HQM STORE TERMS AND CONDITIONS
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND KRIPTON Co., Ltd. ("KRIPTON") STATING THE TERMS THAT GOVERN YOUR USE OF THE HQM STORE SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF KRIPTON'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND KRIPTON. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND KRIPTON MAY REFUSE ACCESS TO THE HQM STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. DEFINITION OF THE HQM STORE SERVICE.
KRIPTON is the provider of the HQM Store (the "Service") that permits you to license digital content products, such as music and movies, under certain terms and conditions as set forth in this Agreement.
2. AGE REQUIREMENTS FOR USE OF THE SERVICE.
This Service is available for individuals aged 18 years or older. If you are 18 or older but under the age of 20, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
For the Japanese version, the Service is available to you only in Japan, and is not available in any other location. For the English version, the Service is available to you only outside of Japan, and is not available in Japan. You agree not to use or attempt to use the Service from outside of the available territory. KRIPTON may use technologies to verify such compliance.
4. LICENSE OF PRODUCTS.
The digital content products made available through the Service (the "Products") are licensed, not sold, to you. Your license to each Product that you obtain through the Service is subject to the Licensed Content End User License Agreement set forth below, (http://www.hqm-store.com/terms/), and you agree that the terms of the Licensed Content End User License Agreement will apply to each Product that you license through the Service, in which case the Licensor's end user license agreement will apply to that Product. The Licensor reserves all rights in and to the Product not expressly granted to you.
You acknowledge that the license you purchase to each Product that you obtain through the Service is a binding agreement between you and the licensor of that Product ("the Content Provider") only. The Content Provider of each Product is solely responsible for that Product, the content therein, any warranties to the extent that such warranties have not been disclaimed, and any claims that you or any other party may have relating to that Product or your use of that Product.
You acknowledge that you are purchasing the license to each Product from the Content Provider of that Product; KRIPTON is acting as agent for the Content Provider in providing each such Product to you; KRIPTON is not a party to the license between you and the Content Provider with respect to that Product; and KRIPTON is not responsible for that Product, the content therein, or any warranties or claims that you or any other party may have relating to that Product or your use of that Product.
You acknowledge and agree that KRIPTON, and its subsidiaries, are third party beneficiaries of the Licensed Content End User License Agreement, or the Content Provider's end user license agreement, as the case may be, for each Product, and that, upon your acceptance of the terms and conditions of the license to any such Product, KRIPTON will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary thereof.
All Products made available through the Service are licensed to end user customers only.
5. SYSTEM REQUIREMENTS.
Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
7. YOUR INFORMATION.
You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. KRIPTON may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that KRIPTON may store and use the Registration Data you provide (including PayPal account information) for use in maintaining your accounts and billing fees to your PayPal account.
8. USER ACCOUNT AND SECURITY.
a. Account and Password.
As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify KRIPTON of any unauthorized use of your Account or any other breach of security. KRIPTON shall not be responsible for any losses arising out of the unauthorized use of your Account.
You understand that the Service, and products transacted through the Service, include a security framework using technology that trace your usage of Products to certain usage rules established by KRIPTON and its principals ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by KRIPTON for compliance purposes, and KRIPTON reserves the right to enforce the Usage Rules with or without notice to you. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.
9. USE OF PRODUCTS AND THE SERVICE
a. Products Requirements.
You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on devices), and that such hardware and software is your responsibility. Products may only be downloaded once; after being downloaded, they cannot be replaced if lost for any reason. Once a Product is licensed and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and KRIPTON shall be without liability to you in the event of any loss, destruction, or damage.
b. Use of Products.
You acknowledge that you agree to use Products in compliance with the applicable Usage Rules.
(i) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement and the applicable end-user license agreement.
(ii) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules.
(iii) The delivery of Products does not transfer to you any promotional use rights in the Products.
c. You agree that your license of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Products. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. KRIPTON reserves the right to modify the Usage Rules at any time.
d. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entail the ongoing involvement of KRIPTON. Accordingly, in the event that KRIPTON changes any part of the Service or discontinues the Service, which KRIPTON may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that KRIPTON shall have no liability to you in such case.
e. The Service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted 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, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant KRIPTON a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you.
KRIPTON reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.
KRIPTON has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that KRIPTON in its sole discretion deems appropriate, including, without limitation, under Section 19 below or under our Copyright Policy (http://www.hqm-store.com/terms/).
10. PAYMENT METHODS.
The Service accepts payment through your PayPal account. If your PayPal account is being used for a transaction, KRIPTON may obtain a pre-approval from PayPal for an amount up to the amount of the order. Billing to your PayPal account occurs at the time of purchase or shortly thereafter.
NOTE: If a transaction has been declined online due to issues with your PayPal account, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that PayPal account for your transaction.
11. AGREEMENT TO PAY.
a. Payment for Products.
