Software license agreement
Rights for the Software
a. The Software is protected by the Copyright Act and treaties related to the Copyright Act, as well as other laws related to intellectual property rights and treaties for such laws. The Software product is something for which use is licensed, and it is not something that is sold.
b. The Software includes third parties’ programs for which our company does not possess the copyrights. The Agreement’s validity does not cover those programs. For the use conditions for each program, please be sure to read the file below that is included in the Product’s package before using the Software.
When the customer has agreed to the Agreement, it will be automatically deemed that the customer agreed to the conditions of use for each program.
Permission for the right to use software
a. In relation to the Software, Photonic Lattice, Inc., (hereinafter referred to as the “Company”) will, free of charge and according to the conditions stated in the Agreement, grant the customer a non-exclusive and non-transferrable right to use the software (hereinafter referred to as the “Use Right”).
b. If the customer used the Software based on the Agreement, it will be necessary to indicate all of the Company’s copyrights that are indicated in the Software.
c. The Software can be used free of charge. Provided, however, that even in such a case the provisions of disclaimers will be valid for the places where the Software is distributed.
Attribution of rights
Copyrights and other intellectual property rights related to the Product will attribute to the Company or licensors for the Company, and none of them will attribute to the customer.
The Company prohibits the matters below:
a. Renting, loaning, selling, transferring, or permitting the reuse of all or a portion of the Product to a third party without obtaining the Company’s prior written consent
b. Setting a security interest on all or a portion of the Product
c. Using information included in the Product for a purpose other than the use of the Product
d. Revising, modifying, translating, analyzing, reverse compiling, or reverse engineering all or a portion of the Product or the Software’s data
Guarantees and restriction of liability
a. The Company will not bear any liability in relation to operation of the Software. Accordingly, we will deem that the customer consents to the fact that there is no technical support or explanations about methods of use.
b. The Company will not make any guarantees in relation to the Software’s quality or functions (including guarantees related to the absence of viruses, the accuracy of responses, or the results of use). In addition, the customer must decide whether the Software sufficiently fulfills the customer’s requirements.
c. The Company will not bear any liability whatsoever (including the obligation of care) for any damage that arises due to the customer’s use, non-use, or inability to use the Software (including but not limited to the loss of business profits, interruption of business, or loss of business information) or claims from third parties.
d. The Company may change the specifications of the Software without advance notice, it will not make any guarantees, irrespective of whether explicit or implicit, about the Software’s functions, performance, or quality conforming to the customer’s specific purpose, and the Software will be provided to the customer in its current state.
a. In the event that the customer violated even one of the clauses stipulated in the Agreement as stated above, the Agreement will automatically end and the Use Right will terminate.
b. The company may end the Agreement due to the Company’s circumstances. In the event that the Agreement has ended, the customer must immediately destroy the Software and related documents.
Changes of the content of the agreement
a. In the event that there is an important change to the Agreement, the Company will notify customers on its homepage. For other minor changes, we ask that customers check the Company’s homepage as necessary. Please understand in advance that the Company will not bear any liability whatsoever for any problems caused by the customer not checking the homepage.
b. In the event that the Agreement has changed, it will be necessary for customers to use the Software under the conditions stipulated in the changed license agreement.
The Agreement’s establishment, validity, performance, and interpretation will comply with the laws of Japan.
The Sendai Summary Court or the Sendai District Court will be the court of exclusive jurisdiction in the first instance for lawsuits related to the Agreement.