
7
6 Support and Updates.
Company reserves the right, at its sole discretion, and
with or without notice to you, to add or remove
features or functions to or from the Software, or to
provide programming fixes, enhancements, updates
and upgrades, to the Software (collectively
"Updates"). You agree that Company has no
obligation to provide you with Updates, or make
available to you any subsequent versions of the
Software. You also agree that you may, in Company’s
sole discretion, be required to enter into a modified
version of this Agreement if you want to use an
Updates.
7 Use of Content
7.1 You may use any Content uploaded or recorded or
otherwise made available using, through or in
connection with Company App connected to the
Software by Company and its licensor (collectively
“Company Content”). You may at least create hand-
made craftwork items and use such hand-made
craftwork items for private use by using Company
Content. Any requirements in such private use (e.g.
editing restrictions) and other conditions for use (e.g.
prohibited commercial use of hand-made craftwork
items) may depend on Company Content,
respectively. Please see End User License
Agreement accompanied by Company App connected
to the Software.
7.2 You may produce new Content using this Software
or other devices connected to the Software by
creating or editing. If you produce new content
(“Your Content”), you shall use such Your Content
at your own risk.
8 Your Obligations in respect of the Software
You warrant that you will:
A) comply with all applicable laws, regulations and
codes of practice with respect to your use of the
Software;
B) not use the Software in a way which is unlawful,
defamatory, obscene, indecent, offensive or
threatening or which infringes the Intellectual
Property Rights of any third party; and
C) not distribute or transmit any viruses, worms, Trojan
horses or any other technologically harmful data,
programs or software through, via or using the
Software.
9 Termination
9.1 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.
9.2 Upon termination for any reason all rights granted to
you under this Agreement, 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 Content created by you from the
Company Product in your possession.
10 Miscellaneous terms
10.1 You shall not export or re-export the Software or
any copy or adaptation thereof in violation of any
applicable laws or regulations.
10.2 Except for cases where transferring Company
Products together with ownership, 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.
10.3 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.
10.4 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.
10.5 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.
10.6 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.
10.7 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.
10.8 The Company may update this Agreement in the
following 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.
Notwithstanding the foregoing, in principle, the
contents of the amendments or modifications shall
be published on the Company’s website or by any
other appropriate methods before the effective date
of the amendments or modifications and enter into
effect from the date that is separately specified in the
notification.
11 Third-Party Software
The Software may contain third-party software and/or
open source software programs (collectively, “Third-
Party Software”). As for details of the Third-Party
Software, please refer to the terms and condition
separately defined.