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| By downloading or
installing the Software or otherwise enabling the Software to be used, the
User shall be regarded as agreeing to the execution of this Agreement. |
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■End
User License Agreement
YOU ("USER") SHOULD READ CAREFULLY THE
FOLLOWING END USER LICENSE AGREEMENT ("AGREEMENT") BEFORE DOWNLOADING
AND INSTALLING THE VODAFONE CONNECT CARD UTILITY ("SOFTWARE").
BY INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE, YOU AGREE TO
BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS
OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE. |
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| ■1. Commencement
and Termination |
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(1)
(2)
(3)
(4) |
This Agreement will commence
when the User downloads the Software or part of the Software to his hard
disk or uses the software.
This contract will be considered terminated when the User deletes all of
the Software from his/her hard disk.
SOFTBANK MOBILE may terminate this Agreement for its convenience.
User shall not hold SOFTBANK MOBILE responsible and shall indemnify SOFTBANK
MOBILE, from any loss,
liability or costs arising out of or in any way connected to the termination
of this Agreement. |
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| ■2. License Granted |
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| SOFTBANK MOBILE grants
the User a free and non-exclusive right to use the Software under the terms
and conditions provided in this Agreement. |
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| ■3. Prohibited Acts |
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(1)
(2)
(3) |
The User is prohibited from using
the software in any other manner than specified in this Agreement.
The User is prohibited from selling, distributing, sublicensing, leasing
or assigning the Software to a third party or conduct any similar acts,
except as specifically provided.
The User is prohibited from attempting to decode the source code of the
Software through reverse engineering, decompiling,
translating, disassembling or otherwise. |
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| ■4. Software Rights |
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All copyrights and
other intellectual property rights, and any other rights related to the
Software and any related documentation,
belong to SOFTBANK MOBILE Corp. ("SOFTBANK MOBILE"). |
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| ■5. Limitation of
Liability and Disclaimer of Warranty |
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(1)
(2)
(3)
(4) |
SOFTBANK MOBILE shall not be
liable in any way for any damage that is incurred by the User directly or
indirectly in relation to the installation or use of the Software (including
but not limited to the breakdown or problems of hardware or other software,
and regardless of general, special or consequential damages) and for any
claims by any third party.
The Software is provided "as is" without warranty of any kind.
SOFTBANK MOBILE does not make any warranties, express or implied, including
but not limited to warranties of merchantability, quality, functionality,
fitness for a particular purpose or noninfringement on a third party's intellectual
property rights. In no event shall SOFTBANK MOBILE be liable for any damages
whatsoever arising out of this Agreement or the use or inability
to use the Software.
SOFTBANK MOBILE reserves the right to change the specifications, distribution
method or price of the Software at any time without notice.
All information provided by SOFTBANK MOBILE to the User shall also be governed
by the terms and conditions of this Agreement. |
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| ■6. Jurisdiction |
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| If legal disputes
arise in relation to this Agreement, the Tokyo District Court in Japan shall
have exclusive jurisdiction in the first instance. |
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