You agree to pay for all Products you license through the Service, and that KRIPTON may charge your PayPal account for any Products licensed, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING KRIPTON WITH VALID PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the PayPal account you designate during the purchase process.
b. Right to Change Prices and Availability of Products.
Prices and availability of any Products are subject to change at any time.
12. DELIVERY OF PRODUCTS; REFUNDS.
a. Interrupted Delivery.
If delivery of a Product you licensed is interrupted, your transaction will be included in your download queue. You may resume the delivery by accessing http://www.hqm-store.com/ and by logging in your "My Account" and selecting "download".
b. Refund Policy.
On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either reissue of download queue, or refund of the price paid for such Product, as determined by KRIPTON.
If you are transacting using your PayPal account, your order may be authorized and billed in gradual increments during one transaction session as you click the "Buy" button. Depending on the size of your order, this may appear as multiple orders and billings on your credit card statement.
14. SALES TAX.
Customers outside Japan are eligible for Japanese tax exemptions for transactions made on the Service.
15. PRODUCT AVAILABILITY.
On occasion, a licensed Product may become unavailable following a transaction but prior to download. Your sole remedy in such cases is a refund of the price paid for the unavailable licensed Product. Please contact HQM Store Support Service for assistance in such cases (see below).
16. FOR ASSISTANCE WITH ORDERS ? HQM STORE SUPPORT SERVICE.
For assistance with billing questions or other order inquiries, please refer to our online support page by clicking here: http://www.hqm-store.com/support/. If you cannot find the answers you are seeking in our knowledge base, you can send us an email by visiting the following URL https://www.hqm-store.com/contact/. and completing the email form. Responses to emails will be provided as soon as possible.
17. OBJECTIONABLE MATERIAL.
You understand that by using the Service, you may encounter material that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit material. Nevertheless, you agree to use the Service at your sole risk and that KRIPTON shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content genres and descriptions are provided for convenience, and you acknowledge and agree that KRIPTON does not guarantee their accuracy.
18. INTELLECTUAL PROPERTY.
a. Acknowledgement of Ownership.
You agree that the Service, including but not limited to Products, graphics, audio clips, and editorial content, contains proprietary information and material that is owned by KRIPTON and/or its principals, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of KRIPTON Content or Other Materials.
Notwithstanding any other provision of this Agreement, KRIPTON and its principals reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will KRIPTON be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. KRIPTON may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
All copyrights in and to the Service, including but not limited to, the HQM Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by KRIPTON and/or its principals, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS AND CONDITIONS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
KRIPTON, the KRIPTON logo, HQM, and other KRIPTON trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of KRIPTON Co., Ltd. in Japan and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
a. Termination by KRIPTON.
If you fail, or KRIPTON suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide KRIPTON with a valid PayPal Account or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties' rights, KRIPTON, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the Content; and/or (iii) preclude access to the Service (or any part thereof).
b. Termination of the Service.
KRIPTON reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and KRIPTON will not be liable to you or to any third party should it exercise such rights.
20. GENERAL COMPLIANCE WITH LAWS.
The Service is controlled and operated by KRIPTON from its offices in Japan. You agree to comply with all local and national laws, ordinances, and regulations that apply to your use of the Service.
21. ENFORCEMENT OF THESE TERMS.
KRIPTON reserves the right to take steps KRIPTON believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to KRIPTON's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that KRIPTON 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 KRIPTON believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to KRIPTON's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
22. NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS OR WEB SITES.
Certain content, Products, and services available via the Service may include materials from third parties. In addition, KRIPTON may provide links to certain third party Web sites. You acknowledge and agree that KRIPTON is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. KRIPTON does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that KRIPTON is not in any way responsible for any such use by you.
23. MAINTENANCE AND SUPPORT.
The Content Provider will be solely responsible for providing maintenance and support services with respect to that Product, as specified in the Licensed Content End User License Agreement or the Content Provider end user license agreement, as the case may be, or as required under applicable law. You acknowledge and agree that KRIPTON will have no obligation whatsoever to provide any maintenance or support services with respect to any Third Party Product.
24. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS.
a. KRIPTON DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME KRIPTON MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY KRIPTON) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. IN NO CASE SHALL KRIPTON, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, KRIPTON'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. KRIPTON SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND KRIPTON HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e. KRIPTON DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND KRIPTON DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN ONLY BE DOWNLOADED ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED FROM THE SERVICE THAT ARE STORED IN YOUR SYSTEM.
25. WAIVER AND INDEMNITY.
BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD KRIPTON, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY KRIPTON AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM KRIPTON, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF KRIPTON'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
KRIPTON reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
KRIPTON may send you notice with respect to the Service by sending an email message to the email address listed in your HQM Store Account contact information, by sending a letter via postal mail to the contact address listed in your HQM Store Account contact information, or by a posting on the Service. Notices shall become effective immediately.
28. GOVERNING LAW.
The laws of Japan, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with KRIPTON or relating in any way to your use of the Service resides in the Tokyo District Court.
