Royalty-Free License Agreement

This License Agreement (the “Agreement”) is a legal agreement between the user (“you”) and SecureBrain Corporation (“SecureBrain”). SecureBrain hereby grants to you a license to use the service specified below (the “Service”) under the restricted conditions provided in this Agreement. SecureBrain provides the Service “as is,” and will not provide any warranty, guarantee, and maintenance and support services to any person on the Service. Please read this Agreement carefully before you use the Service, and if you use the Service, you are deemed to agree to the conditions of this Agreement. If you do not agree to any one of the conditions provided herein, please do not use the Service.

License

Subject to the terms of this Agreement, SecureBrain hereby grants to you a royalty-free, non-transferable, nonexclusive license to use the Service. You may use the Service only for non-commercial purposes. SecureBrain reserves the rights to add to, modify, suspend and terminate the Service at any time without notice.

Copyright, etc.

The copyrights, patents, trademarks, know-how and any other intellectual property rights in the Service or the information including texts, graphics in the Website where the Service is provided (the “Website”) belong exclusively to SecureBrain or third parties who grant such rights to SecureBrain and are protected by the Copyright Act of Japan and other relevant laws. Unless otherwise granted expressly on the Website, you may not download, upload, reproduce, modify, translate, sub-license or transmit regardless of its measures, the contents, in whole or in part, provided by the Service and on the Website without prior written consent of SecureBrain.

Disclaimer, No Warranty

The Service is provided “as is,” and SecureBrain disclaims any and all other warranties, whether express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, to the extent permitted by law. Without limitation of the foregoing, SecureBrain shall not warrant the quality and function of the Service, and that the Service will not be interrupted or defective. You assume sole responsibility for selecting, introducing, using, obtaining the results from, the Service to achieve your intended results.
SecureBrain shall not be responsible for any and all damages to you or any third party caused by the use of the Service. SecureBrain shall not provide support and maintenance services to you, nor modify the Service, even though there is any inconvenience or defect in the Service. In no event shall SecureBrain be liable to you or any party for any indirect, incidental, exemplary, or punitive damages or lost profits, even if SecureBrain has been advised of the possibility of such damages.

Suspension of Service

SecureBrain, at its discretion, may suspend or terminate a part or whole of the Service at any time including, without limitation, when SecureBrain:
(1) conducts urgent maintenance on the system, through which the Service is provided,
(2) has found difficulties in operating the system by Force Majeur, such as fire, blackout, etc., or assaults of third parties,
(3) is not able to operate the system by act of nature, etc., and
(4) judges that the system should be suspended by causes not within the fall of the foregoing.

Governing, Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Japan, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this Agreement shall be resolved in the Tokyo District Court of Japan for the first instances.

Amendment

SecureBrain may from time to time exercise the rights to amend the conditions provided in this Agreement without prior notice to you.

Miscellaneous

SecureBrain uses the information such as URL addresses, files, e-mail addresses, etc., obtained through providing the Service only for the purpose of increasing the quality of the products and services provided by SecureBrain. SecureBrain will manage and handle the information securely under our strict control. SecureBrain may entrust the handling of the information only to enterprises which are reliable and execute non-disclosure agreement with SecureBrain for the purpose of assigning a part of work of SecureBrain. SecureBrain may give notice to you in the form of electronic data through the electronic way, and you agree such notice is valid and effective.