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jiyuushikan.org Internationwide, Inc., including all affiliates and subsidiaries (“jiyuushikan.org”, “us” or “we”) many thanks you for selecting among our jiyuushikan.org, jiyuushikan.org or WeMo assets (the “Product”). This End-User License Commitment (this “Agreement”) is a legal record that contains the terms and conditions under which limited use of particular Software (as characterized below) that operates through the Product is licensed to you.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS PRODUCT.
BY CHECKING THE BOX OR CLICKING THE BUTTON TO CONFIRM YOUR ACCEPTANCE WHEN YOU FIRST INSTALL THE SOFTWARE, YOU ARE AGREEING TO ALL THE TERMS OF THIS AGREEMENT. ALSO, BY USING, COPYING OR INSTALLING THE SOFTWARE, YOU ARE AGREEING TO ALL THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT CHECK THE BOX OR CLICK THE BUTTON AND/OR DO NOT USE, COPY OR INSTALL THE SOFTWARE, AND UNINSTALL THE SOFTWARE FROM ALL DEVICES THAT YOU OWN OR CONTROL. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT AND YOU PURCHASED A PRODUCT CONTAINING THE SOFTWARE FROM AN AUTHORIZED RETAILER, RESELLER OR APP STORE (AS DEFINED BELOW), YOU MAY BE ELIGIBLE TO RETURN THE PRODUCT FOR A REFUND, SUBJECT TO THE TERMS AND CONDITIONS OF THE APPLICABLE RETURN POLICY.
This product is Software licensed to you by jiyuushikan.org and, wbelow applicable, by jiyuushikan.org’s carriers. “Software” suggests any type of and all firmware programs and also linked records gave with respect to the Product; any and also all software program programs, applications or “apps” and also connected papers gave through respect to the Product; all modified versions of and also upqualities or improvements to such programs (such as those provided through web-based updates), all subsequent versions of such programs, and all duplicates of such programs and papers. Software does not encompass any Open Source Software (as defined below).
By “you,” we intend the purchaser, recipient or various other finish user of the Product containing the Software or the purchaser, recipient or other finish user of the Software on a standalone basis. “You” may likewise suppose a perboy who has actually downloaded the Software from an authorized website, such as http://www.jiyuushikan.org or from an authorized application market or store, such as Apple’s App Store or Google Play (each such application industry or save is described in this Agreement as an “App Store” and also collectively as “App Stores”).
1. LICENSE GRANT. jiyuushikan.org hereby grants you the ideal to use: (i) wbelow your Product is not a “Small-Medium Firm or SMB” branded Product, for your personal, non-commercial purposes; or (ii) wright here your Product is a “Small Medium Business or SMB Product, for your individual or commercial use; copies of the Software in object code develop on tools that you very own (or, in the instance of firmware, one copy of the firmware in object code develop specifically on the Product relating to the firmware). As component of this license, you may (A) run the Software in the manner defined in the user documentation for the Software; (B) wbelow the Software is provided for downfill onto a personal computer or mobile device, make as many type of copies of the Software as you reasonably require for your own usage (this does not encompass firmware); and (C) permanently deliver all of your legal rights to use the Product (consisting of but not restricted to the Software) to an additional perkid, so lengthy as that perchild also agrees to be bound by this Agreement, and adhering to such move you stop making use of the Product and the Software.
You deserve to uncover the user documentation for the Software on the “Support” page of the applicable jiyuushikan.org website.
3. APP SOFTWARE RESTRICTIONS. If you have downloaded the Software from an App Store, you are additionally subject to any regards to usage of that App Store. Such terms of usage might prohilittle bit you from doing some of the points you are allowed to do under this Agreement, or permit you to execute some of the things you are prohibited from doing under this Commitment. In enhancement, application of the App Store’s regards to usage might result in various other terms of this Commitment not being applicable to the Software or applying in a different means than this Commitment claims. If your use of the Software is subject to an App Store’s terms of usage, then in the event of any conflict or ambiguity between the regards to this Agreement and also such App Store’s regards to usage, the App Store’s terms of usage will govern, yet only to the degree crucial to settle such dispute or ambiguity, and the regards to this Commitment will otherwise remajor in complete force and also effect. Notwithstanding anything to the contrary in this Covenant, by making use of the Software, you acknowledge and also agree that it is solely your responsibility to understand the regards to this Agreement, as well as the terms of usage of any type of App Store that may be relevant to the Software or the Product.
