Software license agreement(PDF: 2Pages, 88.3KB) - NTT Data
Software license agreement(PDF: 2Pages, 88.3KB) - NTT Data
Software license agreement(PDF: 2Pages, 88.3KB) - NTT Data
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SOFTWARE LICENSE AGREEMENT<br />
Article 1 (Formation of Agreement)<br />
1. This License Agreement (hereinafter referred to as this “Agreement”) is entered into between <strong>NTT</strong><br />
DATA Corporation (hereinafter referred to as “<strong>NTT</strong> DATA”) and a person (hereinafter referred to as<br />
“User”) that downloads and uses the original screensaver provided by <strong>NTT</strong> DATA via <strong>NTT</strong> DATA’s Web<br />
Site (http://www.nttdata.com /global/en/about/global-marketing/screensaver/index.html) (hereinafter referred to<br />
as the “<strong>Software</strong>”)<br />
2. User shall be deemed to have agreed tothis Agreement by downloading the <strong>Software</strong>, and shall use the<br />
<strong>Software</strong> pursuant to the terms set forth herein and applicable laws.<br />
Article 2 (Copyright)<br />
Copyright for the <strong>Software</strong> and any other right related thereto shall belong to <strong>NTT</strong> DATA or any third<br />
party that grants <strong>NTT</strong> DATA a <strong>license</strong> for the <strong>Software</strong>.<br />
Article 3 (Grant of License)<br />
User shall use the <strong>Software</strong> solely for non-commercial purposes. User may use the <strong>Software</strong> only for<br />
his/her computer that downloads the <strong>Software</strong>.<br />
Article 4 (Prohibitions)<br />
1. User shall not assign, loan, lease, publicly transmit (including uploading to any device connected to a<br />
network) provide or sub<strong>license</strong> the <strong>Software</strong>, a copy or reproduction thereof to any third party.<br />
2. User shall not translate, adapt, modify, alter, add to, decompile, disassemble or otherwise reverseengineer<br />
the <strong>Software</strong> in whole or in part (meaning the act of analyzing and converting execution files,<br />
object codes and other items into a human-readable format).<br />
3. User shall not remove the copyright notice given on the <strong>Software</strong>.<br />
4. Without prior written approval of <strong>NTT</strong> DATA, User shall not use the <strong>Software</strong>, or assign wholly or<br />
partially his/her status, rights or obligations hereunder, beyond the terms set forth herein.<br />
Article 5 (Indemnification)<br />
If User is in breach of this Agreement <strong>NTT</strong> DATA may take any legal action to seek injunction,<br />
indemnification or other remedies.<br />
Article 6 (Disclaimer)<br />
1. To the maximum extent permitted by applicable laws, <strong>NTT</strong> DATA shall not be responsible or liable to<br />
User or any third party for any indirect, incidental, special, consequential or punitive damages, or any<br />
loss of profits or revenues, ,inccured whether directly or indirectly because of use of the <strong>Software</strong>,<br />
guarantee of performance, fitness for particular purpose of use, accuracy of results obtained from use,<br />
reliability, and warranty.<br />
2. To the maximum extent permitted by applicable laws, <strong>NTT</strong> DATA shall not guarantee or warrant that<br />
the <strong>Software</strong> will not infringe copyrights of any third party or other right thereof, nor shall be held<br />
liable for any claim (including claims submitted by User due to a dispute between User and any<br />
third party) that may arise, whether directly or indirectly, out of infringement by the <strong>Software</strong> of any<br />
copyright or other rights.<br />
3. <strong>NTT</strong> DATA shall not provide any support for installation, un-installation, or handling of the <strong>Software</strong>,<br />
or other matters related thereto.4. Subsection 1 and 2 of this Article only applies up to the maximum
extent permitted under applicable laws. Parties acknowledge that there are some jurisdictions that shall<br />
not allow the disclaimer of implied warranties or the limitation of liability in this Agreement, and as a<br />
result the contents of subsection 1 and 2 of this Article may not apply to User.<br />
Article 7 (Export Control)<br />
If User exports the <strong>Software</strong> or any technology contained therein (including when exporting or<br />
re-exporting, the computer or a recording medium in which the <strong>Software</strong> or a reproduction thereof is<br />
installed or recorded) from the resident place of User or re-exports them, to any countries , User shall<br />
appropriately comply with legally or otherwise required procedures.<br />
Article 8 (Specification Change)<br />
<strong>NTT</strong> DATA may change or modify the <strong>Software</strong> specifications without prior notice to User.<br />
Article 9 (Severability)<br />
If any provision or any portion of this Agreement shall be held to be void or unenforceable, the<br />
remaining provisions of this Agreement and the remaining portion of any provision held void or<br />
unenforceable in part shall continue in full force and effect.<br />
Article 10(Language)<br />
This is an English translation of the original Japanese version and is prepared for reference purposes only.<br />
This English translation shall have no legal force and effect.<br />
Article 11 (Termination)<br />
1. This Agreement shall terminate in the case that User is in breach of this Agreement, in which case<br />
User shall immediately erase or destroy the <strong>Software</strong> and all copies and reproductions thereof.<br />
2. For any reason whatsoever User shall not demand <strong>NTT</strong> DATA to pay any compensation or other<br />
payment because of termination of this Agreement.<br />
3. The provisions of Articles 5, 6 and 7 shall continue to be in full force and effect after the termination<br />
of this Agreement.<br />
Article 12 (Jurisdiction, Governing Law)<br />
1. The parties hereby submit to the exclusive jurisdiction of the Tokyo District Court of Japan with<br />
respect to any dispute that may arise from or in connection with the validity, interpretation and<br />
performance of this Agreement.<br />
2. This Agreement shall be governed by the laws of Japan for its formation and validity as well as for the<br />
interpretation of problems arising from this Agreement, fulfillment hereof, and other matters,<br />
excluding choice of law rules.