Data Size:
B6L (182 mm x 128 mm)
Book Size:
B6L (182 mm x 128 mm)
iii
Article 4
Right pertaining to the Licensed Software
Any and all copyrights and other rights pertaining to the Licensed Software and related documents
shall belong to the Licensor or the original holder of the right who granted to the Licensor the license or
sublicense for the Licensed Software (hereinafter the "Original Rightholder"), and the User shall not be
entitled to any right other than the license granted hereunder, in respect of the Licensed Software and any
related documents.
Article 5
Indemnification of Licensor
1. Neither the Licensor nor the Original Rightholder shall be liable for any damage incurred by the User
or any third party due to the exercise of the license granted to the User under this Agreement, unless
otherwise restricted by law.
2. The Licensor will offer no guarantee for the merchantability, convertibility and consistency with
certain objective of the Licensed Software.
Article 6
Liability to Third Party
If any dispute has arisen with any third party due to an infringement upon a copyright, patent or any
other intellectual property right that was caused by the User's use of the Licensed Software, the User shall
settle such dispute at its own cost and hold the Licensor and the Original Rightholder harmless from any
inconvenience it may cause.
Article 7
Confidentiality
The User shall keep the confidentiality of such portion of the Licensed Software, related documents thereof
or any other information to be granted under this Agreement, as well as the conditions of this Agreement
as has not yet entered the public domain, and shall not disclose or divulge the same to any third party
without approval of the Licensor.
Article 8
Termination
In case the User falls under any of the events described in the following items, the Licensor may
immediately terminate this Agreement or claim that the User compensates for the damage incurred by the
Licensor due to such event:
(1) when the User violated any provision of this Agreement; or
(2) when a petition has been filed against the User for an attachment, provisional attachment,
provisional disposition or any other compulsory execution.
Article 9
Destruction of the Licensed Software
If this Agreement is terminated pursuant to the provision of Article 8, the User shall destroy the Licensed
Software, any related documents and copies thereof within two (2) weeks from such date of termination.
Article 10
Protection of Copyright
1. The copyright and all the other intellectual property rights relating to the Licensed Software
shall belong to the Licensor and the Original Rightholder, and in no event shall they be under the
ownership of the User.
2. The User shall, whenever it uses the Licensed Software, comply with any laws relating to the
copyright and other intellectual property rights.
Article 11
Export Restriction
1. It is prohibited to export the Licensed Software and any related documents outside the country
of the User (including transmission thereof outside the country of the User via Internet of other
communication tools).
2. The User shall understand that the Licensed Software shall be subject to the export restrictions
adopted by the country of User and any other countries.
3. The User shall agree that the software will be subject to any and all applicable international and
domestic laws (including the export control regulation of the country of User and any other countries,
and any restrictions concerning the end-users, the use by end-users and importing countries to be
provided by the country of User and any other countries, and any other governmental authorities).
Article 12
Miscellaneous
1. In the event any part of this Agreement is invalidated by operation of law, the residual provisions
shall continue in force.
2. Matters not stipulated in this Agreement or any ambiguity or question raised in the construction of
this Agreement shall be provided or settled upon good-faith consultation between the Licensor and
the User.
3. The Licensor and the User hereby agree that this Agreement is governed by the laws of Japan, and
any dispute arising from, and relating to the rights and obligations under, this Agreement shall be
submitted to the exclusive jurisdiction of the Tokyo District Court for its first instance.
KMM-BT332U_K_B5A-3889-00_Cover_1st Draft.indd iii
KMM-BT332U_K_B5A-3889-00_Cover_1st Draft.indd iii
7/9/2021 10:15:52 AM
7/9/2021 10:15:52 AM