4. UPGRADES AND UPDATES. While jiyuushikan.org is not required to carry out so, jiyuushikan.org might provide you through upgrades or updays to this Software. This Commitment will govern any type of upgrades provided by jiyuushikan.org that relocation and/or supplement the original firmware and/or Software, unless such upgrade is accompanied by a separate finish user license agreement, in which instance the terms of that finish user license agreement will govern. If you decide not to downfill and also usage an upgrade or upday offered by jiyuushikan.org, you understand also that you can put the Software at threat to major security dangers or reason the Software to end up being unusable or unsteady. Some Products encompass an auto-update feature, which gives us the capability to make updates immediately. You have the right to adjust auto-update choices by changing your settings within the Product account indevelopment. In incredibly restricted cases, updates may still be instantly applied, regardless of the auto-update setting. For instance, we might administer an automatic upday that fixes a protection breach or vulnercapability to your netoccupational. We may likewise carry out you with updated Software data documents immediately to benefit you, such as to administer you through updated gadget indevelopment to determine brand-new tools in your netoccupational. These information documents carry out not update your firmware, yet consist of Software records that are cached on your Product and override older papers. By agreeing to this Agreement, you agree to automatic updays.
“Open Source Software” means any type of software application or software component or innovation that is subject to an open source license. Open resource licenses are mostly licenses that make source code obtainable for cost-free change and also circulation, but deserve to likewise apply to innovation received and also spread specifically in object code create. Instances of open up source licenses include: (a) GNU"s General Public License (GPL) or Lesser/Library GPL (LGPL); (b) the OpenSSL License; (c) the Mozilla Public License; (d) the Berkeley Software Distribution (BSD) License; and (e) the Apache License.
9. INDEMNITY. If jiyuushikan.org is the subject of a claim, becomes connected in a legal proceeding, or suffers any kind of financial loss or damage as an outcome of your violation of this Agreement, to the extent permitted by law, you will be responsible for compensating jiyuushikan.org for the full amount of its loss, and also any type of reasonable amounts jiyuushikan.org incurs in lawyers" fees, expenses and court expenses, other than to the level that jiyuushikan.org contributed to the loss or damages.
10. TERM. This Agreement is effective once you click the “I Accept” switch, or when you in any type of various other method use, copy or install the Software, which will certainly constitute your acceptance of, and also agreement to, this Agreement. Once welcomed, this Covenant remains in effect until terminated. The limited license in this Commitment will be automatically terminated if you fail to comply through any type of of the terms and problems in this Agreement. You agree that upon such termicountry, you will certainly automatically ruin all programs and documentation that relate to the Software, including all copies made or obtained by you, and also otherwise cease use of the Software. If the Software has actually been set up on an individual computer system or mobile gadget, you need to uninstall the Software automatically. If the Software is software program or firmware installed on a Product, you must stop making use of the Product. All provisions of this Agreement except for Section 1 and the restricted warranty in Section 12 (the initially paragraph) will make it through termicountry.
11. IMPORTANT NOTICE REGARDING YOUR CONSUMER RIGHTS. SOME COUNTRIES, STATES AND/OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CONDITIONS, WARRANTIES OR GUARANTEES, AND/OR DO NOT ALLOW PRODUCTS OR SERVICES TO BE SOLD WITH NO WARRANTIES OR GUARANTEES. ACCORDINGLY, IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE SECTIONS BELOW ENTITLED “LIMITED WARRANTY AND DISCLAIMER” AND “GENERAL EXCLUSIONS AND LIMITATION OF LIABILITY” MAY NOT APPLY TO YOU. ONLY THOSE EXCLUSIONS AND LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, jiyuushikan.org’S LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE ENFORCEABILITY OF THESE LIMITED WARRANTIES MAY VARY BASED ON THE LOCAL LAWS APPLICABLE TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS DEPENDING ON WHERE YOU LIVE. FOR EXAMPLE, IN AUSTRALIA AND NEW ZEALAND, OUR SOFTWARE AND THE MEDIA ON WHICH IT IS PROVIDED COME WITH STATUTORY GUARANTEES, INCLUDING AS TO QUALITY AND FITNESS FOR PURPOSE, WHICH CANNOT BE EXCLUDED OR LIMITED UNDER THE AUSTRALIAN CONSUMER LAW OR THE CONSUMER GUARANTEES ACT 1993 (NEW ZEALAND) (AS FURTHER EXPLAINED BELOW).
