These terms of use (these “Terms of Use”) set forth below govern the customer’s use of “HULFT Cloud Services,” the cloud services (“Services”) provided by Saison Technology International (the “Company”). The customer’s use of the Services is conditioned upon the customer’s compliance with these Terms of Use. By using the Services, the customer will be deemed to have fully understood and agreed to these Terms of Use and the “HULFT Cloud Service Specifications” (“Service Specifications”).
Article 1. The Terms of Use and Applicable Scope
- 1.1 These Terms of Use apply to any and all of the customer’s use of the Services.
- 1.2 Any terms and conditions that the Company informs the customer of shall be, regardless of how they are provided, incorporated into these Terms of Use, and the customer will consent to such incorporation.
- 1.3 If there is any conflict in the provisions of these Terms of Use and the Subscription Agreement (including any special terms and conditions), the provisions of the Subscription Agreement (as defined below) shall prevail over these Terms of Use.
Article 2. Contents of the Services
- 2.1 The contents of the Services are as set forth in the Service Specifications.
- 2.2 The charges for the Services that the customer pays to the Company is as set forth in the quote provided by the Company to the customer.
Article 3. Use of the Services
- 3.1 An agreement to use the Services (“Subscription Agreement”) is formed when the Company accepts the customer’s application for use of the Services submitted pursuant to the method prescribed by the Company. When the customer applies for the use of the Services, the customer shall at the same time submit an application to commence the use of the Technical Support (defined in Article 23) in a method separately designated by the Company.
- 3.2 When the customer applies for the use of the Services, the customer shall make the following representations and warranties:
- (1) that all information that the customer provided to the Company for use of the Services is accurate and reflects the current status thereof;
- (2) that the customer has any and all rights, power, and authority necessary for entering into the Subscription Agreement, and for performing the obligations set forth in these Terms of Use; and 2
- (3) that the customer has fully understood the terms of these Terms of Use and the Service Specifications, and the customer has agreed thereto.
- 3.3 After the formation of the Subscription Agreement, the Company will send to the customer’s registered e-mail address a user’s guide informing the customer of the customer’s ID and the URL for the service site (“User’s Guide”).
- 3.4 The customer may use the Services within the scope of purpose prescribed in these Terms of Use and in a manner that is consistent with these Terms of Use, and in compliance with the methods or rules prescribed by the Company.
- 3.5 The customer may use the Services only for the purpose of performing the customer’s own company’s internal business; provided, however, that if it is necessary for the customer to have third parties, such as the customer’s subcontractors, use the Services in performing the internal business of the customer’s own company, the customer may have such third parties use the Services under the condition that the customer will have such third parties comply with these Terms of Use and that the customer will be liable for any breach of these Terms of Use by such third parties.
- 3.6 The customer shall use the Services at the customer’s own responsibility and shall be liable for the customer’s acts taken using the Services (including the customer’s own acts and acts of the customer’s employees, subcontractors, and agents, etc.) and their results, and shall hold the Company harmless from any claim, detriment, charge, or damage.
Article 4. User ID, etc.
- 4.1 The Company shall issue an ID to the customer in providing the Services (“User ID”).
- 4.2 The customer shall log in to use the Services using the customer’s User ID and password.
- 4.3 Unless separately prescribed by the Company, the customer may not allow a third party to use the customer’s User ID or password nor may the customer sell, transfer, loan, or otherwise dispose of the customer’s User ID or password.
- 4.4 The customer shall be responsible for managing and using the customer’s User ID and password, and the Company shall assume no liability whatsoever for the customer’s misuse, mismanagement or unauthorized use of the customer’s User ID or password by third parties.
Article 5. Subcontracting
The Company may at its discretion subcontract all or part of the operations necessary for providing the customer with the Services and the Technical Support (defined in Article 23).
Article 6. Amendment of these Terms and Conditions
- 6.1 The Company may amend these Terms of Use from time to time, and the amended Terms 3 of Use shall apply to the customer’s use and to the customer’s Subscription Agreement.
