Application License Agreement
Article 1 Introduction
- This license agreement (hereinafter, the “Agreement”) is an agreement between the customer using the application (hereinafter, the “Application”) provided by PONOS Corporation (hereinafter, “PONOS”) and PONOS.
The Application is merely licensed to the customer and is not sold to the customer. Unless otherwise defined, certain terms in this Agreement have the same meanings as defined in the Copyright Act, the Patent Act or other intellectual property Acts of Japan.
- PONOS may at any time amend the Agreement without prior consent of the customer and the customer hereby consents to these amendments by PONOS. Amendments of the Agreement shall come into effect upon public notification on the Official Application Site (as defined below). PONOS will give notification of amendments of the Agreement on the Official Application Site and other sites related to the Application for a period that PONOS considers is a reasonable prior notification period. The customer shall be deemed to have accepted the amendment of the Agreement if the customer uses the Application following the amendment.
The Agreement shall automatically apply to the amendment version and renewed version of the Application released in the future, which may be made available to the customer to replace or supplement the version held by the customer (in the Agreement, “Application” includes these amendment and renewed versions). Further, if the company that PONOS cooperates with or outsourced to with respect to the Application have terms of service or equivalent provisions, the customer shall comply with these terms concurrently as the Agreement.
PONOS may post separate individual provisions and additional provisions with respect to the Agreement in a manner that PONOS designates in the instruction posted on the download site or official site of the application (hereinafter, the “Official Application Site”) which can be accessed from the Application, or any other similar sites. These separate individual provisions and additional provisions shall constitute an integral part of the Agreement; provided, however, that if the terms of the separate individual provisions or additional provisions are inconsistent with the Agreement, the separate individual provisions or additional provisions shall prevail to the extent of such inconsistency.
Article 2 License Terms
PONOS grants to the customer, pursuant to the terms of service of the application download site (hereinafter “Term of Service”), a non-exclusive and non-transferrable license of this Application only intended for the customer to access and use for non-commercial purpose only on one mobile device. The right that the customer obtains shall be subject to customer’s compliance with the Agreement. Any for-profit usage of the Application is prohibited. The customer is strictly prohibited from sub-licensing, renting, leasing, transferring or distributing the Application or its license in any manner. Moreover, the customer shall not publicly transmit (including making it transmittable), distribute, adapt or otherwise utilize the information and message obtained from the Service (as defined below).
The term of the Agreement with the customer starts from the day the customer accessed or used the Application and ends on the day customer disposes of the Application or on the day PONOS terminates the Agreement, whichever is earlier. If the customer attempts to evade the technology protection means of the Application, the license of the customer shall be terminated immediately.
- Reservation of Rights The customer obtains a license for the Application and this license shall be subject to the limitations as set forth in the Agreement. Except for the rights explicitly granted to the customer in the Agreement, PONOS shall reserve all the rights, ownership and interest, as well as all the related copyright, trademark and other intellectual property rights of the Application (including, but not limited to, all characters, storylines, images, pictures, animations, videos, music and texts within the Application). PONOS reserves all rights excluding the rights explicitly granted in the Agreement.
- Additional Limitation The rights of the customer to use the Application shall be limited to the license granted as described above and shall not, without explicit authorization of PONOS and unless explicitly permitted in the Agreement, be distributed, demonstrated, issued, amended, used to duplicate, display or disable the Application in whole or in part to create derivative works of the Application. Moreover, unless there is explicit authorization of PONOS, the customer is prohibited from making duplicates of the Application available on a network such that the Application may be used by more than one customer. The rights granted to the customer in the Agreement shall be limited to the intellectual property rights owned by PONOS and the licensor of PONOS, and shall not include any rights and/or license to any other patent or intellectual property. Except as permitted under the law, the customer shall not reverse compile, reverse assemble or reverse engineer the Application in whole or in part. The customer shall not remove, change, make illegible, any product identification, copyright, and other display of intellectual rights (including, but not limited to the display of trademark or logo) and other displays made by PONOS in the Application. If the use of the Application involves the use of third party’s rights and the third party requires the customer to comply with the terms of service set forth by the third party, the customer shall comply with these terms of service in the customer’s usage of the Application.
