(DL Software (including firmware)
This agreement (hereinafter referred to as this “Agreement”) sets forth the matters agreed by and between a customer, who is a user of our software (hereinafter referred to as the “Software”), whether person or legal entity (hereinafter simply referred to as the “Customer”), and aiphone, in the use of the Software by the Customer.
The Software (including any firmware) covered by this Agreement is the software used for our products, etc. by downloading from our web site, etc.
This Agreement shall be concluded at the time of download of the Software by the Customer.
aiphone shall not be liable for any damages (including, without limitation, direct damages, indirect damages, damages arising out of a special reason, loss of profit, business interruption, loss of business information and other pecuniary damages) resulting from defects of the Software, except for the case where aiphone provides the Software, knowing the existence of defect therein and not notifying the same.
If the Customer incurs any damages in respect of the Software, and even if aiphone is liable to compensate for such damages, the extent thereof shall be limited to the ordinary damages caused directly and in actuality to the Customer, and the maximum thereof shall be the amount paid by the Customer in acquiring the license of the Software, unless the Customer is a consumer and aiphone has caused any damages to the Customer due to its willful misconduct or gross negligence.
The Customer shall not:
If any dispute arises due to the infringement of copyrights, patent rights or other intellectual property rights, or any other reason between the Customer and a third party, due to the use of the Software by the Customer, the Customer shall settle such dispute upon its own expenses and responsibility, and shall not cause any inconvenience to aiphone, unless such dispute arises due to a cause solely attributable to aiphone.
If the Customer violates this Agreement, and such violation remains uncured after making a demand providing a reasonable period, aiphone may terminate this Agreement and claim any damages incurred by such violation.
If this Agreement terminates for any reason whatsoever, the Customer shall immediately cease the use of the Software, and destroy, or return to aiphone, the Software in whole. In this regard, if aiphone requires, the Customer shall submit a document to prove the destruction of the Software to aiphone.
This Agreement shall be executed and construed in accordance with the laws of Japan.
Any disputes related to this Agreement shall, in principle, be settled upon good faith consultation between the parties. If any dispute cannot be settled upon consultation, such dispute shall be settled by an action brought in the Nagoya District Court having the exclusive jurisdiction of the first instance.