Software License Agreement

This Software License Agreement (“this Agreement” herein) shall serve as a legally binding agreement between TOA Corporation (“TOA” herein) and the user (whether an individual or an organization) regarding software created by TOA and any associated data and electronic documentation (collectively “this software” herein). By clicking on the “Agree” button or using this software, the user agrees to abide by the conditions set forth in this Agreement. Failure to agree to these conditions will result in TOA being unable to give any license to use this software.

1. Through this Agreement, TOA hereby grants to the user, as non-exclusive and non-transferable right, the license described below. Use of the software is licensed on computers administered and/or used by the user, and on other applicable devices.
2. TOA reserves all rights and copyrights relevant to this software, and this software is protected by the copyright law and the international treaty regulations. Further, none of the associated copyrights or intellectual property rights shall be transferred in any way to the user.
3. The user shall not duplicate this software. The user shall not assign, lend, transfer, or by any other means cause a third-party to use this software. The user shall not alter, edit, reverse-engineer, decompile, or disassemble this software.
4. The user shall not use this software for purposes other than its intended use.
5. When using this software abroad, the user shall ensure that he/she remain in compliance with all applicable export control laws in each country.
6. This software is regarded as “commercial computer software” and “commercial computer software documentation,” and as such is subject to the regulations set forth by the United States government in DFAR Section 227.7202 and FAR Section 12.212(b), respectively.
7. In no event shall TOA be liable for any data loss, lost profits, compensations, or other loss or damages resulting from the download or use of this software. Further, whether explicit or implied, TOA shall offer no guarantees regarding this software.
8. Illegal duplication of this software or violation of the conditions of this Agreement by the user shall result in TOA revoking this license and barring the user entirely from any further use of this software.
9. If this software is already accompanied by another user license agreement, and one or more of the conditions within that agreement are found to be in conflict with those in this Agreement, then the conditions stated in the former agreement shall take precedence.
10. This Agreement shall be governed by and construed in accordance with the laws of Japan. The Kobe District Court shall be the exclusive agreement jurisdictional court for any disputes arising out of or in connection with this Agreement.