End User License Agreement
Effective as of June 1, 2023.
IMPORTANT
: Please
read the
terms and conditions of product
application set out below carefully prior to download,
installation, copy or
use.
THROUGH DOWNLOADING, INSTALLING,
COPYING OR
USING THE SOFTWARE YOU ARE EXPRESSING YOUR CONSENT TO
THESE TERMS AND CONDITIONS AND YOU ACKNOWLEDGE PRIVACY POLICY.
End User License Agreement
Under the terms of this End User License
Agreement
("Agreement") executed
by and between OSSEC, Inc., having its registered office at
4
th
Floor,
East One Tower, 2-16-1
Konan, Minato-ku, Tokyo, Japan ("OSSEC" or
"Provider") and you, a physical person or legal entity
("You" or "End User"),
You are entitled to use the Software defined in Article 1 of
this Agreement.
The Software defined in Article
1 of this Agreement can be downloaded from the Provider’s
website and
stored in your personal
computers, subject to the terms and conditions specified
below.
THIS IS AN AGREEMENT ON END USER RIGHTS
AND NOT AN
AGREEMENT FOR SALE.
The Provider
continues to own
the copy of the Software and the physical media contained in the
sales package and any other copies that the End User is
authorized to make
pursuant to this
Agreement.
By clicking on "I Accept" while
installing,
downloading, or using the
Software, You agree to the terms and conditions of this
Agreement and
acknowledge the Privacy Policy. If You
do not agree to all of the terms and conditions of this
Agreement and/or
Privacy Policy, immediately click
on the canceling option, cancel the installation or download, or
delete,
accompanying documentation and its
receipt to the Provider.
YOU AGREE THAT YOUR USE OF THE SOFTWARE
ACKNOWLEDGES
THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS.
I. Introduction :
OSSEC, Inc. (the “OSSEC” or “we”) respects the privacy of our members and are committed to protecting
Personal Data. This Privacy Policy explains how we collect, use, and share Personal Data and Non-Personal
Data on www.ossec.co.jp, mobile website, mobile applications, we profiles on the OSSEC social media sites
and any other digital services and platforms officially operated or used by the OSSEC from time to time
(“Sites”), as well as by phone or by paper. In certain Sites operated overseas, the privacy policy displayed
on those Sites, and not this Privacy Policy, may govern the collection, use and sharing of information.
II. Changes to the Privacy Policy :
As the OSSEC, its membership, products and services change from time to time, this Privacy Policy is
expected to change as well. We reserve the right to amend the Privacy Policy at any time, for any reason.
The date of the last revision to the Privacy Policy will be indicated by the "Effective Date" at the bottom of
this page.
III. Types of Data We Collect :
a)
Personal Data
We collect information (whether online, by phone, or by paper) that enables us to identify or contact you
(“Personal Data”) to carry out its business purposes. The OSSEC Sites collect this information for a variety
of business reasons, including but not limited to, applying for registering and purchasing the OSSEC
products.
The types of Personal Data we collect include, but are not limited to:
(1) General data (e.g., names, dates of birth, home and business addresses, email addresses, Internet
protocol addresses and mobile/landline business/personal telephone numbers that are provided by our
members/customers)
(2) Government-issued identification (e.g., my number card, driver license, passport, health insurance
card),
(3) Financial information (e.g., credit and debit card numbers, PIN numbers, PayPal numbers, )for product
sales
b) Non-Personal Data
We collect information (whether online, by phone, or by paper) that does not directly identify you as you
interact with our Sites (“Non-Personal Data”). The types of Non-Personal Data we collect includes, but is
not limited to:
(1) Site usage (e.g., browsing history, search terms, referring/exit pages, date/time stamp, time on Site)
(2) Products and services viewed, including advertisements for such products and services
(3) Computer type, operating system, and platform type
(4) Internet service provider
(5) Your industry and business (e.g., company size and location, job function)
For the purpose of this Agreement, it is necessary to collect, process and store data enabling the Provider to identify You in compliance with Privacy Policy. You hereby acknowledge that the Provider checks using its own means whether You are using the Software in accordance with the provisions of this Agreement. You hereby acknowledge that for the purpose of this Agreement it is necessary for your data to be transferred, during communication between the Software and the Provider's computer systems or those of its business partners as part of Provider’s distribution and support network to ensure functionality of Software and authorization to use the Software and to protection of the Provider’s rights. :
Following conclusion of this Agreement, the Provider or any of its business partners as part of Provider’s distribution and support network shall be entitled to transfer, process and store essential data identifying You for billing purposes, performance of this Agreement and transmitting notifications on your Computer.