- 6.2 The Company may amend the Service Specifications from time to time. The Company shall give notice to the customer of any amended Terms of Use and Service Specifications upon posting them on the Company website at https://saison-technology-intl.zendesk.com/hc/en-us, and the customer shall use the Services in compliance with the most current Terms of Use and Service Specifications and is responsible for regularly checking the Company website postings in order to remain up to date.
Article 7. Notice of Change
- 7.1 The customer shall promptly give notice to the Company if there is any change in any of the information submitted to the Company at the time of the customer’s application for the Services.
- 7.2 The Company assumes no liability whatsoever for any detriment suffered by the customer due to the customer’s failure to give notice required under the preceding paragraph.
Article 8. Handling of Personal Information and Privacy
- 8.1 In providing the Services, the Company shall properly handle the personal information (as defined in the data protection laws in California and the U.S. applicable to the Company), the secrecy of the communication, and privacy, etc. in accordance with the data protection laws and the telecommunication laws in California and the U.S. applicable to the Company, any other relevant laws and regulations, and the Company’s Privacy Policy available at https://saison-technology-intl.com/policies/.
- 8.2 The customer shall agree that the Company may use the management records and history regarding uploading of the Data (defined in Article 9.3) (“Management Records”) to the extent necessary for providing the Services.
- 8.3 The customer shall agree that the Company may send to the customer by e-mail the Company’s or third parties’ advertisements for goods and services.
Article 9. The Customer’s Responsibilities
- 9.1 The customer shall process and resolve at the customer’s own responsibility and cost any damage suffered by a third party or any claim or other demand made by a third party due to an event attributable to the customer in using the Services. The customer shall also process and resolve at the customer’s own responsibility and cost any damage suffered by the customer or any claim or other demand the customer makes against a third party in using the Services.
- 9.2 The customer shall, at the customer’s own responsibility and cost, take any security 4 measures to prevent computer virus infections and to prevent any unauthorized access or divulging of information, as is reasonably appropriate for the customer’s situation in which the customer uses the Services. Unless due to the Company’s intentional act or gross negligence, the Company assumes no liability whatsoever for any damage suffered by the customer due to unauthorized access or divulging of information.
- 9.3 The customer is responsible for the contents of the texts, images, programs, and any other information uploaded by using the Services (“Data”), and the Company makes no warranty regarding the contents of the Data, and assumes no liability whatsoever for any damage arising from the Data. 9.4 The customer shall save a copy of the Data at the customer’s responsibility, and the Company assumes no liability whatsoever for storing, saving, or backing up a copy of the Data.
- 9.5 The customer shall indemnify the Company for any damage caused by the customer in using the Services.
- 9.6 The customer shall, at the customer’s responsibility and cost, resolve any dispute such as complaints, objections, or claims for damages made by third parties against the Company arising from the customer’s use of the Services or the contents of data, etc., and the Company assumes no liability whatsoever for such disputes. The customer shall indemnify the Company for any damage suffered by the Company in such dispute.
- 9.7 If the customer uses the Services outside of the U.S., the customer shall bear any applicable tax imposed on the use of the Services in such countries where the customer uses the Services.
