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Agreement for use
SkyVisualEditor(Studio) Terms and Conditions of Service Your use of SkyVisualEditor "Studio" service (hereinafter referred to as the "Services") is subject to these terms and conditions (hereinafter referred to as the "Agreement"). 1. Grant to Subscriber 1.1. Subject to the terms and conditions of this Agreement, TerraSky grants you a non-exclusive and non-transferable ID and password (hereinafter referred to as "Authentication Information") to access the site for the use of the Services solely for your internal business purposes. 1.2. Subject to the terms and conditions of this Agreement, TerraSky grants you a non-exclusive and non-transferable license to use relevant software related to the Services and other properties of TerraSky (hereinafter referred to as Properties related to SkyVisualEditor "Studio"). 1.3. SkyVisualEditor "Studio" is provided to you without consideration. You are able to deploy pages created on SkyVisualEditor "Studio" on active Salesforce organizations (hereinafter referred to as the "Deployment" or "Deploy"). In order to use such pages on Salesforce, each user who uses the pages created on Studio is required to otherwise purchase a Run-time license. 2. Change to the terms and conditions 2.1 TerraSky reserves the right to make modification or change to the terms and conditions of the Agreement at any time without notice. When such change is made, TerraSky will make a modified or changed version of the Agreement available at the SkyVisualEditor site, unless otherwise stipulated. You understand and agree that use of the Services after such modification or change shall be considered agreement to such modification or change. 2.2 After such modification or change, only a modified or changed Agreement shall apply. 3. Authentication Information 3.1. No Authentication Information provided by TerraSky may be assigned or transferred to or made available to any third party or subject to any encumbrance. 3.2. You shall maintain the Authentication Information at your own responsibility 3.3. You shall at all times be responsible and liable for any transactions or activities that may occur on your account. 3.4. TerraSky and its distributors shall assume no liability for loss or damage resulting from or in connection with the use of your Authentication Information by any third party. 4. Restrictions You may not conduct any of the following without the prior written consent of TerraSky or its distributor, as the case may be: (1) Use of any Properties of SkyVisualEditor "Studio" for any purpose other than the creation of Visualforce pages. (2) The decompilation, reverse assembly or reverse engineering of any software contained in any of Properties of SkyVisualEditor "Studio" (3) The sublicensing or assignment of any right to use under this Agreement to any third party (4) The use of any of the Properties related to SkyVisualEditor "Studio" for the Application Service Provider businesses or SaaS (Software as a Service) businesses. (5) Any other reproduction, alteration, combination or distribution or any other matter which is not provided for in the Agreement 5. Proprietary Rights for SkyVisualEditor "Studio" Any and all intellectual property rights and other right, title and interest in or related to the SkyVisualEditor"Studio" shall belong to and remain the property of TerraSky. You will be only granted the license to use the Properties related to SkyVisualEditor "Studio" in accordance with this Agreement, and no title or interest therein or related thereto including copyright thereof shall be assigned to you under this Agreement. 6. Suspension and Termination of the Services. 6.1. TerraSky and its distributors reserve the right to suspend provision of the Services without prior notice to you if: (1) maintenance service is required for the Services, (2) failure of the equipment necessary for the provision of the Services occurs, (3) TerraSky considers that the temporary suspension of the Services is required for the appropriate operation of the Services, 6.2. TerraSky and its distributors shall assume no liability for loss or damage to you or any third party as a result of suspension of provision of the Services which falls within any of the events set forth in the preceding paragraph. 7. Information Management Any and all information that you provide to TerraSky or its distributors shall be treated as non-confidential information unless otherwise agreed in the non-disclosure agreements entered between the relevant parties. 8. Limited Warranty 8.1. You are solely responsible for your use of the Services. TerraSky and its distributors shall assume no liability for any loss or damage directly, indirectly, incidentally or consequentially suffered by you in connection with the use of the Services, including the destruction of information and the divulging of confidential information due to computer virus, unauthorized access, etc. 8.2 The Services and the Properties related to SkyVisualEditor "Studio" shall be provided on an "as is" and "as available"bases, and in connection with the Service and the Properties related to SkyVisualEditor "Studio", TerraSky and its distributors shall disclaim any warranties, express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, the non-infringement of any third party’s right, the accuracy of programming and the speed of operation thereof. TerraSky and its distributors shall not be obliged to make any modification, alteration or change whatsoever to the specifications in connection with the Services. 9. Limited Liability TerraSky and its distributors shall neither assume nor accept any liability, obligation or responsibility whatsoever to any person for any loss or damage resulting from or in connection with your use of the Services and the Properties related to SkyVisualEditor "Studio" including (1) any indirect, special, incidental, consequential, or punitive damages, (2) loss of business, loss of profits, destruction or loss of data or (3) loss or damage based on any claim from any third party, whether based on contract, breach of warranty, tort (including negligence) or other theor of liability. 10. Cancellation and Termination 10.1. You may cease the use of the Services and terminate the Agreement at any time. 10. 2. Whenever you violate any of the provisions of this Agreement, TerraSky and any of its distributors shall be entitled to suspend or terminate the Agreement without any notice and without any liability to you or any third party and to be compensated for any damages (including attorney fees and expenses) suffered by TerraSky or any of its distributors due to your violation hereof. 10.3. When this Agreement is terminated, you shall immediately cease to use the Services. The data that have been created by and saved in SkyVisualEditor "Studio" will be deleted upon termination of this Agreement. 11. General Provisions 11.1. The terms and conditions of this Agreement constitute the entire agreement between you and TerraSky and its distributors regarding your use of the Services. 11.2 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with Japanese law without regard to choice of Law rules. The UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS shall NOT apply. Parties hereto shall hereby consent to the exclusive jurisdiction of Tokyo District Court or Tokyo Summary Court for resolution of any disputes arising out of the terms and conditions of this Agreement as the court of first instance. Established on and implemented October 4, 2010 Revision on and implemented July 28, 2011
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