This document is a translation of the "ソフトウェア使用許諾契約書（Japanese）". If there is any inconsistency between the Japanese version and the translated version in any other language, the Japanese version shall prevail. For the Japanese version, please refer to https://eula.blueyachtsoftware.com/.

End User License Agreement

[ Revised: November, 2021 ]

This end user license agreement ("Agreement") shall apply to all persons ("User") who use software product ("Software") provided by Blueyacht Software ("Blueyacht Software"). The User shall be deemed to have agreed to the execution of this Agreement at the time the Software is made available for use. If you do not agree to this Agreement, you may not use the Software.

Intellectual Property Rights

All rights (including, but not limited to, ownership rights) to the Software and its documentation (including any documentation accompanying the Software)("Documentation") are reserved by Blueyacht Software.

License Grant

Blueyacht Software grants the User a non-exclusive right ("License") to use the Software during the term of this Agreement and under the terms and conditions set forth in this Agreement.

Scope of Use

  1. The User may use this Software in accordance with the usage methods and purposes described in the Documentation.
  2. The User may use the Software within the scope of the number of users permitted by the purchased license.
  3. The User downloads and installs the Software on its own computer at its own cost and responsibility, and bears the cost of communication and other charges for downloading and using the Software.

Third Party Software

The Software may include software libraries or other programs in which third parties have rights ("Third Party Software"). For licensing of Third Party Software, the applicable license terms for the respective Third Party Software shall apply in lieu of this Agreement.

Restrictions

Except as expressly permitted in this Agreement, the User shall not perform any of the following acts

  1. Unless otherwise specified, selling, sublicensing, lending, or transferring the Software to a third party (including similar acts).
  2. Modify, reverse engineer, decompile, disassemble, translate, or adapt the Software in whole or in part. Also, do not allow any third party to perform these acts.
  3. Deleting the copyright notice, trademark registration, etc. displayed on this Software, or deleting them during operation.
  4. Duplicate the Software for any purpose other than backup.
  5. Uploading this software to a public network.

Exclution of Warranties

  1. The Software is furnished to the User “AS IS” and “AS AVAILABLE” and without warranties, duties or conditions, statutory or otherwise, of any kind. Blueyacht Software does not warrant the functionality of the Software, that it is free from defects, or any other aspect of its performance or quality. The User must determine for himself/herself whether the Software fully meets the User's requirements.
  2. Blueyacht Software shall not be liable for any direct or indirect damages (including, but not limited to, damages to or failure of hardware or other software) or claims by third parties arising out of the installation or use of the Software.
  3. Blueyacht Software is under no obligation to repair defects, respond to inquiries, upgrade, provide information, or perform other maintenance services related to the Software.

Term and Termination

If User fail to comply with any term or condition of this Agreement, this Agreement will automatically terminate and the License will also terminate.
Blueyacht Software may terminate this Agreement at any time for its convenience. Upon termination of this Agreement, User must immediately destroy the Software and Documentation.

General

  1. This Agreement supersedes any and all agreements between User and Blueyacht Software prior to the execution of this Agreement regarding the license of the Software. Blueyacht Software reserves the right to change the terms and conditions of this Agreement at any time without notice to the User, and in the event of such change, the terms and conditions of the previous Agreement shall become null and void and the most current version of this Agreement shall apply.
  2. This Agreement shall be governed by the laws of Japan. If any legal dispute arises in connection with this Agreement, the Tokyo Summary Court or the Tokyo District Court shall have exclusive jurisdiction in the first instance, depending on the amount of the suit.