IMPORTANT - READ CAREFULLY: This P SOFTHOUSE User License Agreement ("this Agreement") is a legal agreement between you (either an individual or a single entity) and P SOFTHOUSE for software products, which includes computer software and may include underlying programming source code, associated media, printed materials, and "online" or electronic documentation ("SOFTWARE").
WITH THE INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
All title and intellectual property in and to the SOFTWARE are owned by P SOFTHOUSE. The SOFTWARE is also protected by law, including without limitation the copyright laws of Japan and other countries, and by international treaty provisions. The SOFTWARE is licensed to Licensee, not sold.
(1) P SOFTHOUSE grants to you a non-exclusive, non-transferable license to install and use the SOFTWARE.
The number of licenses of the software you are allowed to use is limited to the number of licenses that were authorized to you.
(2) Copies of the SOFTWARE may be made for backup and for the purposes specified in this Agreement only.
(3) You may not modify the SOFTWARE or create derivative works based upon the SOFTWARE.
(4) You do not have licensing rights to the SOFTWARE. You may not sell, distribute, lend, transfer, or use any other means to allow third parties to use the SOFTWARE or copies of the SOFTWARE. However, the issuing of licenses for your own computers within the scope of the agreement with regards to network licensing is excluded from the above limitations.
(5) You shall not use, either by yourself or through a third party, all or part of the SOFTWARE and the output generated from the SOFTWARE (including copies), regardless of the purpose, for machine learning.
(a) Full Version: This is the SOFTWARE which P SOFTHOUSE and/or its agent sold to you, or that can be downloaded from a software distribution service.
(b) Demo Version: This is the SOFTWARE which is provided to customers who are considering purchasing the SOFTWARE, for the purposes of testing and evaluation.
(c) Not For Resale (NFR) Version: This is the SOFTWARE which may not be resold and which we provide to customers who are considering promoting the SOFTWARE.
(d) Beta Version (or Alpha Version): This is the SOFTWARE under development that we provide to customers for testing purposes ("BETA VERSION").
Full versions of the software for which a license is not owned may only be used for the purposes of maintaining compatibility of data created with this software.
The SOFTWARE marked as Demo Version is only available for testing and evaluation purposes.
(1) The SOFTWARE marked as Not for Resale (NFR) is only available for testing and evaluation itself and for promotion use of the SOFTWARE.
(2) You shall promptly report the results of testing and evaluating the NFR Version to P SOFTHOUSE by a method of your choosing or a method specified by P SOFTHOUSE.
(3) If you plan to publish articles related to your use of the NFR Version or release works created with the NFR Version, you shall inform P SOFTHOUSE or send some form of description of such articles or works (such as a magazine sample, a copy of the article, a webpage address, etc.) to P SOFTHOUSE and obtain consent from P SOFTHOUSE beforehand.
(4) You shall include the name of the product you used and of P SOFTHOUSE, following the format below, in any work created with the NFR Version or in the introductory text of such work.
Format:
"This work was created using ***** (the product name) developed by P SOFTHOUSE Co., Ltd."
(5) If you publish works created with the NFR Version or articles related to the NFR Version to a website, you shall first add to that website an explicit link to the P SOFTHOUSE website (https://www.psoft.co.jp/en/).
(6) You shall grant P SOFTHOUSE free and unconditional use of any work you create with the NFR Version.
You may not release or disclose to third parties any information related to the Software acquired through the use of the Software, or any information related to P SOFTHOUSE's business operations acquired in connection to this Agreement. These restrictions shall stay in effect even after expiration of the contract between you and P SOFTHOUSE based on the terms established in this agreement. However, with regards to the NFR Version, you may disclose information related to the Software within the limits established in the preceding clause.
(1) This agreement shall become effective after you receive the SOFTWARE, upon starting its use.
(2) This agreement shall be terminated upon notice by P SOFTHOUSE to you, or upon notification of contract termination from P SOFTHOUSE when we judge with reasonable grounds that you have violated the terms of this agreement. However, clauses 6.2 to 6.6, article 7, clauses 3 and 4 of this article, article 9 and article 11 of this Agreement shall stay in effect even after termination of this agreement.
(3) Upon termination of this agreement, you shall immediately destroy or return to P SOFTHOUSE this Software (including copies) as well as all documents related this Software, according to P SOFTHOUSE's instructions.
(4) You shall submit to P SOFTHOUSE documents proving the execution of the prescriptions in the preceding clause when executing those prescriptions.
(1) The SOFTWARE is provided "AS IS", without warranty of any kind.
(2) P SOFTHOUSE disclaims any liability for direct and indirect damages arising from the use of the SOFTWARE or any other damages, including (though not limited to) lost profits or data, special, incidental, or other claims, even if P SOFTHOUSE has been advised of the possibility of such claims.
(3) If P SOFTHOUSE receives complaints, warnings, claims, court fees, etc. from third parties due to your use of the SOFTWARE, you shall resolve the aforementioned complaints, etc. at your own expense and responsibility on the behalf of P SOFTHOUSE, and not cause any inconvenience to us. In addition, you shall compensate P SOFTHOUSE for all damages (including reasonable attorney’s fees) incurred by P SOFTHOUSE due to the aforementioned complaints, etc.
(1) P SOFTHOUSE shall provide, free of charge, support for the Software. Such support shall be limited to the functional and operational aspects of the Software.
(2) P SOFTHOUSE shall only provide support for problems caused by the Software.
(3) Support is not provided for hardware, OS and other peripheral devices.
(4) Support is not provided for the Demo, NFR and Beta versions of the Software.
(1) In the event that a breach of this Agreement by you causes damages to P SOFTHOUSE, P SOFTHOUSE may claim compensation for such damages from you.
(2) If any provisions of this Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable, such provisions shall be deemed to have been deleted from this Agreement. P SOFTHOUSE may change the content of this Agreement by making the content of the change known to you by posting it on the P SOFTHOUSE website or by an equivalent method, without giving you individual notice, in accordance with the provisions of Article 548-4 of the Japanese Civil Code.
(3) In the event a dispute arises under or in connection with this Agreement, you hereby consent to personal jurisdiction of the district court of Sendai, Japan and waive any objection that such forum is inconvenient.
(4) Any provisions not mentioned in this Agreement shall be governed by Japanese law.
(1) Where PSOFT has provided you with a translation of the Japanese language version of this Agreement, you agree that the translation is provided for your convenience only and that the Japanese language versions of the Agreement will govern your relationship with PSOFT.
(2) If there is any contradiction between what the Japanese language version of this Agreement says and what a translation says, then the Japanese language version shall take precedence.
Implementation Date: May 1, 2024