Details about privacy, personal data
protection and
Your rights as a data subject can
be found in Privacy Policy which is available on
Provider’s website
and accessible directly from the
installation process. You can also visit it from
Software’s help
section.
4. Exercising End User rights. :
You must exercise End User rights in person. You are only entitled to use the Software to safeguard your operations and protect your Computer for which You have obtained a License.
5. Restrictions to rights. :
You may not copy, distribute, extract components, or make derivative works of the Software. When using the Software, You are required to comply with the following restrictions:
a) You may make one copy of the Software on a permanent storage medium as an archival backup copy, provided your archival back-up copy is not installed or used on any Computer. Any other copies You make of the Software shall constitute a breach of this Agreement.
b) You may not use, modify, translate, or reproduce the Software or transfer rights to use the Software or copies of the Software in any manner other than as provided for in this Agreement.
c) You may not sell, sub-license, lease or rent or borrow the Software or use the Software for the provision of commercial services.
d) You may not reverse engineer, reverse compile or disassemble the Software or otherwise attempt to discover the source code of the Software, except to the extent that this restriction is expressly prohibited by law.
e) You agree that You will only use the Software in a manner that complies with all applicable laws in the jurisdiction in which You use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
f) You agree not to exercise any activities involving use the License key, contrary to the terms of this Agreement or leading to provide License key to any person who is not entitled to use the Software, such as the transfer of used or unused License key in any form, as well as the unauthorized reproduction, or distribution of duplicated or generated License keys or using the Software as a result of the use of a License key obtained from the source other than the Provider.
6. Copyright. :
The Software and all rights, without limitation including proprietary rights and intellectual property rights thereto are owned by OSSEC. They are protected by international treaty provisions and by all other applicable national laws of the country in which the Software is being used. The structure, organization and code of the Software are the valuable trade secrets and confidential information of OSSEC. You must not copy the Software, except as set forth in Article 5(a). Any copies which You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on the Software. If You reverse engineer, reverse compile, disassemble or otherwise attempt to discover the source code of the Software, in breach of the provisions of this Agreement, You hereby agree that any information thereby obtained shall automatically and irrevocably be deemed to be transferred to and owned by the Provider in full, from the moment such information comes into being, notwithstanding the Provider's rights in relation to breach of this Agreement.
7. Reservation of rights. :
The Provider hereby reserves all rights to the Software, with the exception of rights expressly granted under the terms of this Agreement to You as the End User of the Software.
8. Commencement and termination of the Agreement. :
This Agreement shall be effective from the date You agree to the terms of this Agreement. You may terminate this Agreement at any time by permanently uninstalling, destroying, and returning, at your own cost, the Software, all backup copies, and all related materials provided by the Provider or its business partners. Your right to use Software and any of its features may be subject to EOL Policy. After the Software or any of its features reaches the expiration date, your right to use the Software will terminate. Irrespective of the manner of termination of this Agreement, the provisions of Articles 6, 7, 9, 11, and 13 shall continue to apply for an unlimited time.
9. END USER DECLARATIONS. :
AS THE END USER YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEITHER THE PROVIDER, ITS LICENSORS OR AFFILIATES, NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SOFTWARE WILL NOT INFRINGE ANY THIRD-PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. THERE IS NO WARRANTY BY THE PROVIDER OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.
10. :
No other obligations. This Agreement creates no obligations on the part of the Provider and its licensors other than as specifically set forth herein.
AGREEMENT_11LIMITATIONOFLIABILITY.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER, ITS EMPLOYEES OR LICENSORS BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR OTHER THEORY OF LIABILITY, ARISING OUT OF THE INSTALLATION, THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE PROVIDER OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED, IN SUCH CASES, THE LIABILITY OF THE PROVIDER, ITS EMPLOYEES OR LICENSORS OR AFFILIATES SHALL BE LIMITED TO THE SUM THAT YOU PAID FOR THE LICENSE.
11. Nothing contained in this Agreement
shall
prejudice the statutory rights of any
party dealing as a consumer if running contrary thereto.