These Terms and Conditions constitute the entire agreement between you and KRIPTON and govern your use of the Service, superseding any prior agreements between you and KRIPTON. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. KRIPTON 's failure to enforce any right or provisions in these Terms and Conditions will not constitute a waiver of such provision, or any other provision of these Terms and Conditions. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. KRIPTON will not be responsible for failures to fulfill any obligations due to causes beyond its control.
30. OTHER TERMS AND CONDITIONS
KRIPTON is not responsible for typographic errors. No KRIPTON employee or agent has the authority to vary any of the Service's policies or the terms and conditions governing any sale.
LICENSED CONTENT END USER LICENSE AGREEMENT
This Licensed Content End User License Agreement ("Agreement") is a legally binding document concluded between you and KRIPTON Co., Ltd. ("KRIPTON") applying to the music data provided by the HQM STORE and its related online documents or electronic documents and Internet-based services ("HQM Contents"). Please read this Agreement carefully before downloading HQM Content. By installing and using HQM Content you are consenting to be bound by the terms of this Agreement.
The HQM Contents are licensed, not sold, to you by KRIPTON for use only under the terms of this Agreement. KRIPTON reserves all rights not expressly granted to you. The rights granted herein are limited to KRIPTON's and its licensors' ("Licensor") intellectual property rights in the HQM Contents and do not include any other patents or intellectual property rights. You own the media on which the HQM Content is recorded but KRIPTON and/or Licensor(s) retain ownership of the HQM Content itself.
2. Permitted License Uses and Restrictions.
This agreement allows you to install and use HQM Content. Except as and only to the extent expressly permitted in this Agreement or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the HQM Content or any part thereof.
You may not rent, lease, lend, redistribute or sublicense the HQM Content.
4. Consent to Use of Data.
You agree that KRIPTON and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, 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 HQM Content and to verify compliance with the terms of this Agreement. KRIPTON may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
5. This Agreement is effective until terminated.
Your rights under this Agreement will terminate automatically without notice from KRIPTON if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use of the HQM Content and destroy all copies, full or partial, from the HQM Store.
6. Disclaimer of Warranties by KRIPTON.
You expressly acknowledge and agree that use of HQM Content 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 HQM Content is provided "as is", with all faults and without warranty of any kind, and KRIPTON and Licensors (collectively referred to as "KRIPTON" for the purpose of Section 6 and 7) hereby disclaim all warranties and conditions with respect to the HQM Content, 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. KRIPTON does not warrant against interference with your enjoyment of the HQM Content, that the function contained in the HQM Contents will meet your requirements, that the operation of the HQM Contents will be uninterrupted or error-free, or that defects in the HQM Content or services will be corrected. No oral or written information or advice given by KRIPTON or a KRIPTON authorized representative shall create warranty. Should the HQM Contents 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.
7. Limitation of Liability.
To the extent not prohibited by law, in no event shall KRIPTON 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 HQM Contents, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if KRIPTON 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 KRIPTON'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 five thousand Japanese yen (\5,000). The foregoing limitations will apply even if the above stated remedy fails its essential purpose.
8. Controlling Law and Severability.
This Agreement will be governed by and construed in accordance with the laws of Japan, as applied to agreements entered into and to be performed entirely within Japan between residents of Japan. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
9. Complete Agreement, Governing Language.
This Agreement constitutes the entire agreement between the parties with respect to the use of the HQM Content licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by KRIPTON. Any translation of this Agreement is done for local requirements and in the event of a dispute between the Japanese and non-Japanese versions, the Japanese version of this Agreement shall govern.
1. Protection of Personal Information
KRIPTON makes every effort to protect your personal information from illegal access, loss, changes, or leaks with measures such as reinforcement of data security, maintenance of data management systems and thorough in-house security training.
2. Purpose of Collecting Personal Information and Scope of Collection
When receiving personal information such as customer's name, address, phone number and email address, KRIPTON notifies the customer in advance about the purpose of collecting such information and how the customer can contact KRIPTON with inquiries, and limits the scope of collection within the appropriate range.
3. Use of Personal Information
KRIPTON only uses customers' personal information for purposes agreed upon by the customer.
4. Prohibition on Releasing or Providing Personal Information to Third Parties
KRIPTON maintains the personal information securely, and will not release or provide the information to a third party except:
(1)with consent from the customer himself/herself.
(2)when such information is needed for certain assigned dealers to fulfill the service the customer himself/herself has requested.
(3)when required by law.
5. Supervision of Personal Information with Third Party
When release of person information to a third party is required to fulfill a request agreed upon by the customer, KRIPTON will properly supervise the third party to ensure security of the information, binding the third party to the same strict level of personal data management to which we hold ourselves.
6. Releasing or Correcting Personal Information
KRIPTON will respond to the customer who requests release or correction of personal information within a reasonable period and to a reasonable degree, after KRIPTON has confirmed that request comes from the customer himself/herself.
7. Obedience to the Law and Revision