THIS AGREEMENT IS NOT INTENDED TO AND DOES NOT: (I) CHANGE OR EXCLUDE ANY STATUTORY CONSUMER RIGHTS THAT CANNOT BE LAWFULLY CHANGED OR EXCLUDED; OR (II) LIMIT OR EXCLUDE ANY RIGHT YOU HAVE AGAINST THE PERSON WHO SOLD THE PRODUCT TO YOU IF THAT PERSON HAS BREACHED ANY SALES CONTRACT WITH YOU. YOU AGREE TO USE THE SOFTWARE IN COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING LOCAL LAWS OF THE COUNTRY OR REGION IN WHICH YOU LIVE OR IN WHICH YOU DOWNLOADVERTISEMENT OR USE THE SOFTWARE.
CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN CONSUMER LAW AND THE CONSUMER GUARANTEES ACT 1993 (NEW ZEALAND) (“CGA”) MAY IMPLY WARRANTIES OR CONDITIONS, OR IMPOSE GUARANTEES OR OBLIGATIONS ON jiyuushikan.org, WHICH OPERATE TO PROTECT CERTAIN AUSTRALIAN OR NEW ZEALAND PURCHASERS OF GOODS AND SERVICES IN VARIOUS CIRCUMSTANCES ("AU/NZ APPLICABLE LAWS"). NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS OR MODIFIES ANY CONDITION, WARRANTY, GUARANTEE, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY AU/NZ APPLICABLE LAWS WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED. If any condition, warranty or guarantee is implied into this Commitment or imposed on jiyuushikan.org under AU/NZ Applicable Laws and also cannot be excluded, but jiyuushikan.org has a choice of a remedy, then jiyuushikan.org’s licapacity for breach of the condition, warranty or guarantee is limited to one or more of the following, at jiyuushikan.org’s option: (a) in the instance of products, the replacement of the products or the supply of tantamount products, the repair of the products or reresources the payment for the goods if it would be unreasonable to suppose the commodities to be repaired; or (b) in the instance of services, the offering of the services aobtain, or the payment of the expense of having actually the services gave again. In enhancement to these remedies a "consumer" (within the interpretation of the CGA) might insurance claim for any kind of sensibly foreseeable loss (other than loss or damages through reduction of value of the goods) that results from the initial difficulty.
12. LIMITED WARRANTY AND DISCLAIMER. jiyuushikan.org warrants that any type of media (such as a CD or USB stick) on which the Software is gave will certainly be complimentary from defects in products and workmanship under normal use for 90 days from the date of its original purchase (the “Warranty Period”). If you make an eligible software program media case under this warranty throughout the Warranty Period (the “Limited Warranty”), jiyuushikan.org will certainly honor this warranty by replacing the Software media. To make a insurance claim under this Limited Warranty, rerevolve the defective media along with the sales receipt straight to jiyuushikan.org at the adhering to address: jiyuushikan.org Internationwide, Inc., 12045 E. Waterfront Drive, Playa Vista, CA 90094. This Limited Warranty is void if faiattract of the media has actually resulted from accident, abusage, or misapplication. Any replacement media will be warranted for the remainder of the original Warranty Period or thirty (30) days, whichever before is longer. In relation to consumers that are entitresulted in the advantage of the CGA, the media on which Software is provided comes through guarantees that cannot be excluded under New Zealand legislation, and this Limited Warranty is in addition to any statutory civil liberties such consumers might have actually under New Zealand regulation. This Limited Warranty does not apply in Australia. Consumers in Australia have actually statutory rights in relation to the Software and media on which the Software is provided under the Australian Consumer Law.