12. Technical support.
OSSE shall provide technical support at its own discretion, without any guarantees or declarations. No technical support will be provided after the Software or any of its features reach its licensing expiration date. The End User shall be required to back up all existing data, software, and program facilities prior to the provision of technical support. OSSEC cannot accept liability for damage or loss of data, property, software or hardware or loss of profits due to the provision of technical support. OSSEC reserve the right to decide that resolving the problem is beyond the scope of technical support. OSSEC reserves the right to refuse, suspend or terminate the provision of technical support at its own discretion. License information, Information, and other data in compliance with Privacy Policy may be required for the purpose of technical support provision.
13. Trade control compliance.
a)You will not, directly or indirectly, export, re-export, transfer or otherwise make available the Software to any person, or use it in any manner, or be involved in any activity, that could result in OSSEC or its holding companies, its subsidiaries, and the subsidiaries of any of its holding companies, as well as entities controlled by its holding companies ("Affiliates") being in violation of, or being subject to, negative consequences under trade control laws which include:
(i)any laws that control, restrict, or impose licensing requirements on export, re-export or transfer of goods, software, technology, or services, issued or adopted by any government or regulatory authority of Japan, the United States of America, Singapore, the United Kingdom, the European Union or any of its Member States, or any country in which obligations under the Agreement are to be performed, or in which OSSEC or any of its Affiliates are incorporated or operate, and
(ii)any economic, financial, trade or other, sanction, restriction, embargo, import or export ban, prohibition on transfer of funds or assets or on performing services, or equivalent measure imposed by any government or regulatory authority of the United States of America, Singapore, the United Kingdom, the European Union or any of its Member States, or any country in which obligations under the Agreement are to be performed, or in which OSSEC or any of its Affiliates are incorporated or operate.
b)OSSEC shall have the right to suspend its obligations under, or terminate, these Terms with immediate effect in the event that:
(i)OSSEC determines that, in its reasonable opinion, the User has breached or is likely to breach provisions of Article 13 a) of the Agreement; or
(ii)the End User and/or the Software become subject to Trade Control Laws and, as a result, OSSEC determines that, in its reasonable opinion, the continued performance of its obligations under the Agreement could result in OSSEC or its Affiliates being in violation of, or being subject to negative consequences under, Trade Control Laws.
c) Nothing in the Agreement is intended, and nothing should be interpreted or construed, to induce or require either party to act or refrain from acting (or to agree to act or refrain from acting) in any manner which is inconsistent with, penalized, or prohibited under any applicable Trade Control Laws.
14. Notices.
All notices of the Software and Documentation may send You by emails, and any changes of this Agreement or Private Policies may post the communication on our website. You agree to receive legal communications from OSSEC in electronic form, including any communications on change in Terms, Special Terms or Privacy Policies, any contract proposal/acceptance, or invitations to treat, notices or other legal communications. Such electronic communication shall be deemed as received in writing unless applicable laws specifically require a different form of communication.
15. Applicable law.
This Agreement shall be governed by and construed in accordance with the laws of Japan. The End User and the Provider hereby agree that the principles of the conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods shall not apply. You expressly agree that any disputes or claims ensuing from this Agreement with respect to the Provider or any disputes or claims relating to use of the Software shall be settled by Tokyo District Court and You expressly agree to the said court exercising jurisdiction.
16. General provisions.
Should any of the provisions of this Agreement be invalid or unenforceable, this shall not affect the validity of the other provisions of the Agreement, which shall remain valid and enforceable under the conditions stipulated therein. This Agreement has been executed in English. In case any translation of the Agreement is prepared for the convenience or any other purpose or in any case of a discrepancy between language versions of this Agreement, the English version shall prevail.
OSSEC reserves the right to make changes to the Software as well as to revise terms of this Agreement, its Annexes, Addendums, Privacy Policy, and Documentation or any part thereof at any time by updating the relevant document (i) to reflect changes to the Software or to how OSSEC does business, (ii) for legal, regulatory or security reasons, or (iii) to prevent abuse or harm. You will be notified about any revision of the Agreement by email or by other electronic means. If You disagree with the proposed changes to the Agreement, You may terminate it in accordance with thirty (30) days after receiving such notice of the change. Unless You terminate the Agreement within this time limit, the proposed changes will be deemed accepted and become effective towards You as of the date You received a notice of the change.
Provider This is the entire Agreement between the Provider and You relating to the Software, and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software.