DENSO WAVE INCORPORATED ("DENSO WAVE") provides its service to You in this web site and other web sites of DENSO WAVE as listed in the "Web List of DENSO WAVE" below (collectively "This Site"), subject to the following Terms of Service ("TOS").
It will be interpreted Your agreement to be bound by TOS if You receive any of the DENSO WAVE's service provided in This Site ("This Service"). Should You disagree to TOS, please be refrained from receiving any of This Service provided in This Site. TOS may be updated from time to time without notice to You, therefore, You need to review the most current version of TOS when You access This Site.
In addition, when using particular DENSO WAVE services among others of This Service, You and DENSO WAVE shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated into TOS by reference. If You are a member of QBdirect Service, please note that a different "terms of service" applies to You.
Web List of DENSO WAVE
DENSO WAVE currently provides with the services of (i) granting the access to the various information such as, without limitation, those regarding DENSO WAVE's products and/or corporate particulars, (ii) granting the access to the downloadable digital data such as, without limitation, product catalogues, trial computer programs and/or manuals, (iii) granting the access to QBdirect services which requires Your registration and/or membership thereof and (iv) granting the access to other services with which DENSO WAVE provides or start to provide in This Site.
This Service as described in this clause, if so decided by DENSO WAVE's sole discretion, may be added, revised, deleted, ceased and/or otherwise modified in any way without any type of notice. The grant (except the access to QBdirect which requires the user ID and the corresponding password that DENSO WAVE may give You) as provided in this clause shall not be construed in any way as DENSO WAVE's undertaking to provide with This Service or to assure the completeness of the contents of This Service, the results of This Service and/or fitness of This Service for a particular purpose.
You understand and agree that This Service is provided "AS-IS" and that DENSO WAVE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, This Service (or any part thereof) with or without notice. You agree that DENSO WAVE shall not be liable to You or to any third party for any modification, suspension or discontinuance of This Service.
This Service is provided to You for Your personal usage only and it is prohibited that You use or conduct to use This Service for any commercial purposes. You agree, unless otherwise expressly authorized, not to reproduce, duplicate, copy, sell, resell, exploit, upload or transmit via e-mail system, regardless of the method employed therefor, for any commercial purposes any of the contents (such as, without limitation, information, data, computer programs, documents, phonetic data, photographic data, images, animations movies and/or other materials or data ("Content")), whether in whole or in part, or whether by an individual feature of such contents or in any combination thereof, provided from This Service, use of This Service, or access to This Service.
Besides those transmitted by You and originated with You, You acknowledge and agree that the Contents, whether in whole or in part, or whether by an individual feature of such Contents or in any combination thereof provided under This Service contain proprietary and confidential information that belongs to DENSO WAVE and/or the supplier(s) to DENSO WAVE and is protected by applicable intellectual property and other laws.
Among other features of Contents, the downloadable computer programs provided under This Service ("Software") contain proprietary and confidential information such as, without limitation, intellectual properties or trade secrets that belongs to DENSO WAVE and/or the supplier(s) to DENSO WAVE and is protected by applicable intellectual property and other laws.
DENSO WAVE retains the copyright to such Software and/or the necessary right(s) to grant and grants You a personal, non-transferable and non-exclusive right and license to use the object code of such Software on a single computer. Such license grant shall not be construed as assignment of the various rights to such Software, except the ownership of the medium containing the Software, and such Software shall remain the sole property of DENSO WARE or the supplier(s) to DENSO WARE. The license agreement attached to the Software, if any, shall supercede TOS and You must agree thereto prior to install such Software.
In consideration of Your use of This Service that requires Your registration such as, without limitation, services for downloading Software, You agree: (a) to provide true, accurate, current and complete information about Yourself as prompted by the Service's registration form or inquiry form (such information being the "Registration Data") and (b) not to duplicate, correct, modify, create a derivative work of, reverse engineer, reverse assemble, de-compile or otherwise attempt to discover any source code, sell, assign, sublicense or otherwise transfer any right in the Software.
If You provide any information that is untrue, inaccurate, not current or incomplete, or DENSO WAVE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DENSO WAVE has the right to suspend or terminate Your account and refuse any and all current or future use of the Service (or any portion thereof).
For the proper transaction intended in This Site, You agree not to:
You acknowledge and agree that DENSO WAVE may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of DENSO WAVE, its users and the public.
You understand that the technical processing and transmission of This Service, including Your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to (i) settle on Your own any claim or demand made by any third party due to or arising out of Content You submit, post, transmit or make available through This Service, Your use of This Service, Your connection to This Service, Your violation of TOS, or Your violation of any rights of another, (ii) bear any cost, including reasonable attorneys' fees, incurred to settle any such claim or demand and (iii) indemnify and hold DENSO WAVE harmless from any such claim or demand.
You further agree to compensate DENSO WAVE for any costs incurred by DENSO WAVE, including reasonable attorneys' fees, for the settlement of or to correspond to any such claim or demand.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DENSO WAVE SHALL NOT BE LIABLE, WHETHER IN CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DENSO WAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SERVICE; OR (v) ANY OTHER MATTER RELATING TO THIS SERVICE.
This Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DENSO WAVE has no control over such sites and resources, You acknowledge and agree that the links to such external sites or resources are provided for Your convenience purposes only and that DENSO WAVE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that DENSO WAVE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
TOS constitutes the entire agreement between You and DENSO WAVE and govern Your use of This Service, superceding any prior agreements between You and DENSO WAVE. TOS and the relationship between You and DENSO WAVE shall be governed by the laws of Japan without regard to its conflict of law provisions. You and DENSO WAVE agree to submit to the personal and exclusive jurisdiction of the courts located in Tokyo, Japan.
You agree that DENSO WAVE may claim for damages if DENSO WAVE suffers a loss arising out of or in relation to Your violation of TOS or acts inconsistency with TOS.
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