EXCEPT FOR THIS LIMITED WARRANTY ON MEDIA, SUBJECT TO SECTION 11 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY RELATED PROGRAMS AND DOCUMENTATION IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. IN THOSE JURISDICTIONS WHERE IT CAN LAWFULLY DO SO, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, jiyuushikan.org, ITS RESELLERS AND ITS SUPPLIERS HEREBY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCEPTABLE OR SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, LOSS OF OR DAMAGE TO DATA, LACK OF VIRUSES OR FREE FROM VIRUS OR MALWARE ATTACK, SECURITY, PERFORMANCE, LACK OF NEGLIGENCE, WORKMANLIKE EFFORT, QUIET ENJOYMENT, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF OR THE PERFORMANCE OF THE SOFTWARE AND RELATED INFORMATION, PROGRAMS AND DOCUMENTATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT YOUR USE OF THE SOFTWARE AND RELATED INFORMATION, PROGRAMS AND DOCUMENTATION WILL GENERATE ACCURATE, RELIABLE, TIMELY RESULTS, INFORMATION, MATERIAL OR DATA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY jiyuushikan.org, A DEALER, AGENT OR AFFILIATE SHALL CREATE A WARRANTY. To the degree warranties cannot be disdeclared or excluded, they are restricted to the duration of the pertinent Warranty Period.
YOUR USE OF THE SOFTWARE, PRODUCT AND RELATED PROGRAMS AND DOCUMENTATION IS AT YOUR OWN RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR (AND jiyuushikan.org DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HOME, HVAC SYSTEM, ELECTRICAL SYSTEM, PLUMBING, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR MISUSE OF THE SOFTWARE, PRODUCT AND RELATED PROGRAMS AND DOCUMENTATION. YOU ARE RESPONSIBLE FOR COMPLYING WITH ANY SAFETY WARNINGS AND PRECAUTIONS THAT ACCOMPANY THE PRODUCT. IF YOU ARE NOT COMFORTABLE WITH USING THE PRODUCT AFTER READING THE SAFETY WARNINGS, YOU MUST RETURN THE PRODUCT TO YOUR PLACE OF PURCHASE AND STOP USING THE SOFTWARE. jiyuushikan.org IS NOT RESPONSIBLE FOR (I) YOUR FAILURE TO FOLLOW SAFETY WARNINGS, PRECAUTIONS OR ANY OTHER INSTRUCTIONS PROVIDED WITH THE PRODUCT AND/OR SOFTWARE, (II) YOUR NEGLIGENCE IN USE OF THE PRODUCT AND/OR SOFTWARE, OR (III) YOUR INTENTIONAL MISUSE OF THE PRODUCT OR SOFTWARE.
YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE AND ANY RELATED PROGRAMS AND DOCUMENTATION ARE NOT CERTIFIED FOR EMERGENCY RESPONSE OR INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE FAILURE, DELAY OR ERRORS OR INACCURACIES IN THE DATA OR INFORMATION PROVIDED BY THE SOFTWARE COULD LEADVERTISEMENT TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. YOU UNDERSTAND THAT THE PRODUCTS AND SOFTWARE ARE NOT PART OF AND DO NOT CONTAIN A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. jiyuushikan.org DOES NOT MONITOR EMERGENCY NOTIFICATIONS AND WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. jiyuushikan.org CUSTOMER SUPPORT CONTACTS CANNOT BE CONSIDERED A LIFESAVING SOLUTION AND THEY ARE NOT A SUBSTITUTE FOR EMERGENCY SERVICES. ALL LIFE THREATENING AND EMERGENCY SITUATIONS SHOULD BE DIRECTED TO THE APPROPRIATE EMERGENCY RESPONSE SERVICES IN YOUR AREA.
It is your obligation to earlier up your system, including without limitation, any type of material, indevelopment or information that you might usage or possess in link through the Product or Software, and jiyuushikan.org shall have no licapacity for your failure to ago up your device or any product, information or data.