- Access to the Application The customer shall bear the expenses for the equipment, access to Internet, mobile device, and service plan to access and use the Application. PONOS does not guarantee that the Application is accessible from all wireless devices or wireless service plans or that the services provided by wireless telecommunications carrier has no disruption or defect. In addition, PONOS does not guarantee that the Application is available in all areas. The customer accepts that the wireless telecommunications carrier of the customer may charge a fee for data, messages and other wireless access fees. Please check with the wireless telecommunications carrier for the amount that may be charged to the customer. The customer shall bear all lthe fees for accessing the Application from mobile devices.
- Contribution of the Customer
If the Application or the Official Application Site expressly permits, the customer may make contribution with respect to the Application and products and service related to the Application (includes any idea or creation; hereinafter the same). If any copyrights or any other intellectual property rights (including any license to the intellectual property rights; hereinafter the same) arise, the customer shall be deemed to have granted PONOS rights and license with respect to the Application and products and services related to the Application. These rights and license may be used by PONOS in any manner or for any purpose and they are worldwide, exclusive, perpetual, irrevocable and completely transferable and sub-licensable. They include the rights to communicate and distribute the customer’s contribution to the public in any manner regardless of whether it is known or unknown at present, or whether duplicated, adapted, amended, demonstrated, displayed, published, broadcasted, audio recorded, video recorded, screened, distributed, or publicly transmitted. PONOS shall not be required to provide any notice or indemnification to the customer for the entire protection period in respect of the intellectual property right as granted under the law and treaties, and the customer explicitly disclaims any rights to receive notice or indemnification even if these notice or indemnification are required by law.
The customer disclaims any rights of co-authors and other author’s moral rights related to the use and enjoyment of the customer’s contribution by PONOS and other players under the Agreement based on the law applicable to the Agreement. This grant of license to PONOS and disclaimer of the aforementioned rights of co-authors shall survive termination of the Agreement. Moreover, the customer’s contribution permitted under this paragraph shall be limited to the customer’s own independent idea, invention, device or creation. If PONOS receives claim or request from a co-inspirer, co-inventor, co-formulator or co-creator, or third party which inspired, invented, formulated or created such contribution with respect to the use of such contribution or license to third party, the customer shall hold PONOS harmless and shall solve the claim or request at its own expense and responsibility.
Article 3 License for Customer’s Data by the Customer
- License for Data
In order to promote the service to the customer such as product support, the customer shall agree that PONOS may gather, use, save and transmit technical and related information which does not identify individual but identifies mobile device, operating system, application software, and peripheral hardware of the customer. Further, PONOS may gather or save the statistical value of the customer’s usage of the Application which does not identify individual and other related services (hereinafter collectively referred to as the “Service”). PONOS may gather and use this information in a form in which the customer is unidentifiable in order to improve the products and services of PONOS. PONOS may share gathered anonymous data with its affiliate company and third party service providers of PONOS.
- Publishing of Data
If PONOS considers necessary for the purpose of protection of PONOS’s rights and assets, protection of human life, body and assets from criminal acts, or sound development and protection of children, PONOS may disclose and/or provide, without permission from the customer, information with respect to its customer such as login information, mobile device information, access information to the Service to the court, prosecutors office, police, local government office and other agencies which have the relevant authority granted by law or ordinance.
Article 4 Advertisement in the Application
- The Application may include the feature to display advertisement provided by third party and is uploaded to the mobile device of the customer from time to time. The contents of the advertisement will change when the customer is using the mobile device online. While the customer is using the Application, PONOS or the advertisement provider may display appropriate advertisement on the Application and information such as age or gender which can be obtained from the mobile device of the customer may be used for counting the number of times the customer views the advertisement. The data obtained from mobile device includes IP address, mobile device product identification number, maker, model, place and maximum duration of display of advertisement, and if the customer browses the advertisement, it will also include the response to the browsing. Other than advertisement providers and transferees permitted by PONOS, the data obtained may be disclosed in a form where the customer is not identifiable.
Article 5 Management of ID and Password
The customer may log into the Application by entering the ID and password issued by third parties designated by PONOS (hereinafter this ID and password shall collectively be called as the “ID Information”) to use the Application downloaded. PONOS does not keep any of the ID and password issued by the designated third parties. The customer shall bear the sole responsibility for the management of the ID Information.
