OHAYOO END USER LICENSE AGREEMENT
The Product Ohayoo(“Licensed Application”) transacted through App Store are licensed, not sold, to You for use only under the terms of this license.You must read and agree to this OHAYOO END USER LICENSE AGREEMENT before using the Licensed Application. By Using the Licensed Application, you signify your assent to and acceptance of this Agreement and acknowledge you have read and understand the terms.If you do not accept the terms of this Agreement, then you must not use the Licensed Application.The licensor (“ChieQ”) reserves all rights not expressly granted to You.
If you have a question or complaint or claim with respect to the Licensed Application, you may contact ChieQ by mail at:
CHIE Q, K.K.
36-8, Idogayashimocho, Minami-Ku Yokohama, Kanagawa Japan
or by email at email@example.com.
a. Scope of License: This license granted to you for the Licensed Application by ChieQ is limited to a nonexclusive, royaltyfree and nontransferable license to use the Licensed Application on any Apple-branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) (“iOS Devices”) as applicable that you own or control and as permitted by the usage rules in the Mac App Store, App Store and iBooks Store Terms and Conditions (the “Usage Rules”). This license does not allow you to use the Licensed Application on any iOS Devices that you do not own or control, and except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the Licensed Application and, if you sell your iOS Device to a third party, you must remove the Licensed Application from the iOS Device before doing so. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the ChieQ and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
The terms of this license will govern any upgrades provided by ChieQ that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
b. Consent to Use of Data: You agree that ChieQ may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. ChieQ may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.
c. Services; Third Party Materials. The Licensed Application may enable access to ChieQ’s service, third party services, and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that ChieQ shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that ChieQ is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. ChieQ does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither ChieQ, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that ChieQ is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone or iPod touch are not available in all languages or in all countries. ChieQ makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. ChieQ reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will ChieQ be liable for the removal of or disabling of access to any such Services. ChieQ may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
The Licensed Application may enable access to ChieQ’s service (“Ohayoo Service”). As a registered user of Ohayoo Service, you may establish an account (“Account”). Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account, and for all activities that occur on or through your Account, and you agree to immediately notify ChieQ of any security breach of your Account. ChieQ shall not be responsible for any losses arising out of the unauthorized use of your Account.
You agree to provide accurate and complete information when you register with, and as you use, Ohayoo Service (“Registration Data”), and you agree to update your Registration Data to keep it accurate and complete. You agree that ChieQ may store and use the Registration Data you provide for use in maintaining your Account.
You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the Licensed Application in any manner or form, or to use modified versions of the Licensed Application, for any purposes including obtaining unauthorized access to Ohayoo. Violations of system or network security may result in civil or criminal liability.
ChieQ reserves the right to take steps ChieQ believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that ChieQ has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as ChieQ believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement
If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
e. Submissions to Ohayoo Service
Ohayoo Service may offer interactive features that allow you to submit materials (including links to third-party content) on areas of Ohayoo Service and/or the Licensed Application accessible and viewable by other users of Ohayoo Service and the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on Ohayoo Service. You hereby grant ChieQ a worldwide, royalty-free, nonexclusive license to use such materials as part of Ohayoo Service and/or the Licensed Application without any compensation or obligation to you. ChieQ reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
ChieQ has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on Ohayoo Service, to investigate any reported or apparent violation of this Agreement, and to take any action that ChieQ in its sole discretion deems appropriate, including, without limitation, termination hereunder.
When using Ohayoo Service or the Licensed Application, to keep Ohayoo Service safe and secure, you agree that :
1. You will not post content or take any action on Ohayoo Service that infringes or violates someone else’s rights or otherwise violates the law.
2. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Ohayoo Service.
3. You will not post unauthorized commercial communications (such as spam) on Ohayoo Service.
4.You will not upload viruses or other malicious code.
5.You will not solicit login information or access an Account belonging to someone else.
6.You will not bully, intimidate, or harass any user.
7.You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8.You will not use Ohayoo Service and/or the Licensed Application to do anything unlawful, misleading, malicious, or discriminatory.
9.You will not do anything that could disable, overburden, or impair the proper working or appearance of Ohayoo Service, such as a denial of service attack or interference with page rendering or other Ohayoo Service functionality.
10.You will not facilitate or encourage any violations of this Agreement.
11.You will not provide any false personal information on Ohayoo Service, or create an account for anyone other than yourself without permission.
12.You will not create more than one personal Account.
13.If we disable your Account, you will not create another one without our permission.
14.You will not use Ohayoo Service if you are a convicted sex offender.
15.You will not transfer your Account to anyone without first getting our written permission.
If you fail, or ChieQ suspects that you have failed, to comply with any of the provisions of this Agreement, ChieQ, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account; and/or (ii) terminate the license to the Application; and/or (iii) preclude access to Ohayoo Service (or any part thereof).
ChieQ reserves the right to modify, suspend, or discontinue Ohayoo Service (or any part or content thereof) at any time with or without notice to you, and ChieQ will not be liable to you or to any third party should it exercise such rights.
The license is effective until terminated by You or ChieQ. Your rights under this license will terminate automatically without notice from ChieQ if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
h. Disclaimer of Warranty:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CHIEQ HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CHIEQ DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CHIEQ OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
i. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CHIEQ BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CHIEQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall ChieQ’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Both you and ChieQ acknowledge that this Agreement is concluded between both parties only, and not with Apple, Apple is not responsible for the Licensed Application or content.
You agree and acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support with respect to the Licensed Application.
In the event of any failure of the Licensed Application to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price for the Licensed Application to that end-user; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ChieQ’s sole responsibility.
Apple is not responsible for addressing any claims of the Yours relating to the Licensed Application or Your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Licensed Application or the end-user’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, ChieQ, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
j.Third Party Beneficiary. Both users and ChieQ’s acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this agreement, and upon your acceptance of this agreement, Apple will have the right to enforce this Agreement against you as the third party beneficiary hereof.
k. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
l. The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
m. The laws of Japan, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. Any and all disputes arising out of or connection with this Agreement shall be submitted to the exclusive jurisdiction of the Yokohama District Court in the first instance.
This Agreement shall be exected in the Japanese language. Japanese shall be the governing language and any translation of this Agreement into any other language is for convenience of reference only and shall not be the parties hereto.