This End User License Agreement (the “EULA”) is a legal agreement between the user (the “Licensee”), an individual or a corporation, and Baby Universe Inc. (the “Company”), the author of the plug-in software products (the “Software”), which may include associated media, printed materials, and “online” or electronic documentation.
The “Licensee” includes trial users who have not purchased the Software.
By installing, copying, or otherwise using the Software, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install, or use Software.
Company grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Software solely for your personal or commercial purposes strictly in accordance with this EULA. Redistribution of the software is not allowed, except as otherwise permitted by Company.
2. Installation and Use
Licensee may install and use a 2 number of copies of Software on computers, and make one back-up copy of Software, solely for Licensee’s use within Licensee’s business or personal use. Any modification, edit, analysis of the Software is not allowed. Licensee is allowed to install the Software to up to two computers that both are owned and used by the Licensee, except as otherwise permitted by Company. Sharing one license with other unauthorized individuals is violation of this EULA regardless of concurrency. For instance the Licensee can not share his/her license with other unauthorized individuals in his/her team. Company will not provide any support for unauthorized use of software and is not responsible for any consequences occurred by the use. In case the violation was detected Company may request the Licensee the price for licenses that should have been paid for the number of user and compensation for damages caused by the violation.
2-1. The Licensee may use the Software on a personal computer. Personal computers are computers without server net work which multiple users access and use the Software through network. Computers which allow multiple users to mount its certain area are server. The Licensee may not install the Software to server or use the Software through server.
2-2. The Licensee may install/activate the Software on up to two computers which are owned by the Licensee. The Licensee may not use the Software concurrently on multiple computers.
Support service is available only for the Licensees who purchased and registered through the appropriate process that the Company specifies. Support service provides instruction regarding only the Software’s functions. The accuracy of the instruction is not guaranteed by the Company. The Company shall not be liable to Licensee, or any other person or entity claiming through Licensee any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, arising in support service. Even if Company has been advised of the possibility of such damages.
Company has no obligation to Software support, or to continue providing or updating any of the Software.
5. Intellectual Property
5-1. All rights, title, interest, and copyrights in and to the Software, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Company. The Software is protected by all applicable copyright laws and international treaties. Therefore, Licensee is required to treat Software like any other copyrighted material, except as otherwise provided for in this EULA.
5-2. Licensee may not reverse engineer, decompile, or disassemble Software.
6. Limited Liability
Company shall not be liable to Licensee, or any other person or entity claiming through Licensee any loss of profits, income, savings, or any other consequential, incidental, special, punitive, direct or indirect damage, whether arising in contract, tort, warranty, or otherwise. Even if Company has been advised of the possibility of such damages. These limitations shall apply regardless of the essential purpose of any limited remedy.
5. Terms of Agreement
This EURA shall remain in effect until terminated by Company. Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this EURA with or without prior notice. EURA will terminate immediately, without prior notice from Company, in the event that Licensee fails to comply with any provision of this EURA. Licensee may also terminate this EURA by deleting the Application and all copies thereof from computers. Upon termination of this EURA, Licensee shall cease all use of the Application and delete all copies of the Application from computers.
This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of Japan, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Japan, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of Japan, and its jurisdiction shall supersede any other jurisdiction of either party’s election.
No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.
8. Warranty Disclaimer Company, and author of Software, hereby expressly disclaim any warranty for the Software. Software and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Licensee accepts any and all risk arising out of use or performance of Software.
9. Entire Agreement
This EURA constitutes the entire agreement between Company and Licensee and supersedes all prior understandings of Company and Licensee, including any prior representation, statement, condition, or warranty.