End User License Agreement

This End User License Agreement (“EULA”) is an agreement between all clients that use this software (“Users”) and National Institute of Advanced Industrial Science and Technology, having its principal office at 1-1-1 Umezono, Tsukuba, Ibaraki, Japan (“AIST”). This License governs Users’ use of this software and all related documentation (manuals, packaging) either printed or files, downloaded or accessed on-line, as well as updates and upgrades that replace or supplement the software and shall not be distributed as a separate license (hereinafter collectively referred to as the “Software”). The Software is licensed, not sold. By installing or using the Software, Users confirm to have read the EULA and consent to be bound by the terms and conditions defined herein. If Users do not agree to the terms of the EULA, Users are not permitted to install or use the Software. The Software is protected by national intellectual property laws as well as by international intellectual property treaties.
 

The License

Subject to the EULA, AIST grants Users a non-exclusive and limited license to install and use copies of the Software on computers (depending on the type of the operating system which the Software is designed for), for non-commercial purposes, only for Users’ personal use if Users are an individual or within your organization if Users are an organization, on condition that Users report your use by email to AIST. AIST only licenses the Software and Users hereby acknowledge that no copyrights, intellectual property rights, title, ownership or any other rights of the Software shall be transferred or assigned to Users. Any rights not expressly granted to Users by the EULA are retained by AIST. The EULA terminates immediately if Users attempt to circumvent technical protection measures used in connection with the Software.

 

Limitations

Users are not entitled to (a) use the Software for any commercial purposes, that is the purposes intended for derivation of any direct or indirect economic benefits; (b) distribute, sublicense, rent, lease, transfer of assign the Software to any third parties, unless expressly stipulated herein; (c) install or use of the software on the network, grant an access to it online; (d) bypass any technical protective measures used to prevent unlawful use or copying of the Software or any of its features; (e) reverse engineer, decompile, disassemble, make derivative works or modify the Software, (f) remove or modify any of the trademarks, logos and other notices contained in the Software.  

 

Disclaimer

AIST shall not be liable for any damage arising from or relating to any defects or malfunctions, etc. of the Software and its incidental data, etc.  

 

Limitation of Liability

AIST shall in no event be liable for any damage, direct or indirect, special, incidental or consequential damages arising out of the use or inability to use the software. This includes but is not limited to lost profits, damage of hardware or software, stoppage and work stoppage due to its malfunction. This in particular means that liability of AIST based on the EULA, tort or other legal theory, is excluded to the greatest extent permitted by law.  

 

Termination of the EULA

AIST may terminate the EULA for any reason whatsoever at any time. AIST may forthwith terminate the EULA by submitting a written notice (including email) to Users. If Users breach the provisions of the EULA, AIST may terminate the EULA upon written notice (including email), and/or pursue any claims under any applicable laws. The EULA will be terminated immediately if Users attempt to circumvent technical protection measures used in connection with the Software. If the EULA terminates or expires, Users shall permanently uninstall and delete the Software and any copies thereof.  

 

Entire Agreement

The EULA shall be governed by the laws of Japan. Any dispute arising out of the EULA or any individual contract hereof shall be subject to the exclusive jurisdiction of the Tokyo District Court. The EULA constitutes the entire understanding between the parties which supersedes any prior agreements, written or oral, within the scope of the object of the EULA.