

Article 3, Articles 8 through 10, Article 11.2, and Articles 12 through 14 shall survive after termination, expiration or end of these Terms and Conditions for any reason whatsoever, regardless of the cause for termination, expiration or end and shall remain valid and binding upon the parties.

Article 13 Export Control

You acknowledge that the Program may be controlled under applicable export control laws, regulations and orders of governments. You agree to comply with all such applicable export control laws and regulations.

Article 14 Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of Japan, expressly excluding United Nations Convention on Contracts for the International Sales of Goods. You and the Company agree to submit to the exclusive jurisdiction of Tokyo District Court of Japan as a first instance for all dispute, controversies or differences arising between you and the Company, out of or in relation to or in connection with these Terms and Conditions.

NOTICE CONCERNING USER SUPPORT AND SERVICES

Thank you for purchasing our product.

The Company will offer the following services upon completion of the user registration. The “Registration” will be the information source that is required for registration and management of the customer information at the Company and for providing support to customers.

[1] Period of User Support and Services

User support and services of the Product shall commence after approval of the “Terms and Conditions Concerning Use and Guarantee” and the user registration, and shall continue during the maintenance service period set forth under Article7 of the Terms and Conditions.

[2] Notice Concerning User Support

This service offers solutions through email to customers who have made inquiries concerning any problems which arose related to the operating instructions of the Product that cannot be solved by customers themselves after reviewing the manual, etc. However, no support services shall be offered involving sending our staff to the customer’s place of use.

The following support services are available:

  • 1.Support services concerning basic operating instructions of the Product (system and Installation Guide, etc. provided by the Company) ;
  • 2.Support services on Installation & Activation of the Product;
  • 3.Research and support on problems dependent on printing and language environment;
  • 4.Research and support concerning abnormal termination;
  • 5.Download services concerning confirmed failures; and
    Company’s website (http://www.i-juse.co.jp/statistics/product_e/)
  • 6.Provision of latest information through its website and email services.