ii
LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
4.2
NOTWITHSTANDING THE CLAUSE 3 OR 4.1 HEREOF, THIS AGREEMENT DOES NOT
PURPORT TO EXCLUDE OR RESTRICT COMPANY'S LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM NEGLIGENCE OR LIMIT THE STATUTORY RIGHTS OF A
CONSUMER.
5
Termination
5.1
Company shall have the right to terminate this Agreement at any time by providing a written
notice to you if you commit a material breach of any terms of this Agreement and fail to
immediately rectify such breach upon Company’s request.
5.2
Upon termination for any reason all rights granted to you under this Agreement shall cease, you
shall cease all activities authorized by this Agreement and you shall immediately delete or
remove the Software from all computer equipment in your possession and delete or destroy all
copies of the Software or its derivative works in your possession. In addition to the above, you
shall delete contents or design data created by you from the Company Product in your
possession.
6
Miscellaneous terms
6.1
You shall not export or re-export the Software or any copy or adaptation thereof in violation of
any applicable laws or regulations.
6.2
You shall not assign all or any part of this Agreement to any third party or any interest therein,
without prior written consent of Company. A change of control or reorganization of you
pursuant to a merger, sale of assets or stock shall be deemed to be an assignment under this
Agreement.
6.3
You agree that a breach of this Agreement will cause irreparable injury to Company for which
monetary damages would not be an adequate remedy and Company shall be entitled to seek
equitable relief in addition to any remedies it may have hereunder or at law without a bond,
other security, or proof of damages.
6.4
If any provisions of this Agreement shall be declared or determined as void or unenforceable by a
court of competent jurisdiction, such provisions shall be severable and independent from the
other provisions of this Agreement and the validity of the other provisions and of the entire
Agreement shall not be affected thereby.
6.5
This Agreement, together with all exhibits or other attachments referenced herein, constitutes the
entire agreement between the parties on the subject matter hereof, and supersedes all proposals,
oral and written, between the parties on this subject.
6.6
If Company fails to insist that you perform any of your obligations under this Agreement, or if
Company does not enforce any rights against you, or if Company delay in doing so, that will not
mean that Company have waived any rights against you and will not mean that you do not have
to comply with those obligations. If Company does waive a default by you, Company will only
do so in writing, and that will not mean that Company will automatically waive any later default
by you.
6.7
This Agreement is governed by the laws of Japan and Japanese Courts shall have exclusive
jurisdiction with respect to this Agreement except with regard to enforcement in which case the
jurisdiction of the Japanese Courts shall be non-exclusive.
6.8
The Company may update this Agreement in the below cases: A) When the changes are made for
the users’ benefit, or B) When the updates to the Agreement are adequate, reasonable, and not
contrary to the purposes of the Agreement. The Company will notify you and give you the
opportunity to review any material changes or updates to the Agreement, by posting a notice on
the Company’s website or a website specified by the Company at least 30 days before the
Agreement enters into effect. Once the updated Agreement is in effect, you will be bound by it if
you continue to use the Software.
