Brief summary of the License agreement for Yugamiru cloud
- Delivery of Yugamiru Cloud will be completed when the subscription registration key is sent. Please keep the password sent with the registration key in a safe place.
- Once the registration key is issued, you will be able to use Yugamaru Cloud, and we cannot accept cancellation for any reason after the key is issued.
- You can change your subscription plan or stop using the service from the system at least one month before the renewal date. After that, the plan will be changed or suspended one after the other.
Article 1 (Definitions)
(1) "Yugamiru software"
"Yugamiru software" means Yugamiru software itself or its license key (electronic key or USB hardware key, etc.) to activate "Yugamiru software" and the manuals, etc. (whether electronic, paper, or any other format) for using said software, the copyrights and other intellectual property rights to which are owned by gsport or a third party designated by gsport.
(2) Intellectual property rights
It means copyrights (including the rights stipulated in Articles 27 and 28 of the Copyright Act), patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration, etc. of such rights).
Article 2 (License Agreement)
(1) gsport grants to the users the non-exclusive and non-transferable right to use the Yugamiru software as set forth in each of the following paragraphs for the license period separately determined by gsport and users. Users shall install the Yugamiru software on one computer hardware (provided that only one operating system is installed on one computer hardware) to which a license key has been granted, and shall use the Yugamiru software on one tablet or other terminal.
(2) The data created by users using the Yugamiru software shall be backed up on the cloud operated by gsport for a certain period of time, and may be used when necessary by users' operation.
(3) The backup data shall be deleted when the license period is exceeded or when one year has passed since the last use.
(4) When using the Yugamiru software on multiple computer hardware or multiple tablet terminals, the number of licensed licenses shall be the same as the number of computer hardware to be used, even if they are not used at the same time. However, if the license key is released (removed) from the computer hardware or terminals to be used, such number of units shall be excluded.
Article 3 (License Fee)
1 Users shall pay to gsport an amount (exclusive of tax) calculated in a manner separately determined (hereinafter referred to as the "License Fee") as consideration for the license granted in Article 2. (hereinafter referred to as the "Licensing Fee").
2 Users shall pay the License Fee plus the amount equivalent to consumption tax and other applicable taxes in the preceding paragraph by credit card payment, and at the same time settle the next automatic renewal for the same term. Such automatic renewal shall continue until terminated by users.
3 Users may suspend the automatic renewal at least one month prior to the next renewal by a method separately designated by gsport or may suspend the use immediately by the method described in Article 8.2. In the event that the renewal is made more than one month prior to the next renewal, the automatic renewal for the subsequent renewals shall be suspended.
Article 4 (Prohibited Matters)
Users shall not use the Yugamiru software to do any of the following acts.
(1) Any act in violation of this Agreement.
(2) Duplication of the Yugamiru software
(3) Licensing, assigning, subleasing, or granting a security interest in the Software or its copy to a third party
(4) Use of the Yugamiru software under the name of another person or unauthorized use of the Yugamiru software
(5) Attempt to decompile, reverse engineer, disassemble, or otherwise attempt to unravel the source code of the Software, or to copy or adapt the Yugamiru software
(6) Criminal acts or acts that may lead to a crime
(7) Acts that violate laws, regulations, or public order and morals
(8) Other acts that gsport judges to be inappropriate.
Article 5 (Attribution of Rights)
1. All intellectual property rights (including intellectual property rights derived from the Yugamiru software) arising in connection with the Yugamiru software shall belong to gsport. Both gsport and users confirm that such rights shall not be transferred to users by the license under this Agreement.
2 Notwithstanding the preceding paragraph, gsport may use the images, data, and reports generated from the Yugamiru software only for the purpose of developing and improving the quality of the Yugamiru software, with sufficient protection of personal information, but the intellectual property rights of the preceding paragraph shall not belong to the gsport.
Article 6 (Confidentiality Obligation)
Users shall not disclose or divulge to any third party the contents of this Agreement or any information obtained in connection therewith (intellectual property related to the Software and the license key of Users) without the written consent of Online Mall.