Article 10. Prohibited Acts
- 10.1 In using the Services, the customer shall not engage in any of the following:
- (1) an act that will or is likely to infringe upon copyrights, trademark rights, or other intellectual property rights, or other rights of the Company or third parties;
- (2) an act of illegitimately rewriting or deleting the information stored in the Company’s facilities, or falsifying the information available regarding the Services;
- (3) an act that is likely to hinder the Company’s operation of the Services;
- (4) an act of using or having a third party use the Services for the purposes other than to perform the customer’s company’s internal business;
- (5) an act of providing the Services to third parties as performance of the customer’s services that the customer has been entrusted by such third parties;
- (6) an act in violation of laws and regulations or public order and morals;
- (7) an act of discrimination, mental abuse, or defamation against the Company or third 5 parties;
- (8) an act of invading third parties’ privacy;
- (9) a criminal act, an act related to a criminal act, or an act of inducing or soliciting participation in criminal acts;
- (10) an act of transmitting or posting pornographic, nude, obscene, or violent images, expressions, or indications, or other images, expressions or indications that would make the general public feel offended; an act of transferring or uploading expressions or indications that fall under child pornography or child abuse;
- (11) a harmful or fraudulent act, including those detrimental to others, the Company’s business, or the Company’s reputation, such as marketing or dissemination of fraudulent products, services, schemes, or promotions (including get-rich-quick schemes, pyramid schemes, multilevel marketing, phishing, or pharming), or involvement in other fraudulent activities;
- (12) an act of spoofing and using the Services as a third party;
- (13) an act of using the User ID in an unauthorized manner;
- (14) an act of uploading computer viruses and other harmful computer programs, etc.;
- (15) an act that will or is likely to hinder the use or operation of a third parties’ facilities or facilities for the Services;
- (16) an act of using the Services in a manner that would breach the security of networks, computers, communication systems, etc., including unauthorized access and interception;
- (17) an act of using the networks in an unauthorized manner, such as evading the system restrictions;
- (18) an act of exchanging military information; or
- (19) other acts that the Company deems inappropriate.
- 10.2 The customer shall immediately give notice to the Company if the customer becomes aware that any of the acts listed in the preceding paragraph has occurred or is reasonably likely to occur.
Article 11. Use Period and Charges
- 11.1 The customer shall pay the charges for the Services listed in the Service Price List and any consumption tax, etc. for the period designated in the customer’s application for the Services (“Use Period”). The Company may increase the charges or add a new charge or rate, etc. by giving the customer notice at least thirty (30) days prior to such change.
- 11.2 If the customer exceeds the upper limit for the communication volume per calendar month listed in the Service Price List (“Upper Limit for Communication Volume”) in the use of the 6 Services, the Company may claim the excess charge as described in the Service Specification (“Excess Charge”) and any consumption tax, etc. to the customer upon notifying the customer of such Excess Charge.
- 11.3 During the Use Period, the customer will be required to pay the charge and consumption tax, etc. for the Services for the Use Period regardless of whether the Services were unavailable due to suspension of the Services as prescribed in Article 13.
- 11.4 If the customer falls behind in payments for the charges and/or any consumption tax, etc. prescribed in
- 11.1, the customer will be required to pay 14.6% per annum of the payment amount on a per diem basis in addition to the original payment amount.
- 11.5 The customer shall not demand a refund of payments already paid; provided, however, that this provision shall not apply to the refund set forth in Article 16.2.
- 11.6 If the consumption tax rate changes during the Use Period, the customer will be required to adjust the amount of the consumption tax in the monthly amount of the charges already paid pursuant to 11.1 (from the month when the rate change applies until the last month of the Use Period) in the manner prescribed by the Company.
Article 12. Continued Use of the Services after Expiration of the Use Period
- 12.1 The Subscription Agreement will expire on the expiration day, unless the customer submits an application for continued use of the Services to the Company thirty (30) days prior to the expiration of the Use Period.
- 12.2 If the customer’s Use Period expires while the Services are suspended pursuant to Article 13.1 (1), the customer may not file a new application for use of the Services, unless the customer pays the charges and any consumption tax, etc. that accrued during the Use Period.
- 12.3 If the customer’s Use Period expires while the Services are suspended pursuant to Article 13.1(2), the customer may not file a new application for use of the Services, unless the customer pays the Excess Charge and any consumption tax, etc. that accrued during the Use Period.
