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BizRobo! mini Subscription Service Terms of Use (Trial Version)
These Terms of Use establish provisions related to use of the BizRobo Series software subscription (BizRobo! mini) and related services, provided by RPA Technologies, Inc. ("Company" hereinafter). Users of these services ("Users" hereinafter) are requested to use them in accordance with these Terms of Use.
 

Article 1. The Services
The "Services" refer to subscriptions to BizRobo! software, consisting of software developed or licensed from third parties by the Company and open-source software ("Software" hereinafter).

Article 2. How to Apply
1. After consenting to these Terms of Use, Users shall apply to use the Services by filling out the necessary information on the Application Form established by the Company and submitting it to the Company.
2. The User shall be granted rights to use the Services ("Usage Rights" hereinafter) at the time he or she has been notified, in writing or by email, of the acceptance by the Company of the application described in the preceding paragraph.

Article 3. Provision of the Services

1. The Company shall provide the Services to Users during the period of validity of the Usage Rights, and the User shall use the Services internally within its own company, in the established country of the user.
2. The User may not transfer or lend the Services to any third party without the Company’s prior written consent.

Article 4. Usage Charges
There is no charge ("Usage Charges" hereinafter) for use of the Services.

Article 5. Prohibited acts
1. Users must not engage in any of the following acts in using the Services.
(1) Reproduction of the Software beyond the extent necessary for use of the Services
(2) Modification, translation, conversion to another programming language, decompiling, reverse engineering, or disassembling or decryption of the Software's source code, or assisting a third party in any such acts
(3) Incitement of criminal acts, and similar acts
(4) Infringement on the intellectual property rights or privacy of, or slandering or otherwise harming, the Company or a third party, and similar acts
(5) Improper use of another’s password or similar information, permitting another to use the User's own password or similar information, and similar acts
(6) Acts such as transferring, lending, or pledging as security to a third party any rights or obligations under these Terms of Use, and similar acts
(7) Unauthorized alteration or deletion of third-party information accessible from the Services, or impediment of third-party communication, and similar acts
(8) Use of the Services to produce other software
(9) Providing the Services, or derivatives thereof, to third parties, whether free or for a charge
(10) Other acts judged inappropriate by the Company
2. When a User has committed any of the acts prohibited under the preceding paragraph or violated any of the provisions of these Terms of Use, then, except as specified otherwise in these Terms of Use, the User shall compensate for the damage the Company suffered.

Article 6. Rights etc. to the Services
1. The User shall be granted only the usage rights prescribed in these Terms of Use, and any and all other rights related to the Services (including but not limited to the rights of ownership and copyright to the Software) shall be retained by the Company or its licensors. None of the wording of these Terms of Use, in any form, shall be deemed to constitute any license or rights regarding trademarks, trade names, or brand names of the Company or its licensors.
2. The User shall acknowledge that, as requested by the Company, the User's name, logo, trademarks, and other information may be contained in IR materials, marketing materials, and websites of the Company or its affiliates as a user of the Services and announced in user case studies and shall consent to cooperating in the necessary procedures thereof.
3. The User shall acknowledge that, as requested by the Company, the User shall cooperate with questionaire survey on the use of the Service conducted by the Company.
4. The User shall understand that, the Company may introduce the User to paid services for the Service.

Article 7. Designated software
1. Users shall acknowledge that the Company may, as appropriate, designate software as necessary or suitable for use of the Services.
2. Users shall acknowledge that if they have used software other than those designated despite specification by the Company as described in the preceding paragraph, then they may not be able to use the Services in whole or in part and shall waive the right to make any claims vis-a-vis the Company, including demands for compensation for damage, based on such inability to use the Services in whole or in part.

Article 8. Handling of personal information
When handling personal information in using the Services, Users shall take adequate security measures to protect such personal information and shall handle it in accordance with the Act on the Protection of Personal Information (Act No. 57 of 2003).

Article 9. Suspension of provision
The Company may suspend provision of the Services when a User meets any of the descriptions enumerated in these Terms of Use.

Article 10. Cancellation of Usage Rights
1. In the event that the Company has ceased provision of the Services in accordance with the provisions of Paragraph 1 of the preceding article, the Company may cancel the Usage Rights and shall not bear any associated costs.
2. When a User meets any of the descriptions enumerated below, the Company may cancel the Usage Rights without any prior warning.
(1) It has been subject to a filing for provisional seizure, seizure, or auction, or has commenced bankruptcy or civil rehabilitation proceedings, commenced corporate reorganization proceedings, or filed for commencement of corporate rehabilitation proceedings, or it has begun liquidation
(2) It has received a reminder to pay taxes or other public charges in arrears, or has been subject to a filing for provisional seizure or provisional disposition
(3) Its payments have been suspended
(4) Its notes or checks have been dishonored
(5) It has resolved to cease business or to dissolve its organization
3. In the event of the discontinuation, for any reason, of the license provided to the Company by any of its licensors for software owned by said licensor and necessary for provision of the Services, the Company may cancel the Usage Rights by promptly notifying the User in writing and shall not bear any associated costs. The User may not demand any compensation from the Company for damage it suffers as a result of such cancellation, for any reason.
4. When the Usage Rights have been canceled, the User must immediately cease using the Services, dispose of or delete, as instructed by the Company, any and all copies of the Software in its possession or under its control, and, when so requested by the Company, notify the Company in writing, through a document in the name of the User's representative, that it has completed such disposal or deletion.