Article 7 (Disclaimer)
1. gsport shall not make any warranty to users regarding the Yugamiru software or user support. gsport does not warrant that the functions of the SOFTWARE or the USER SUPPORT will be suitable for your particular purpose, or that the operation of the SOFTWARE will be uninterrupted or error-free.
2 gsport shall indemnify and hold users harmless from any and all direct or indirect damages (including but not limited to lost profits, business interruption, loss of business information, disputes between users and third parties, or other financial losses) arising from the use or inability to use the Software.
(3) gsport shall provide users with updates to the SOFTWARE, but shall not guarantee the use of the Yugamiru software in perpetuity.
Article 8 (Termination of Agreement)
(1) If users violates this Agreement, gsport may immediately terminate the license agreement with users. users may not use the Yugamiru software after the termination of the License Agreement, and users shall bear the obligation to compensate gsport for any damages incurred by gsport.
(2) Users may terminate the License Agreement by destroying the Yugamiru software In this case, the First Party shall not refund any consideration paid by the Second Party under this Agreement, and the First Party may delete the data, etc. held by the Second Party in the Cloud.
Article 9 (Term of Agreement)
(1) This Agreement shall come into effect when Users installs the Software on its PC or tablet terminal, agrees to this Agreement, or begins to use the Software.
(2) This Agreement shall automatically terminate when a new agreement is concluded due to an upgrade of the Yugamiru software by users.
Article 10 (Governing Law and Court of Jurisdiction)
This Agreement shall be governed by and construed in accordance with the laws of Japan, and any and all disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of The Tokyo District Court or the Tokyo Summary Court as the court of first instance, depending on the amount of the action.
Copyright (C) 2007-2023 gsport, inc.
1st edition. April 18th, 2019
2nd edition. June 7th, 2021
3rd edition. October 19th, 2021
4th edition. February 20th, 2023
Yugamiru cloud handling of Personal Information
In handling the personal information of its customers in business operations, gsport, inc. makes every effort to protect personal information through appropriate management based on internal rules. We highly value the dignity of individuals and the utility of information while strictly observing laws and social norms.
- Strict Observation of Laws and Regulations and Continuous Improvement of the Management Structure
gsport, inc. strictly observes laws and regulations related to personal information, and updates its internal systems and rules to protect personal information. While effectively administering personal information, we strive to continuously improve our information management structure.
Acquisition and Use of Personal Information
When acquiring personal information, gsport, inc. clearly states the purpose of obtaining the information and the scope of its usage in business activities. With the prior permission of customers, we appropriately and fairly acquire and use personal information within the limitations of the purpose for obtaining the information.
We do not share the personal information of our customers with third parties (including third parties outside Japan) unless we have received permission from the customer in advance, or there are special legal or other justifiable reasons for doing so.
Handling of Anonymously Processed Information
When preparing or providing anonymously processed information as defined in the Act on the Protection of Personal Information, gsport, inc. handles such information in strict compliance with the said act and other related laws.
Handling of Pseudonymly Processed Information
When preparing pseudonymly processed information as defined in the Act on the Protection of Personal Information, gsport, inc. uses such information in strict compliance with the said act and other related laws and only in-house (excluding contracting and joint use with third parties).
Ensuring the Accuracy and Security of Personal Information
To ensure the accuracy and security of personal information, gsport, inc. makes every effort to maintain accuracy and update personal information. At the same time, gsport, inc. strives to protect personal information by implementing appropriate and reasonable security measures to counter the risk of illegal access, loss, destruction, alteration, and leakage of information.
Responding to Customer Requests
When receiving a request from a customer about their personal information, gsport, inc. promptly confirms the identity of the individual and responds appropriately to their request.
For Inquires About Personal Information
customer serivices, gsport, inc.
|Responsible person||CEO, Atsushi Kuroda|
|Address||#95 Kisuke-ochanomizu Bldg. 2-2-17 Sotokanda Chiyoda-ku Tokyo, Japan, 101-0021|