Article 13. Suspension of the Services
The Company may, without giving the customer any advance notice, suspend all or part of the Services if:
- (1) the customer fails to pay the charges for the use of the Services by the end of the month following the month in which the customer begins such use;
- (2) the customer fails to pay the Excess Charge by the end of the month following the month in which the customer exceeds the Upper Limit for Communication Volume;
- (3) a regular or emergency inspection or maintenance is conducted on the computer 7 systems used for the Services;
- (4) the system is overloaded;
- (5) it becomes necessary to assure the customer’s security;
- (6) the computers, communication lines, etc. are disrupted due to accidents;
- (7) it becomes impossible to operate the Services due to fire, power outage, natural disaster, or other force majeure events;
- (8) there is trouble within the external connection services, the external connection services are ceased or suspended, or if the connection with the Services is suspended, or the specifications of the external connection services are changed, or there is a similar event with respect to the external connection services;
- (9) the customer is in breach of Article 10; or
- (10) The Company reasonably determines that it is necessary to suspend the Services.
Article 14. Early Termination of the Subscription Agreement
- 14.1 The customer may terminate the Subscription Agreement by giving the Company a notice in a method prescribed by the Company no later than thirty (30) days prior to the desired termination date. Provided, however, if the customer does not mention the desired termination date or if there is less than thirty (30) days between the receipt of the notice of termination and the desired termination date, the termination date shall then be deemed to be thirty (30) days after the date on which the notice of termination is received by the Company.
- 14.2 The customer shall immediately pay any outstanding charges for the Services, consumption taxes, etc. and any applicable delay charges as of the time when the notice prescribed in the preceding paragraph has reached the Company.
Article 15. Termination of the Subscription Agreement
- 15.1 The Company may terminate the Subscription Agreement without providing the customer with any notice if any of the following becomes applicable. The Company assumes no liability whatsoever for any damage suffered by the customer due to such termination.
- (1) There is a material non-performance or breach of the Subscription Agreement on the customer’s part, and such non-performance or breach is not rectified within thirty (30) days from the date when a notice of demand to rectify such non-performance or breach has reached the customer;
- (2) The customer is in breach of the prohibited acts in Article 10;
- (3) There is trouble within the external connection services, the external connection services are ceased, suspended or discontinued, the connection with the Services is 8 suspended or discontinued, or if the specifications of the external connection services are changed, or there is any other similar event in the external connection services;
- (4) There is a likelihood that the Company will experience a serious economic or technical burden or suffer a security risk by providing the Services;
- (5) It becomes necessary to comply with the requirement of laws and regulations or governmental authorities;
- (6) The Company deems that the Company’s provision of the Services will be illegal; or
- (7) Other events arise such that the Company reasonably deems that it is necessary to terminate the Subscription Agreement.
- 15.2 The customer may terminate the Subscription Agreement if there is a material nonperformance or breach of the Subscription Agreement on the Company’s part and such nonperformance or breach is not rectified within thirty (30) days from the date when a notice of demand to rectify such non-performance or breach has reached the Company.
Article 16. Discontinuance of the Services
- 16.1 The Company may discontinue all or part of the Services if any of the following becomes applicable, and may terminate all or part of the Subscription Agreement as of the date of discontinuance:
- (1) The Company gave a notice to the customer no later than one (1) year prior to the date of discontinuance; or
- (2) It becomes impossible to provide the Services due to fire, power outage, natural disaster, or other force majeure events.
- 16.2 If all or part of the Services are to be discontinued pursuant to the preceding paragraph, the Company shall refund to the customer a per diem amount of the already paid service charges, etc. for the discontinued part of the Services, corresponding to the number of days on which all or part of the Services are not provided.
Article 17. After the Termination of the Subscription Agreement
- 17.1 Upon termination of the Subscription Agreement, the customer shall immediately return to the Company any devices, software, and any related materials, etc. (including any copies of all or part of such software and related materials; hereafter referred to as the “Software and Related Materials, etc.”) loaned by the Company in using the Services, and shall at the customer’s responsibility delete the Software and Related Materials, etc. stored in the customer’s facilities.
