PCS Software License Agreement
■ Software License Agreement
FE TRADE CO., LTD (hereinafter referred to as the “Company”) and the user of this Product (hereinafter referred to as the “Customer”) hereby agree as follows with respect to the Pattern Cloud System (hereinafter referred to as the “Software”) to be provided with this Agreement.
Article 1 (Usage Rights and License Territory)
1.The Customer may install and use the Software on only one (1) computer per one (1) account.
2.The Customer agrees to allow the Company to retain the MAC address of the computer on which the Customer uses the Software, at the time when the Customer first logs in.
3.The Customer may use the Software under the account set forth in Paragraph 1 only within the country in which the Customer’s address registered at the time of execution of this Agreement is located, and even if the branch, subsidiary or place of business, etc. of the Customer is located outside such country, the Customer shall not use the account set forth in Paragraph 1 outside such country.
Article 2 (Regarding Use)
1.The Company may reject the application and suspend the use of the Software if the Customer is found to fall under any of the followings:
・ If the Customer fills in false information on the application form.
・ If there is any breach of this Agreement.
・ If the Company determines that the Customer is not qualified as a customer of the Company.
・ If the Customer fails to pay the fees for the use of the Software at present, or have failed to pay the fees in the past.
・ In any other cases where the Company determines that the use of the Software by the Customer could cause material problems with the provision of the Software.
2.In the case of a paid service, the trial period shall be one (1) week after the download URL is sent, and the commencement date shall be the date when the Company confirms the payment of the usage fee after the trial period.
Article 3 (Fees, etc.)
1.The Company may revise the amount of fees without the Customer''s consent, and the revised fee conditions shall be applicable from the time of renewal of this Agreement.
2.In the case of paid service, the Customer shall pay the usage fee by bank transfer or credit card within one (1) week after the trial period ends. The license to use the Software expires when the trial period ends, and the Company may suspend the account upon termination of the trial period. The Company will resume the account and license to use the Software without delay after the Company confirms the payment of the usage fee.
Article 4 (Termination of this Agreement)
1.If the Customer wishes to terminate this Agreement, the Customer shall notify the Company to that effect by e-mail or telephone before the expiration date of this Agreement. If the Company receives a notice from the Customer to terminate this Agreement, the Company shall notify the Customer to that effect by e-mail, and this Agreement shall terminate on the expiration date of the Agreement.
2.Regardless of the use, no refund will be made for the remaining contract period.
3.The Company shall have no obligations or involvements with respect to the retention of data after the termination of this Agreement. The Company shall not be responsible or liable for any backup, etc. of the data.
Article 5 (Prohibition of Duplication)
1.The Customer shall not duplicate, distribute, transfer, or lend the Software.
2.The Customer shall not duplicate, copy, distribute, transfer, or lend the cut data, cut film, and pattern papers provided by the Company as their copyrights belong to the Company, and the Customer and its employees may only keep and use the pattern papers for its construction purpose.
Article 6 (Prohibition of Transfer, Lending, etc.)
1.The Customer shall not transfer (selling, giving, exchanging) or lend, etc. the right to use the Software set forth in Article 1 to any third party without the prior written approval of the Company.
2.The Customer shall not upload or post the Software or cut data on electronic bulletin boards or websites, etc. that may be accessed by unspecified third parties.
Article 7 (Claim for Compensation)
In the event that the Customer commits any act in violation of this Agreement, such as copying, transferring or lending the Software or cut data, the Company may claim compensation from the Customer, and the Customer shall immediately accept such claim.
Article 8 (Effective Term of the Agreement)
This Agreement shall be effective from the time the Customer downloads the Software.
Article 9 (Management of Data)
1.The Customer shall not lend the account and password issued by the Company to any third parties.
2.The Customer shall be solely responsible for the control and management of the account and password issued by the Company, and the Company shall not be liable for any and all damages incurred by the Customer due to unauthorized use of the account and password by any third parties, etc.
3.The Company shall not be liable for any loss of data in the disk area of the Customer due to a server failure, etc.
4.After the termination of this Agreement, the Customer shall promptly delete the data stored in “My Page”, and shall not restore such data.
5.The data stored in “My Page” shall be the property of the Company, and any rights arising from, or any titles to, such data shall belong to the Company.
Article 10 (Upgrade)
1.The Company may make changes to the Software for the purpose of improvement without prior notice to the Customer.
2.The Company may provide the Customer with a new improved version of the Software (hereinafter referred to as “New Version”) for a fee or free of charge.