Usage of the Service by using the ID Information shall be deemed to be made by the customer and the customer shall bear all the usage fees and other liabilities. The customer is expressly prohibited from accessing and using the Service by using the ID and/or password other than the ID Information (such as ID and/or password of actual or fictitious third party).
Article 6 Usage Fee
- If the Application is a fee based service, the customer will be licensed to use the Service in accordance with the Agreement subject to payment of usage fees set out by PONOS to the customer. Methods of payment may vary depending on the Service. Other usage fees and forms and methods of payment are stipulated in the Application or the Official Application Site.
The usage fees, once paid by the customer, shall not be refunded except if PONOS otherwise expressly agrees. The customer shall pay all of the fees (including disputed amounts) incurred in connection with the use of the Service and the customer has no rights to withhold such payment for any reason whatsoever.
PONOS may change the usage fee and billing method of the Service at any time and the change shall be effective as at the time a notice is given on the Official Application Site. PONOS shall announce information for usage fees and billing method for a period that PONOS considers is a reasonable prior notification period.
The customer expressly agrees that the amount charged for the use of the Application based on the agreement with PONOS will not be refunded even if there are times when the Application may not be used due to disruption or defect of communication service and/or Internet access service which the customer uses for free.
Article 7 Prohibited Acts
- Prohibited Acts The customer shall not engage in acts that could fall into the following items in using the Service (hereinafter, collectively referred to as the “Prohibited Acts”). If PONOS considers that the customer has engaged any of the Prohibited Acts, the customer shall deemed to have materially breached the Agreement and PONOS may immediately delete the relevant part, notify or warn to the customer, delete the data transmitted or displayed by the customer, temporarily or permanently suspend all or part of the usage of the Service and/or delete the member registration of the customer. PONOS may take any of these actions without notifying, explaining or giving prior disclosure to the customer.
- Acts that cause discomfort to other customers or that harm the credibility or honor of a third party such as defamation and slander.
- Acts associated to sexual matters, threatening acts, violent acts, racially prejudicial acts, illegal acts, rude act, obscene acts, defamatory acts and any other acts which cause discomfort.
- Impersonation of PONOS and its affiliated company.
- Organization and activities of gangs intended for business activities, solicitation to group, exchanging of prohibited goods or religious activities on the belief based on religion, race, gender, ethnic group, human rights and any other prejudice.
- Acts that may infringe international law, constitutional law or any other laws and regulations.
- Acts that or that may infringe copyright, trademark or any other right of PONOS or third party.
- Falsification or deletion of the information on the Official Application Site or the Application, unauthorized access, impersonation of actual or fictitious person (including the use of ID or password of other person), acts which falsely change or manipulate the game results and/or performance by itself or in conspiracy, acts that use, create, distribute and/or sell external tool which falsely manipulates the Service such as BOT and/or cheat tool, or acts that use false results created by other user using the external tool for its own benefit or any other act equivalent to those and acts of trying to conduct such acts.
- Acts that or that may gather and/or accumulate personal information of the customer and the third party.
- Any act that PONOS considers the main purpose as to make someone desire or to lead to encounter or relationships with an unacquainted person of the opposite sex.
- Acts that are intended to conduct sexual intercourse or obscene act.
- Acts that attract and/or facilitate the runaways of juveniles.
- Acts that negatively affect the character formation or sound development of minors or acts that interferes with it.
- Acts that display what is equivalent to child pornography or child abuse, or acts that sell medium which records that information, or acts that display or transmits advertisement which evoke its transmission, display or sale.
- Acts that post a comment which induce child (under 18 years old) to be involved in heterosexual relationships or post a comment which induce adult to be a partner in heterosexual relationships.
- Acts that disturbs public order, or acts that induce, abet or could have the effect of disturbing public order.
- Acts that will lead to, or induce, abet or could have the effect of causing, the conduct crime (fraud, improper use of restricted drugs, child prostitution, illegal sale of deposit and savings account and mobile phone).
- Acts that will lead to, or induce, abet or could have the effect of causing, the conduct illegal acts (transfer of guns, manufacture of explosives, provision of child pornography, forging of official documents, murder, threats, betting or gambling).