Article 11. Nondisclosure
The User may not, without the prior written consent of the Company, disclose, provide, or leak to any third party any information concerning the properties of the Services, including (but not limited to) manuals and other documentation concerning the Software or the Services or results of benchmarking of the Services or related customer evaluations ("Confidential Information" hereinafter). However, this shall not apply to information that can be certified to meet any of the descriptions enumerated below.
(1) Information already in the recipient's possession at the time of its provision or disclosure
(2) Information already public knowledge at the time of its provision or disclosure
(3) Information that became public knowledge, through no fault of the recipient, after its provision or disclosure
(4) Information obtained lawfully from a properly authorized third party, without being subject to any nondisclosure obligation
(5) Information developed or obtained independently without relying on Confidential Information
(6) Information that must be disclosed under the provisions of laws
(7) Information for which the prior written consent of the other party has been obtained

Article 12. Period of validity of the Usage Rights
1. The period of validity of the Usage Rights shall be 90 days from the application date.
2. Article 4 through Article 8, and Article 10 through Article 23, of these Terms of Use shall remain in effect even after the end of the period of validity of the Usage Rights.

Article 13. Measures taken after the end of the period of validity
1. When the period of validity of the Usage Rights has ended, the User must cease use of the Services and then shall, within 30 days after the end of the period of validity, promptly dispose of or delete the Software and any and all copies thereof, at its own expense, as instructed by the Company. In addition, when so requested by the Company, the User must notify the Company in writing, through a document in the name of the User's representative, that it has completed such disposal or deletion.
2. When a User has violated the provisions of the preceding paragraph or of Article 10, Paragraph 4, it must compensate for the damage the Company suffered.

Article 14. Third-party and open-source code
1. The User shall acknowledge that the Software includes some third-party and external code ("External Code" hereinafter), including but not limited to free software and open-source software subject to licenses of third parties other than the Company ("Third-party Licenses" hereinafter): the licensing terms established by third-party developers of the software in the case of free software and open-source code licensing terms in the case of open-source software.
2. The User shall acknowledge that the Services' use of External Code, and the conditions thereof, may be revised by the Company or a third party at any time.
3. The User shall acknowledge that, in the event of a conflict between the provisions of these Terms of Use and those of a Third-party License, the Third-party License shall take precedence with regard to the licensing of External Code to the User, although the provisions of the Third-party License shall not apply to other portions of the Software or to the Software as a whole.
4. The User acknowledges that, if it has received a separate demand from a third party for use of any External Code under the provisions of a third-party or open-source code license, the User shall declare and guarantee that all such rights shall be obtained and used, and in the event that the User has neglected to do so, the User shall pay compensation for any and all damage suffered by the Company, Kapow Technologies Inc. (headquarters: 260 Sheridan Avenue, Suite 420, Palo Alto, California, U.S.A.; referred to collectively, including its group of companies, as "Kapow" hereinafter), Lexmark International, Inc. (headquarters: 740 W. New Circle Road, Lexington, Kentucky, U.S.A.; referred to collectively, including its group of companies, as "Lexmark" hereinafter), and Kofax PLC (headquarters: 15211 Laguna Canyon Road, Irvine, California, U.S.A.; referred to collectively, including its affiliate companies, as "Kofax" hereinafter) and not harm the Company, Kapow, Lexmark, or Kofax in any way.


Article 15. Non-guarantee
The Company shall not provide any guarantees (including implicit guarantees) regarding the Services, including guarantees of non-infringement of third parties' rights, of merchantability and suitability to specific users, and of absence of errors, completeness, absence of interruption or mistaken operation, full security vis-a-vis unauthorized access, or absence of any other defects or flaws (referred to collectively as "Defects etc." hereinafter).

Article 16. Limitations of liability
1. The Company shall not be liable to Users for any damages, including but not limited to direct damages, lost earnings, indirect damages, special damages, attendant damages, punitive damages, or derivative damages, due to use of the Services or inability to use them, or due to Defects etc. in the Services.
2. The Company shall not be liable for any damages to Users or third parties arising from improper use of the Services, through methods such as improper use of a login ID by a third party.
3. If the User has, through use of the Services, caused any damage to a third party, the User shall resolve the matter under its own responsibility and shall not cause the Company to bear any liability, for any reason.
4. The Company shall not bear any liability to third parties, including Users, for loss or damage, etc., in whole or in part, of data or other content belonging to Users or third parties prepared using the Services and stored on PCs or cloud systems on which the Services run.