3.The Customer who receives the upgraded version of the Software shall lose the right to use the Software and other rights with respect to the Software, and may acquire the rights by entering into a new agreement for the New Version.
Article 11 (Disclaimer)
1.Use of the services including browsing the site and exporting to the plotter using the Software shall be at the Customer’s own risk and responsibility.
2.The Company shall not be liable for any damages of the Customer caused by this Software.
3.The Company does not guarantee the operation of all plotters and PCs, although the Company verifies the operation to some extent under the environment of the Company.
4.The Company does not guarantee or warrant, expressly or impliedly, that the Software is free from defects in factual or legal perspective (i.e., non-conformity with the contract terms, including defects in safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, etc., errors or bugs, infringement of rights, etc.). The Company shall have no obligation to the Customer to provide the Software with such defects removed.
Article 12 (Prohibition of Modification, etc. of the Software)
The Customer shall not modify or alter the Software or cut data for any reasons (except for editing using the function of the Software and “Your saved data”).
Article 13 (License by Separate Agreement)
Notwithstanding any other provisions in this Agreement, if the Company determines that the Customer falls under any of the following items, the terms and conditions of the Customer’s use of the Software shall be set forth separately in a separate agreement, not in this Agreement. In such case, if this Agreement has already been executed between the Customer and the Company, the Company may suspend the Customer’s use of the Software until such time as such separate agreement is executed, and the Company shall not be liable for such suspension. If the Customer falls under any of the following items, or there is a risk that the Customer may fall under any of the following items, the Customer shall immediately notify the Company of such circumstance and follow the Company’s instructions.
・ In the cases where the Customer is a manufacturer of a brand-name product of either window film for automobiles or buildings, protection film for automobiles, or wrapping film for automobiles.
・ In the cases where the Customer’s use of the Software will play any role in building any of the above-mentioned brands
Article 14 (Governing Law and Jurisdictional Court) This Agreement shall be governed by the laws of Japan. The Customer and the Company agree to submit to the jurisdiction of the Yokohama District Court as the court of first instance for any dispute arising in connection with this Agreement.
Article 15 (Termination of Contract)
Articles 5, 6, 7, 12, and 14 shall continue to be effective even after the termination of the contract period of this Agreement.
End of Document
FE TRADE CO., LTD (hereinafter referred to as the “Company”) and the user of this Product (hereinafter referred to as the “Customer”) hereby agree as follows with respect to the Pattern Cloud System (hereinafter referred to as the “Software”) to be provided with this Agreement.
Article 1 (Usage Rights and License Territory)
1.The Customer may install and use the Software on only one (1) computer per one (1) account.
2.The Customer agrees to allow the Company to retain the MAC address of the computer on which the Customer uses the Software, at the time when the Customer first logs in.
3.The Customer may use the Software under the account set forth in Paragraph 1 only within the country in which the Customer’s address registered at the time of execution of this Agreement is located, and even if the branch, subsidiary or place of business, etc. of the Customer is located outside such country, the Customer shall not use the account set forth in Paragraph 1 outside such country.
Article 2 (Regarding Use)
1.The Company may reject the application and suspend the use of the Software if the Customer is found to fall under any of the followings:
・ If the Customer fills in false information on the application form.
・ If there is any breach of this Agreement.
・ If the Company determines that the Customer is not qualified as a customer of the Company.
・ If the Customer fails to pay the fees for the use of the Software at present, or have failed to pay the fees in the past.
・ In any other cases where the Company determines that the use of the Software by the Customer could cause material problems with the provision of the Software.
2.In the case of a paid service, the trial period shall be one (1) week after the download URL is sent, and the commencement date shall be the date when the Company confirms the payment of the usage fee after the trial period.
Article 3 (Fees, etc.)
1.The Company may revise the amount of fees without the Customer''s consent, and the revised fee conditions shall be applicable from the time of renewal of this Agreement.
2.In the case of paid service, the Customer shall pay the usage fee by bank transfer or credit card within one (1) week after the trial period ends. The license to use the Software expires when the trial period ends, and the Company may suspend the account upon termination of the trial period. The Company will resume the account and license to use the Software without delay after the Company confirms the payment of the usage fee.
Article 4 (Termination of this Agreement)
1.If the Customer wishes to terminate this Agreement, the Customer shall notify the Company to that effect by e-mail or telephone before the expiration date of this Agreement. If the Company receives a notice from the Customer to terminate this Agreement, the Company shall notify the Customer to that effect by e-mail, and this Agreement shall terminate on the expiration date of the Agreement.