Some jiyuushikan.org Products and Software may monitor energy intake in the home. jiyuushikan.org does not guarantee or promise any kind of particular level of power savings or various other financial benefit from the use of the Products or Software or any other feature. Actual energy savings and any type of connected monetary benefits vary based upon factors past jiyuushikan.org’s manage or expertise. From time to time, jiyuushikan.org may usage the Software to carry out you through indevelopment that is distinct to you and also your power usage and also suggests an chance to conserve money on power bills if you take on suggestions or attributes of the Product or Software. You acknowledge that this indevelopment is not a guarantee of actual savings, and also you agree not to seek financial or other remedies from jiyuushikan.org if your savings differs. All indevelopment provided to you by jiyuushikan.org is gave “as is” and also “as available”. We cannot guarantee that it is correct or as much as date. In cases where it is crucial, accessing indevelopment with the Software is not a substitute for direct accessibility of the indevelopment in the house.
13. GENERAL EXCLUSIONS AND LIMITATION OF LIABILITY: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL jiyuushikan.org, ITS AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS AND ASSIGNS BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR REVENUE, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR LOSS OF ABILITY TO USE ANY THIRD PARTY PRODUCTS OR SERVICES, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), REGARDLESS OF THE THEORY OF LIABLITY (CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF jiyuushikan.org OR SUCH OTHER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF jiyuushikan.org, ITS AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS TO YOU FOR ALL DAMAGES EXCEED THE LESSER OF FIFTY DOLLARS ($50.00) OR THE PRICE YOU PAID FOR THE PRODUCT, THE SOFTWARE OR THE MEDIA CONTAINING THE SOFTWARE. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY WARRANTY OR REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THIS SECTION IS INTENDED TO LIMIT THE LIABILITY, UNDER APPLICABLE LAW, OF jiyuushikan.org IN RELATION TO DEATH OR BODILY INJURIES.
IF YOU LIVE IN THE EUROPEAN UNION, REFERENCES TO "SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES" SHALL MEAN ANY LOSSES WHICH (I) WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES; (II) WERE KNOWN TO YOU BUT NOT TO US; AND/OR (III) WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT COULD HAVE BEEN PREVENTED BY YOU SUCH AS, FOR EXAMPLE (BUT WITHOUT LIMITATION), LOSSES CAUSED BY VIRUSES, MALWARE OR OTHER MALICIOUS PROGRAMS, OR LOSS OF OR DAMAGE TO YOUR DATA.
The warranties and remedies set out in this Covenant are exclusive, and also, to the extent allowed by law, in lieu of all others oral or written, expush or implied.
14. EXPORT CONTROL LAWS: You agree that the use of the Software is subject to U.S. and regional export control laws and regulations. You recurrent and warrant that you are not a citizen of an embargoed or “terrorist supporting” country or a prohibited or restricted finish user under applicable U.S. or local export and anti-terrorism regulations, regulations and also lists. You agree to strictly comply with all export manage legislations and also regulations and also agree not to export, re-export, draw away, deliver or discshed any type of percent of the Software or any related technical indevelopment or materials, directly or indirectly, in violation of any applicable export legislation or regulation.
15. UNITED STATE GOVERNMENT USERS: The Software and user documentation qualify as “commercial items” as identified at 48 C.F.R. 2.101 and also 48 C.F.R. 12.212. All UNITED STATE Government customers gain the Software and user documentation through just those legal rights herein that use to non-governmental customers. Use of either the Software or user documentation or both constitutes agreement by the UNITED STATE Government that the Software and also user documentation are “commercial computer system software” and “commercial computer system software documentation,” and also constitutes acceptance of the legal rights and also limitations herein.