- Acts that will lead to, or induce, abet or could have the effect of causing suicide and/or self-injury.
- Lending, assignment, change of name, sale and purchase, pledging or permitting a third party to use and offer as security the ID of the Application and game data.
- Use of the Application for a purpose not intended by PONOS.
- Acts that use the defect or failure of the Service for an improper purpose or that use the data obtained by a method PONOS does not intend due to such defect or failure (including change of data and/or duplication of data).
- Conduct an act called real money trade (RMT) which trades game items into real currency (including the case where some kind of game item is granted as compensation for the currency within the game).
- Any acts, other than the above items, that obstruct or have the possibility to obstruct PONOS and the Service Manager.
- Acts that are equivalent to the above items.
- Acts that PONOS considers as prohibited acts and have notified or announced to the customer.
- Termination PONOS may temporarily or permanently terminate all or part of the Service in respect of the customer if one (1) year has passed from the last day the customer used the Service.
Article 8 Termination of the Agreement
The Agreement shall be valid until termination. The rights of the customer under the Agreement shall be immediately and automatically terminated without any notice from PONOS if any of the terms and conditions of the Agreement (including, but not limited to the prohibited acts listed in Article 7) is not complied with. Upon termination, the customer shall immediately cease the use of the Application and shall discard all copies of the Application that the customer possesses or controls. Termination shall not limit any of the other rights of PONOS or remedies such as seeking damages permitted under the law. Article 7 to Article 11 of the Agreement shall survive termination or expiration of the Agreement for any reason.
Article 9 No Guarantee and Limitation on Liability
- No Guarantee
THE CUSTOMER SHALL BE RESPONSIBLE FOR HIS OR HER OWN USE OF THE APPLICATION. UNLESS OTHERWISE PROVIDED FOR UNDER THE LAW, THE APPLICATION SHALL BE PROVIDED AS IS AND PONOS SHALL NOT PROVIDE ANY GUARANTEE INCLUDING THE NONEXISTENCE OF DEFECTS AND/OR OPERATIONAL GUARANTEE. PONOS AND THE LICENSOR OF PONOS (HEREINAFTER REFERRED TO AS “PONOS AND LICENSOR”) DO NOT GIVE ANY EXPLICIT, IMPLICIT OR STATUTORY GUARANTEE AND OTHER GUARANTEES THAT MAY ARISE OUT OF A SERIES OF TRANSACTIONS, USAGE, TRANSACTION PRACTICE (IF ANY), INCLUDING ANY IMPLICIT GUARANTEE OF THE CONDITION OF THE APPLICATION, CAPABILITY FOR CONTINUOUS USAGE, PRODUCTIVITY, LEVEL OF SATISFACTION TO THE QUALITY AND SUITABILITY FOR SPECIFIC PURPOSE, NON-INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY. PONOS AND LICENSOR DO NOT GUARANTEE THAT THERE WILL BE NO DISRUPTION WHEN THE APPLICATION IS BEING USED. FOR EXAMPLE, PONOS AND LICENSOR DO NOT GUARANTEE THAT THE APPLICATION SATISFIES THE CUSTOMER’S REQUIREMENT; THAT FUNCTION OF THE APPLICATION DOES NOT INTERRUPT OR CAUSE AN ERROR; THAT THE APPLICATION INTEROPERATES OR HAS COMPATIBILITY WITH OTHER APPLICATIONS; THAT PONOS AND LICENSOR ARE ABLE TO FIX ANY ERROR OF THE APPLICATION; THAT THE APPLICATION IS USABLE BY REINSTALLING IN THE SAME COMMUNICATIONS EQUIPMENT OR MORE THAN ONE COMMUNICATIONS EQUIPMENT.
PONOS DOES NOT GUARANTEE THAT THE DATA THE CUSTOMER CREATED (INCLUDING THE POINTS AND OTHER DATA OF THE GAME) FOR USE OF THE APPLICATION WILL NOT BE LOST. ANY ORAL OR WRITTEN ADVICE OF PONOS AND LICENSOR OR THEIR AUTHORIZED REPRESENTATIVE OR EMPLOYEES SHALL NOT BE ACCEPTED AS A GUARANTEE.
