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In order to download and use software (the “Software”) and instruction manuals (the “Manual”) regarding our positioning products (the “Products”) on this Download•Support Site (this “Site”), it is necessary for you to agree on the following Terms and Conditions for User (the “Terms”). If you agree on the Terms, please check “Agree” box and click “Continue to user registration” button.
If you do not agree to the Terms or it prohibits you from downloading or using the Software and the Manual due to applicable laws or regulations such as export control laws and regulations, DO NOT DOWNLOAD THE SOFTWARE OR THE MANUAL.
Terms and Conditions of Use
Chapter. 1 User Registration
Article.1 User
| 1.1 | “User” is a person or corporate entity, which has agreed on the Term and completed the prescribed registration procedure (the “User Registration”), and has a currently valid User ID and Password. |
| 1.2 | User License shall be effective from the time when being accepted as a User after the Registration for User, and “Notice of Registration Completion” is sent to the User by e-mail. |
Article. 2 User ID, Password
| 2.1 | User shall be fully responsible for using and managing its User ID and Password. |
| 2.2 | Only the User may use its own User ID and Password, and shall not rent, lease, sell, transfer, change the ownership of, pledge or otherwise dispose of them. |
| 2.3 | In case that User ID or Password is inappropriately used by, or divulged to any third party, the User shall notify TOPCON of that immediately. |
| 2.4 | TOPCON shall not be liable for any and all damages incurred to the User or any third party by divulgation of User ID and Password, or unauthorized use, except for the case attributable to TOPCON. |
| 2.5 | In the case that TOPCON is damaged by unauthorized disclosure or use of User ID and Password attributable to User, TOPCON may claim the said damages against the User. |
| 2.6 | Any dispute between the User and any third party as the result of violation of Sections 2.2 or 2.3 above, or unauthorized disclosure or use of User ID and Password attributable to the User, shall be resolved at the said User’s expense and responsibilities. TOPCON shall have no responsibility for it. |
Chapter. 2 Services
Article. 1 TOPCON’s Servicese
| 1.1 | The services provided on this Site are delivering the Software and the Manual for users who possess the said Products. |
| 1.2 | If the User obtains and uses information on this Site, the User shall comply with this Terms and TOPCON’s instructions described on this Site. |
| 1.3 | The User shall prepare any and all devices, communication tools and contracts necessary to download and use the Software and Manual at its own expense and responsibility, and download and use the Software and Manual at its own risk. If there are any TOPCON’s enchiridion, operation sheet or others (the “Enchiridions”) regarding download or installation of the Software and Manual, User has to comply with the Enchiridions. |
Article. 2 The terms and conditions of license for Softwares
| 2.1 | The terms and conditions of license for Softwares are as follows:
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| 2.2 | A User may use the Software only for the authorized purposes, and unless otherwise provided in the terms and conditions of license for the Software, User shall not duplicate, modify, alter, translate, adapt, merge nor compile the Software, nor also shall not sell, transfer, rent, lease, distribute the Software, nor make a public transmission thereof. |
Article.3 the Manual
| 3.1 | User may download and use the Manual subject to its acknowledgment and agreement on the following events:
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| 3.2 | User may download the Manual only for the Products it possesses at that time. User shall not duplicate, modify, alter, compile, sell, transfer, rent, distribute the Manual and make a public transmission thereof. User shall print out only one copy of the Manual to use the Products which said User already possesses, provided, however, that User shall not sell and transfer the printed copy thereof as well as information downloaded from this Site, to a third party. | 3.3 | Not every manual of the Products is posted on this Site. Contact the dealer where the Product has been purchased in the case that the desired Manual is not available. | 3.4 | Manuals posted on this Site includes those from past Products, in which the Products may not be available due to, but not limited to discontinuance. |
Article.4 Protection of User Information
| 4.1 | User acknowledges and agrees that TOPCON is paying reasonable attention to and exercising care in the collection and handling of personal information of User, like as encryption, however, it might be remained some possibility to be divulged. |
| 4.2 | User’s personal information and the visit and usage of this Site are strictly controlled by TOPCON under “Privacy Policy” separately placed on this homepage. |
Article.5 Copyright
| 5.1 | Any and all copyrights of works such as design and picture on this Site, where any information of the Software and Manual is posted, belongs to author thereof. |
| 5.1 | User shall not duplicate, send, deliver nor allow a third party to use any information (including picture and figure) obtained from this Site without prior written consent of TOPCON. |
Article.6 Prohibition, Cancellation
| 6.1 | User shall not conduct the following:
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| 6.2 | TOPCON may cancel User Registration when User conducts any activity described in preceding section, or if any of the following is caused:
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Article 7 Temporary Suspension of the Software and Manual
In either of the following cases, TOPCON may suspend to deliver the Software and Manual without prior notice, whereby even if User is damaged, TOPCON shall not be liable for it.
| (1) | TOPCON’s terminal equipment is disrupted. |
| (2) | TOPCON’s terminal equipment is needed to be maintained urgently. |
| (3) | TOPCON needs to suspend the delivery of the Software and Manual. |
| (4) | Inevitable circumstances beyond TOPCON’s control. |
Article.8 Revision of the Terms
| 8.1 | TOPCON may amend the Terms whenever necessary. |
| 8.2 | Unless otherwise provided in the Term, any amendment of the Terms shall be effective at the time when such amendment is posted on this Site, and the said amended Terms shall be applied thereafter. |
Article. 9 Change of Registered Information
In the event that any User information provided for registration after User Registration is changed, the User shall immediately inform TOPCON of the said changes.
Article. 10 Export Control
| 10.1 | This Site may include the Products which are not provided to Users’ countries. Posting the Software and Manual to this Site shall not be construed that TOPCON intends to, whether express or implied, deliver the Products (including the Software and Manual) to the Users’ countries. |
| 10.2 | TOPCON shall not represent nor warrant that this Site is used properly, is usable or allowed to be used outside of Japan. Accessing to this Site from any jurisdiction, where accessing to this Site is unlawful, shall be prohibited. TOPCON has reserved right to block access to this Site from Users residing in particular countries. If User accesses to this Site, the User is fully responsible for complying with all of applicable laws and regulations. |
| 10.3 | In case of exporting the Software and Manual (including downloading and printing out of the Software and Manual outside of Japan), User acknowledges and agrees that it shall observe and comply with “Japanese Foreign Exchange and Foreign Trade Act”, “U.S. Export Control Act” and other applicable laws and regulations. User shall not, directly or indirectly, export, re-export or transfer the Software and Manual to any countries without first obtaining approval or license from appropriate authorities. |
| 10.4 | If User is a resident or lives in the countries, where laws and regulations described in preceding section or the like take restriction of export or re-export, or is listed on export prohibition lists published by Japan, the U.S.A or other countries, the said User shall agree not to download and print out the Software and Manual. |
Article. 11 Governing Law/Agreement Jurisdictional Court
| 11.1 | The formation, effectiveness, validity, construction, interpretation and enforcement of the Terms shall be governed by and in accordance with the laws of Japan, without regard to the principles of conflicts of laws. |
| 11.2 | Regarding all of conflicts related to the Terms, the Tokyo District Court is placed as the exclusive agreement jurisdictional court. |
Article. 12 Negotiation
Any question arising out of, or in connection with, the Terms or any matter not stipulated herein shall be settled upon consultation in good faith between the User and TOPCON.