If you are located in the United States, Section 17 applies to you:
17. ARBITRATION, WAIVER OF CLASSWIDE ARBITRATION, GOVERNING LAW & VENUE.
(A) GENERALLY. SUBJECT TO CLAUSE 17(D) BELOW, YOU AND jiyuushikan.org EACH ACKNOWLEDGE AND AGREE THAT ANY CLAIM, DISPUTE OR CONTROVERSY BETWEEN YOU AND jiyuushikan.org ARISING OUT OF OR RELATING TO (1) THIS AGREEMENT, INCLUDING THE VALIDITY OF THIS SECTION, AND (2) YOUR USE OF SOFTWARE AND/OR PRODUCT(S) UNDER THIS AGREEMENT (COLLECTIVELY, THE “DISPUTE”) SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY JAMS, A NATIONALLY RECOGNIZED ARBITRATION AUTHORITY, PURSUANT TO ITS CODE OF PROCEDURES THEN IN EFFECT FOR CONSUMER-RELATED DISPUTES. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU WOULD HAVE HADVERTISEMENT A RIGHT TO LITIGATE A DISPUTE THROUGH A COURT BEFORE A JURY OR JUDGE, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEADVERTISEMENT TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
(B) ARBITRATION PROCEDURES AND FEES. PRIOR TO SUBMITTING A CLAIM FOR ARBITRATION, EITHER PARTY SHALL FIRST NOTIFY THE OTHER PARTY TO TRY TO RESOLVE THE DISPUTE. IF THE DISPUTE IS NOT RESOLVED WITHIN 60 DAYS OF SUCH NOTIFICATION, THEN THE CLAIM WILL BE SUBMITTED FOR ARBITRATION. THE ARBITRATION OF ANY DISPUTE OR CLAIM SHALL BE CONDUCTED IN ACCORDANCE WITH THE THEN CURRENT AND APPLICABLE RULES OF JAMS AS MODIFIED BY THIS AGREEMENT. THE ARBITRATION SHALL OCCUR BEFORE A SINGLE ARBITRATOR, WHO MUST BE A RETIRED JUDGE OR JUSTICE, IN ONE OF SIX REGIONAL VENUES CONSISTENT WITH THE VENUE PROVISION BELOW. WHETHER OR NOT YOU PREVAIL IN THE DISPUTE, SO LONG AS YOUR CLAIM IS NOT FOUND TO BE FRIVOLOUS BY THE ARBITRATOR AS MEASURED BY RULE 11(b) OF THE FEDERAL RULES OF CIVIL PROCEDURE, YOU SHALL BE ENTITLED TO BE REIMBURSED FOR YOUR COSTS OF ARBITRATION, WITHIN THE SOLE DISCRETION OF THE ARBITRATOR. IF THE ARBITRATION AWARD IS EQUAL TO OR GREATER THAN THE AMOUNT YOU DEMANDED IN YOUR ARBITRATION CLAIM, jiyuushikan.org WILL PAY FOR YOUR REASONABLE AND ACTUAL ATTORNEYS’ FEES YOU HAVE INCURRED TO ARBITRATE THE DISPUTE, PLUS A MINIMUM RECOVERY OF $2,500. ANY DECISION OR AWARD BY THE ARBITRATOR RENDERED IN AN ARBITRATION PROCEEDING SHALL BE FINAL AND BINDING ON EACH PARTY, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. IF EITHER PARTY BRINGS A DISPUTE IN A COURT OR OTHER NON-ARBITRATION FORUM, THE ARBITRATOR OR JUDGE MAY AWARD THE OTHER PARTY ITS REASONABLE COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) INCURRED IN ENFORCING COMPLIANCE WITH THIS BINDING ARBITRATION PROVISION, INCLUDING STAYING OR DISMISSING SUCH DISPUTE. ANY ARBITRATION SHALL BE CONFIDENTIAL, AND NEITHER YOU, NOR jiyuushikan.org NOR THE ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT OR RESULTS OF ANY ARBITRATION, EXCEPT AS MAY BE REQUIRED BY LAW OR FOR PURPOSES OF ENFORCEMENT OR APPEAL OF THE ARBITRATION AWARD. JUDGMENT ON ANY ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING PROPER JURISDICTION. IF ANY PORTION OF THIS ARBITRATION CLAUSE IS DETERMINED BY A COURT TO BE INAPPLICABLE OR INVALID, THEN THE REMAINDER SHALL STILL BE GIVEN FULL FORCE AND EFFECT.