- Limitation on Liability IN ANY CIRCUMSTANCES, PONOS AND LICENSOR SHALL NOT BE LIABLE TO THE CUSTOMER FOR THE PHYSICAL INJURY, LOSS OF POSSESSIONS, LOST PROFITS, SUBSTITUTION PRODUCTS OR SERVICE EXPENSE, LOSS OF DATA, LOSS OF TRUST, SUSPENSION OF ACTIVITIES, BREAKDOWN OR FAILURE OF EQUIPMENT USED, ANY OTHER DIRECT OR INDIRECT, SPECIAL, CONTINGENT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES ARISING OUT OF THE AGREEMENT OR THE APPLICATION OR DUE TO ACTS RELATED TO THE AGREEMENT OR THE APPLICATION. THIS IS REGARDLESS OF THE FACT THAT THE DAMAGES ARE CAUSED BY TORTIOUS ACTS (INCLUDING NEGLIGENCE) OR BREACH OF CONTRACT, STRICT LIABILITY, WHETHER OR NOT PONOS AND LICENSOR WERE INFORMED OF THE POSSIBILITIES OF THE DAMAGES.
- Exception by Statute With respect to the preceding 2 paragraphs, in some areas, provisions of law or court may not permit the limitation on liability due to death, physical injury, fraudulent misstatements, certain willful or negligent acts, to certain violation of law, or limitation on contingent, incidental and/or consequential damages. The provisions on limitation on liability in this Agreement may not apply if the aforementioned exclusions and limitations contradict with or violate the laws or the decisions of the court having jurisdiction over the area where the customer is located.
- Limitation on the Aggregate Amount of Liability IF PONOS AND LICENSOR ARE LIABLE TO THE CUSTOMER IN ANY CASE EXCEPT AS OTHERWISE PROVIDED FOR UNDER THE LAW, THE AGGREGATE AMOUNT WHICH PONOS AND LICENSOR ARE LIABLE TO THE CUSTOMER FOR WITH RESPECT TO DAMAGES SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE CUSTOMER FOR THE APPLICATION. IF THE APPLICATION OR USAGE OF THE SERVICE IS FREE OF CHARGE, PONOS AND LICENSOR SHALL NOT BE LIABLE FOR ANY DAMANGES INCURRED BYTHE CUSTOMER.
Article 10 Significant Terms of the Agreement
The customer hereby agrees that the provision of Article 9, which limits the liability of PONOS, is the most significant term of the Agreement.
Article 11 Other
- Severability and Survival If any of the provisions of the Agreement are held illegal, invalid or unenforceable under the law, the remaining provisions shall be amended and interpreted as much as possible to have the original effect intended by the parties hereto and all of the other provision of the Agreement shall continue in full force.
- Injunctive Relief The customer shall admit that a breach of the Agreement will cause irreparable damages to PONOS and financial compensation shall not be the sufficient remedy. Moreover, the customer agrees that PONOS may, in addition to the Agreement and the legal remedies, seek provisional remedies (e.g. provisional injunction) to suspend such violation without bond or other security or proof of damages.
- Governing Law and Jurisdiction The Agreement and the use of the Application by the customer shall be governed by the laws of Japan (without giving effect to any principles of conflicts of laws). The customer expressly agrees that the Kyoto District Court has exclusive jurisdiction over any lawsuit arising out of or related to the Agreement or use of the Application by the customer, and the customer shall not object to this jurisdiction. Both parties agree that the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to the Agreement or any disputes or transactions arising out of the Agreement.
- Entire Agreement
Unless otherwise provided for in the Agreement, the Agreement shall constitute the entire agreement between the customer and PONOS with respect to the Application and has priority over any past or present understandings with respect to the matters provided in the Agreement. Each party shall not be deemed to have waived its rights or authorities even if it does not or delays exercise of its rights or authority under the Agreement.
Please make contact at the following contact information for any questions or opinion with regard to the Agreement.
Corporate Name: PONOS Corporation
Address: Nittochi Kyoto Shijodori Building, 12-1 Tachiuri Higashimachi, Shimogyo-ku, Kyoto-shi, Kyoto
Contact: Please contact through the “Contact” on official site and other sites related to each Application.
This agreement shall take effect from August 28, 2014.
©PONOS Corp. ALL RIGHTS RESERVED.