2.Regardless of the use, no refund will be made for the remaining contract period.
3.The Company shall have no obligations or involvements with respect to the retention of data after the termination of this Agreement. The Company shall not be responsible or liable for any backup, etc. of the data.
Article 5 (Prohibition of Duplication)
1.The Customer shall not duplicate, distribute, transfer, or lend the Software.
2.The Customer shall not duplicate, copy, distribute, transfer, or lend the cut data, cut film, and pattern papers provided by the Company as their copyrights belong to the Company, and the Customer and its employees may only keep and use the pattern papers for its construction purpose.
Article 6 (Prohibition of Transfer, Lending, etc.)
1.The Customer shall not transfer (selling, giving, exchanging) or lend, etc. the right to use the Software set forth in Article 1 to any third party without the prior written approval of the Company.
2.The Customer shall not upload or post the Software or cut data on electronic bulletin boards or websites, etc. that may be accessed by unspecified third parties.
Article 7 (Claim for Compensation)
In the event that the Customer commits any act in violation of this Agreement, such as copying, transferring or lending the Software or cut data, the Company may claim compensation from the Customer, and the Customer shall immediately accept such claim.
Article 8 (Effective Term of the Agreement)
This Agreement shall be effective from the time the Customer downloads the Software.
Article 9 (Management of Data)
1.The Customer shall not lend the account and password issued by the Company to any third parties.
2.The Customer shall be solely responsible for the control and management of the account and password issued by the Company, and the Company shall not be liable for any and all damages incurred by the Customer due to unauthorized use of the account and password by any third parties, etc.
3.The Company shall not be liable for any loss of data in the disk area of the Customer due to a server failure, etc.
4.After the termination of this Agreement, the Customer shall promptly delete the data stored in “My Page”, and shall not restore such data.
5.The data stored in “My Page” shall be the property of the Company, and any rights arising from, or any titles to, such data shall belong to the Company.
Article 10 (Upgrade)
1.The Company may make changes to the Software for the purpose of improvement without prior notice to the Customer.
2.The Company may provide the Customer with a new improved version of the Software (hereinafter referred to as “New Version”) for a fee or free of charge.
3.The Customer who receives the upgraded version of the Software shall lose the right to use the Software and other rights with respect to the Software, and may acquire the rights by entering into a new agreement for the New Version.
Article 11 (Disclaimer)
1.Use of the services including browsing the site and exporting to the plotter using the Software shall be at the Customer’s own risk and responsibility.
2.The Company shall not be liable for any damages of the Customer caused by this Software.
3.The Company does not guarantee the operation of all plotters and PCs, although the Company verifies the operation to some extent under the environment of the Company.
4.The Company does not guarantee or warrant, expressly or impliedly, that the Software is free from defects in factual or legal perspective (i.e., non-conformity with the contract terms, including defects in safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, etc., errors or bugs, infringement of rights, etc.). The Company shall have no obligation to the Customer to provide the Software with such defects removed.
Article 12 (Prohibition of Modification, etc. of the Software)
The Customer shall not modify or alter the Software or cut data for any reasons (except for editing using the function of the Software and “Your saved data”).
Article 13 (License by Separate Agreement)
Notwithstanding any other provisions in this Agreement, if the Company determines that the Customer falls under any of the following items, the terms and conditions of the Customer’s use of the Software shall be set forth separately in a separate agreement, not in this Agreement. In such case, if this Agreement has already been executed between the Customer and the Company, the Company may suspend the Customer’s use of the Software until such time as such separate agreement is executed, and the Company shall not be liable for such suspension. If the Customer falls under any of the following items, or there is a risk that the Customer may fall under any of the following items, the Customer shall immediately notify the Company of such circumstance and follow the Company’s instructions.
・ In the cases where the Customer is a manufacturer of a brand-name product of either window film for automobiles or buildings, protection film for automobiles, or wrapping film for automobiles.
・ In the cases where the Customer’s use of the Software will play any role in building any of the above-mentioned brands
Article 14 (Governing Law and Jurisdictional Court) This Agreement shall be governed by the laws of Japan. The Customer and the Company agree to submit to the jurisdiction of the Yokohama District Court as the court of first instance for any dispute arising in connection with this Agreement.
Article 15 (Termination of Contract)
Articles 5, 6, 7, 12, and 14 shall continue to be effective even after the termination of the contract period of this Agreement.
End of Document