- 17.2 Upon termination of the Subscription Agreement, the customer shall lose the customer’s right to access the customer’s data stored within the Company’s facilities under the Services. 9 Upon termination of the Subscription Agreement, the Company may, without any advance notice, delete the customer’s data stored in the Company’s facilities under the Services, and the Company is under no obligation to allow the customer to use such data. 17.3 Articles 9.1, 9.3, 9.4, 9.5, Article 17, Article 18, Articles 20 through 22, and Articles 26 through 28 survive the termination of the Subscription Agreement.
Article 18. Ownership of Rights
- 18.1 Intellectual property rights including copyright, and any other rights in and to the Services and the texts, images, programs, and other data constituting the Services belong solely to the Company or its licensors, and the provision of the Services under the Subscription Agreement shall in no way mean the licensing of the intellectual property rights of the Company or its licensors regarding the Services; except as explicitly provided in these Terms of Use. Other than when the customer uses them in the Services, the customer may not, without the Company’s consent, use any of the foregoing rights in any method or means whatsoever including by duplicating, copying, compiling, transferring, storing, selling, or publishing, etc.
- 18.2 The customer represents and warrants to the Company that:
- (1) The customer has the intellectual property rights and any other rights in and to the Data, or the customer has a license from the owner of such rights;
- (2) the Data does not promote or facilitate any illegal activities;
- (3) the Data is not detrimental to others, the Company’s business, or the Company’s reputation, including not being connected to marketing or dissemination of fraudulent products, services, schemes, or promotions (including get-rich-quick schemes, pyramid schemes, multilevel marketing, phishing, or pharming), or involvement in other fraudulent activities;
- (4) the Data does not infringe upon any rights of third parties;
- (5) the Data does not contain any images, expressions or indications that are pornographic, nude, obscene, or violent, or other images, expressions or indications that would make the general public feel offended, and does not contain any expressions or indications that fall under child pornography or child abuse;
- (6) the Data does not contain harmful content such as computer viruses;
- (7) the Data does not induce or solicit criminal acts, acts related to a criminal act, or participation into criminal acts; and
- (8) the Data is not related to military information.
- 18.3 The customer shall assume any and all liabilities and costs for any issue that arises as a result of the customer’s breach of the preceding paragraph, and the Company assumes no liabilities 10 therefor whatsoever.
Article 19. Disclosure of Information
The Company will not provide or disclose the Management Records to third parties except the following:
- (1) The Company obtained the customer’s consent to do so;
- (2) The Company is requested to disclose the information under the laws and regulations; or
- (3) The Company is ordered to do so by a court or an administrative agency.
Article 20. Limitation of Liabilities
- 20.1 The Company makes no warranties whatsoever, whether express or implied, regarding the contents of the Services or provision of the Services, including any legal warranty against defects, non-infringement of third party rights, or warranty of merchantability.
- 20.2 The Company makes no warranties whatsoever including accuracy, usability, completeness, or fitness for a particular purpose of the information the customer obtains through the Services.
- 20.3 The customer shall prepare any hardware and software and other facilities necessary for using the Services, and the customer shall comply with the user’s agreements on use of those facilities. The Company assumes no liability whatsoever for any damage suffered by the customer arising from those facilities, etc.
- 20.4 The Company assumes no liability whatsoever to the customer for any network delay due to disruption or heavy traffic of telephone companies and internet service providers, and data transfer delay, data extraction failure, data uploading/downloading failure, data transfer failure, or data deletion failure, etc. due to defects in the customer’s hardware and software or other facilities.
- 20.5 The Company assumes no liability whatsoever for any damage including leakage and loss of data suffered by the customer or third parties in relation to the provision, delay, change, cancellation, suspension, abolition, etc. of the Services.
