This Terms of Use (hereinafter called “Terms”) provides for the conditions to use “plus Auth", an iPhone application provided by FUJIMIC, Inc. (hereinafter called "COMPANY"), and is concluded between the customer who uses the Product (hereinafter referred to as the “USER”) and the COMPANY. The Customer using the Product needs to agree to the Terms.
1. USER License
- (1) COMPANY HEREBY GRANTS USER THE NON-EXCLUSIVE, NON-TRANSFERABLE RIGHT TO INSTALL ON USER’S OWN DEVICE, USE, AND/OR DUPLICATE “plus Auth” (hereinafter called “SOFTWARE”).
- (2) USER shall install SOFTWARE only on devices specified by COMPANY.
- (3) USER shall not alter, decompile, reverse engineer, disassemble, decode, extract, or engage in any other similar acts with regard to SOFTWARE.
- (4) USER shall not transfer any of its rights under this AGREEMENT to use and/or duplicate SOFTWARE to any third party.
2. Liability, Etc., of USER
- (1) USER acknowledges and agrees in advance to bear legal liability to COMPANY should COMPANY incur damages as the result of any of the following:
- a. Breach of any of the provisions of this AGREEMENT by USER,
- b. Inappropriate or mistaken use of SOFTWARE by USER, or
- c. Alteration of SOFTWARE by USER.
3. Cautions
- (1) COMPANY retains all intellectual property rights including, but not limited to, ownership and copyrights of SOFTWARE. USER has acknowledged in advance that no ownership, rights, or interests in connection with any trademarks, service marks, logos, or trade names whatsoever have been granted to USER.
- (2) USER shall use SOFTWARE at its sole responsibility upon acknowledgement that there is a risk that:
- a. COMPANY's or another compnay’s system(onsite, cloud and all other including the authentication system, (hereinafter called "AUTHENTICATION SYSTEMS") may fail to be authenticated as the result of loss, theft, failure, or any other similar event of a device having SOFTWARE installed (hereinafter called “DEVICE”).
- b. There is also a risk that authentication of AUTHENTICATION SYSTEMS may fail as the result of a failure of the DEVICE or network error.
- c. There is also a risk that authentication of AUTHENTICATION SYSTEMS may fail as the result of deletion from DEVICE of settings pertaining to AUTHENTICATION SYSTEMS.
- d. The software may not function correctly depending on the OS type or version of your device.
4.Disclaimer of the Company
- (1) The Company does not guarantee, either implicitly or explicitly, the absence of factual or legal defects in the Product (including defects, errors or bugs and infringements related to such items as safety, reliability, accuracy, completeness, effectiveness, suitability for a particular purpose and security.)
- (2) The Company shall not assume any obligation to provide the product to the Customer free of such defects.
5. Changes to the Terms
- The Company may change the Terms at any time without prior notice to the Customer if the Company considers it necessary. The changed Terms shall become effective when the Company posts it in this service, and the Customer, by continuing to use this service after the change of the Terms, shall be deemed to have given their effective and irrevocable consent to the changes to the Terms.
6. Export Regulations
- SOFTWARE shall be subject to any restrictions of the laws and regulations of Japan in relation to export regulations, as well as customs laws and regulations in other countries. USER shall bear full liability under and comply unconditionally with such laws and regulations. COMPANY shall bear no liability to USER for the result of any use outside of Japan.
7. Governing Law, Jurisdiction
- The official text of the Terms is in Japanese, and shall be governed by the laws of the country of Japan. For disputes that occur between the Company and the Customer due to or related to the Product, the Tokyo District Court shall be the exclusive agreement jurisdictional court of first instance.