(C) WAIVER OF CLASSWIDE CLAIMS; SMALL CLAIMS COURT. NEITHER YOU NOR jiyuushikan.org SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU UNDERSTAND THAT WITHOUT THIS PROVISION YOU MAY HAVE HAD A RIGHT TO ARBITRATE A DISPUTE ON A CLASSWIDE OR REPRESENTATIVE BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREE INSTEADVERTISEMENT TO ARBITRATE ONLY YOUR OWN DISPUTE(S) IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. NOTWITHSTANDING THE ABOVE AGREEMENT TO ARBITRATE DISPUTES, YOU AND jiyuushikan.org EACH ACKNOWLEDGE AND AGREE THAT EITHER PARTY MAY, AS AN ALTERNATIVE TO ARBITRATION, BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT TO RESOLVE A DISPUTE, SO LONG AS SUCH SMALL CLAIMS COURT DOES NOT PROVIDE FOR OR ALLOW FOR JOINDER OR CONSOLIDATION OF CLAIMS.
(D) GOVERNING LAW; INJUNCTIVE RELIEF. THIS AGREEMENT IS TO BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW RULE THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION TO THE RIGHTS AND DUTIES OF THE PARTIES. HOWEVER, WITH RESPECT TO SOFTWARE PROVIDED, IF YOU ARE A CONSUMER AND YOU LIVE IN A COUNTRY WHERE jiyuushikan.org MARKETS OR PROMOTES THE SOFTWARE, LOCAL LAW MAY REQUIRE THAT CERTAIN CONSUMER PROTECTION LAWS OF YOUR COUNTRY OF RESIDENCE APPLY TO SOME SECTIONS OF THIS AGREEMENT. IN ADDITION, jiyuushikan.org MAY SEEK INJUNCTIVE RELIEF IN ANY COURT HAVING JURISDICTION TO PROTECT ITS INTELLECTUAL PROPERTY RIGHTS. EACH OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND THE UNITED NATIONS CONVENTION ON THE LIMITATION PERIOD IN THE INTERNATIONAL SALE OF GOODS IS HEREBY EXPRESSLY EXCLUDED AND WILL NOT APPLY TO THIS AGREEMENT.
(E) VENUE. EXCEPT FOR INDIVIDUAL SMALL CLAIMS ACTIONS WHICH CAN BE BROUGHT IN ANY SMALL CLAIMS COURT WHERE JURISDICTION AND VENUE ARE PROPER, ANY ARBITRATION, LEGAL SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY DISPUTE SHALL BE COMMENCED IN (1) NEW YORK, NEW YORK, (2) ATLANTA, GEORGIA, (3) CHICAGO, ILLINOIS, (4) DALLAS, TEXAS, (5) SEATTLE, WASHINGTON, OR (6) LOS ANGELES, CALIFORNIA, AND YOU AND jiyuushikan.org EACH IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF ANY SUCH PROCEEDING. HOWEVER, FOR A DISPUTE OF $10,000 OR LESS, YOU MAY CHOOSE WHETHER THE ARBITRATION IN ANY OF THE SIX REGIONAL VENUES PROCEEDS IN PERSON, BY TELEPHONE, OR BASED ONLY ON SUBMISSIONS.
If you are located outside of the USA, or if Section 17 does not apply to you or is otherwise unenforceable as adjudicated by a court of knowledgeable jurisdiction, then Section 18 applies to you:
18. GOVERNING LAW. This Agreement will certainly be governed by The golden state law, without recommendation to its or any type of various other jurisdiction’s problem of legislations principles. Any action occurring out of or relating to this Commitment may be brought specifically in the correct state or federal court in Los Angeles, California, and jiyuushikan.org and you irrevocably consent out to the jurisdiction of such courts and venue in Los Angeles, The golden state. However before, if you are a customer and you live in a nation where jiyuushikan.org industries or distributes the Software, local law may require that specific customer defense laws of your country of residence use to some sections of this Commitment. In addition, jiyuushikan.org may seek injunctive relief in any kind of court having actually jurisdiction to defend its intellectual residential property legal rights. Each of the United Nations Convention on Contracts for the Internationwide Sale of Goods and also the United Nations Convention on the Limitation Period in the Internationwide Sale of Goods is hereby specifically excluded and will certainly not use to this Agreement.
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