- 20.6 The Services are designed to be co-used by the customer and other customers, and the customer shall, at the customer’s discretion and responsibility, maintain and manage any data registered and stored by the customer; and the customer acknowledge that the Company makes no warranty and assumes no liability for damage, loss, or divulging of any such data. 11
Article 21. Compliance with Export Control
- 21.1 The Company does not prevent the customer from using the Services outside the U.S.; provided, however, that the customer shall use the Services outside the U.S. at the customer’s own responsibility and at the customer’s own cost, and the Company assumes no liability whatsoever to the customer or third parties. If the Company suffers any damage due to the customer’s use of the Services outside the U.S., the customer shall indemnify the Company for such damage.
- 21.2 When the customer uses the Services outside the U.S., the customer shall comply with any and all export/import controls and other laws and regulations of Japan and of other countries and areas where the customer uses the Services.
Article 22. Confidentiality
- 22.1 The customer and the Company shall maintain the confidentiality of any technical, operational, and business information of the other party disclosed by the other party for the purpose of performing the Services (excluding the Data; collectively “Confidential Information”), and shall not divulge or disclose it to third parties without prior written approval of the other party, except when any of the following is applicable:
- (1) the Confidential Information is disclosed pursuant to laws and regulations;
- (2) the Confidential Information is disclosed pursuant to an order by a court or an administrative agency;
- (3) the Confidential Information is disclosed in a lawsuit, conciliation, or other legal procedures in pursuit of the rights under the Subscription Agreement; or (4) disclosure to third parties is reasonably necessary in a manner similar to the preceding items.
- 22.2 Any information that can be proven in writing to fall under any of the following shall not be considered Confidential Information:
- (1) information that was already held by the recipient prior to the time of disclosure to the recipient;
- (2) information that was already publicly known or used as of the time of disclosure to the recipient;
- (3) information that became publicly known or used through no fault of the recipient after the disclosure to the recipient;
- (4) information that the recipient lawfully obtained, without a confidentiality obligation, from a third party having a legitimate title; and
- (5) information that was independently developed by the recipient without using the Confidential Information. 12
Article 23. Provision of Technical Support, etc.
- 23.1 The Company will provide the customer with the technical support to facilitate the customer’s use of the Services (“Technical Support”). Technical Support will be continuously provided during the Use Period. The Technical Support is detailed in Service Specifications.
- 23.2 If the customer makes an inquiry to the Company regarding the Technical Support, the Company shall provide the customer with the documents as necessary.
- 23.3 When receiving Technical Support, the customer shall disclose the customer’s or third parties’ technical information as necessary for the Technical Support and shall authorize the Company to use such information for the sole purpose of Technical Support.
- 23.4 The customer shall cooperate, to the utmost extent possible, with any investigation that the Company may request for the purpose of providing Technical Support, including understanding the network status, error messages, and set-up status.
- 23.5 When receiving Technical Support, if it becomes necessary to identify whether the problem(s) are caused by the service and software the Company provides to the customer (“Products”) or products other than the Products (including the OS or cluster software used by the customer; hereinafter referred to as “Non-Company Products”), the customer shall at the customer’s cost and responsibility identify the cause of the problem(s), including making inquiries to the manufacturer of such Non-Company Products.
- 23.6 The customer shall allow the Company’s Technical Support personnel and third parties to whom the Company subcontracted the provision of the Technical Support pursuant to Article 5 (collectively, the “Technical Personnel”) to enter the customer’s offices when necessary for the purpose of providing the Technical Support. On such occasions, the customer shall also allow the Technical Personnel to use the customer’s computer systems and related items at no charge.
- 23.7 When Article 23.6 is applicable, Technical Personnel shall be managed and caused to comply with the rules and regulations of the customer’s offices.
Article 24. Scope of the Technical Support
- 24.1 In providing the Technical Support, the Company makes no warranty that any or all of the issues involving the Services will be corrected, that the Services will properly operate in the customer’s environment, or that the lost Data will be recovered. The customer shall take precautionary measures to prevent the loss of the Data, such as making a backup of the Data at its own responsibility and cost.
- 24.2 The following failures are outside the scope of the Technical Support:
- (1) any failure arising from Non-Company Products;
- (2) any failure that cannot be identified to be arising from the Products or Non-Company Products;
- (3) any failure caused by fire, power outage, natural disaster, and other force majeure events;
- (4) any failure caused by the customer’s use of the Services in breach of these Terms of Use;
- (5) any failure arising from the outside connection services; and
- (6) any failure caused by an event that would not occur under normal usage.
Article 25. No Assignment
The customer may not assign or transfer to a third party, pledge as collateral, or otherwise dispose of the customer’s status under the Subscription Agreement, all or part of the customer’s rights or obligations under the Subscription Agreement without the Company’s written prior consent in writing.
Article 26. Jurisdiction
Any dispute arising in relation to these Terms of Use and the provision of the Services shall be finally settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The arbitration shall take place in San Mateo, California. The number of arbitrators shall be three (3).
Article 27. Governing Law
Formation, validity, performance, and interpretation of these Terms of Use and the Subscription Agreement is governed by and construed in accordance with the laws of the State of California and the U.S..
Article 28. Consultation
Any matter not provided for in these Terms of Use and interpretation of provision of these Terms of Use shall be discussed and shall be resolved in good faith. 14 Special Provisions for Use of Evaluation Version
Article 29. Definition
In these Terms of Use, “Evaluation Version” (may also be referred to as “Evaluation Services,” “β Services,” “PoC,” or “Test Services”) means a part of the Services for which the customer has a nonexclusive, non-sublicensable, and non-transferrable license to use the Services for a limited period of time for remuneration, for the purpose of evaluating and testing the Services.
Article 30. Prevailing Provisions for Use of Evaluation Version
When the Services are provided as an Evaluation Version, the customer agrees that the provisions of this Article will prevail over the other provisions of these Terms of Use.
- (1) Notwithstanding Article 3 and Article 11 of these Terms of Use, the Services shall terminate on the expiration of the period agreed by the parties (“Evaluation Period”).
- (2) After the expiration of the Evaluation Period, the customer shall be unable to use the Services unless the customer applies for the non-evaluation version of the Services to the Company pursuant to Article 31 of these Terms of Use. The customer shall, at the customer’s cost and in accordance with the Company’s instructions, immediately return, destroy, or delete the Products of the Services and Software and Related Materials, etc. (including those incorporated into computer memory, etc.).
- (3) During the Evaluation Period, the customer shall be responsible for the management of the data registered to the Services, and by the end of the Evaluation Period, the customer shall be responsible for deleting all of the data, unless the customer continues to use the Services after the Evaluation Period. The customer shall consent in advance that the Company will delete the customer’s ID and any remaining registered data upon expiration of the Evaluation Period, unless the customer continues to use the Services.
- (4) Unless otherwise agreed with the Company, the Technical Support prescribed in Article 23 and Article 24 of these Terms of Use will not be provided.
- (5) Notwithstanding Article 11 of these Terms of Use, the Company licenses the Services as is at no charge, without any warranties. The Company makes no warranties whatsoever, whether express or implied, including legal warranty against defects, non-infringement of third party rights, or warranty of merchantability with respect to the Service. The Company’s representations or disclosure of information, whether in writing or orally, do not constitute the Company’s warranties. Under no circumstances shall the Company assume any liability whatsoever for any direct, indirect, consequential, accidental, incidental, extended, punitive or any other damages or losses (including lost profit, discontinuance of business, loss of business opportunities and sales, loss of goodwill, loss of Data or Data using opportunities, cost for 15 procuring substitutes, damages for emotional pain and suffering, or other monetary losses), even if the Company has been advised of the possibility of such damages or losses.
Article 31. Transfer to Non-Evaluation Version of the Services
If the customer wishes to continue to use the Services after the Evaluation Period, the customer must submit to the Company an application in accordance with Article 3 of these Terms of Use prior to the expiration of the Evaluation Period, and shall comply with Articles 1 through 28 of these Terms of Use. Enacted on August 16, 2019