Article 17. Exclusion of antisocial forces
1. The Company and the User hereby declare and guarantee that they do not meet any of the descriptions enumerated below.
(1) It currently qualifies, or has qualified in the past, as an organized crime syndicate, members of organized crime, quasi-members of organized crime, companies affiliated with organized crime, sokaiya racketeers, racketeers posing as social movements, racketeers posing as political movements, specially designated as organized crime syndicates, or other antisocial forces ("antisocial forces" hereinafter)
(2) It has, either itself or through use of a third party, employed fraud, acts of violence, or threatening language targeting the Company
(3) It has acted in ways such as notifying the other party that it qualifies as an antisocial force or that an organization or party affiliated with it qualifies as an antisocial force
(4) It has acted in ways that are, or could be, detrimental to the good name, trust, or other interests of the other party, either itself or through use of a third party
(5) It has acted in ways that have impeded, or could impede the business of the other party, either itself or through use of a third party
2. If a User meets any of the descriptions enumerated in the preceding paragraph, the Company may, without warning, cancel the Usage Rights.
3. The Company shall not be liable for compensation for any damage suffered by the User in the event that the Usage Rights have been canceled as described in the preceding paragraph.

Article 18. Kapow Patents
The User shall acknowledge and consent to the fact that patents owned by or subject to pending applications by Kapow may apply to the Services and the functions thereof, and that patents owned or subject to pending applications by Kapow are those indicated below ("Kapow Patents" hereinafter) and shall agree not to apply for patents or utility models for inventions or designs that could infringe upon Kapow Patents.
 US7904369, US Appl. No. 12/987,371, EP1342171, US7698277, US2009055727, EP1949262, HK1128839, US20090265420, EP2018757, EP1269347, US Appl. No. 10/240,463.

Article 19. Export control
The User may not export the Services, take them overseas, or use them at branch offices outside of the established country of the user.

Article 20. Prohibition of transfer of status
Neither the Company nor the User may, without the prior written consent of the other party, transfer or pledge as security to any third party any of its rights or obligations under these Terms of Use or its status under these Terms of Use.

Article 21. Amendments to these Terms of Use etc.
1. The Company may amend these Terms of Use or the content of the Services at any time. Users shall be notified of amendments to these Terms of Use or the content of the Services through methods deemed appropriate by the Company, such as email or posting to a website specified by the Company, and such amendments shall take effect as of the time of such notification. However, such notification may be omitted in the case of minor amendments that would not cause any disadvantage to Users, such as corrections of words and phrases.
2. A User who does not consent to these Terms of Use after their revision shall immediately cease use of the Services. Continued use by the User of the Services after amendment of these Terms of Use shall be deemed to constitute consent by the User to the amended Terms of Use.


Article 22. Use of related services
The User acknowledges that consent to separate terms of use or other provisions may be required when using related services. In such a case, the User shall consent to use the attendant services in accordance with the applicable terms of use in addition to these Terms of Use.

Article 23. Applicable law and court with jurisdiction
1. The laws of Japan shall apply to the efficacy, performance, and interpretation of these Terms of Use.
2. The Tokyo District Court shall be the agreed exclusive court of first instance for any disputes regarding these Terms of Use.

Article 24. Negotiation
Any matters not provided for in these Terms of Use or doubts arising between the Company and the User concerning these Terms of Use shall be resolved amicably through negotiation between both parties.

Additional provision
These Terms of Use shall take effect on 1 April 2019.

Handling of Personal Information
  1. The name of the business operator
  • RPA Technologies Inc.
  1. Personal information protection manager
  • Nobuyuki Osumi, President and Representative Director of RPA Technologies Inc.
 
  1. Purpose of use of personal information
  • Personal information entered by customers will be used for the following purposes:
  1. To accurately comprehend the contents of inquiries addressed to the Company and requests for disclosure of personal information, and respond to such inquires and requests;
  2. To take the actions necessary for the use of services and products provided by the Company;
  3. To improve, customize, and increase the convenience of services and products provided by the Company; and
  4. To communicate information related to services and products provided by the Company.
  1. The provision of personal information to third parties and the entrustment of handling of personal information
  • The Company shall not disclose or provide customers’ personal information to any third party; provided, however, that the Company may provide customers’ personal information to contractors within the scope necessary to achieve the above-mentioned purposes of use.
  • In such case, the Company shall select companies where the protection of personal information is sufficiently secured, and shall implement the necessary and appropriate measures, such as entering into a contract concerning the protection of personal information. In the event of any request for disclosure from public authorities such as courts and police agencies pursuant to laws and regulations, the Company may provide customers’ personal information to such public authorities.
 
  1. The contact point for inquiries related to the disclosure of personal information subject to disclosure
  • The Company, when requested by the individual concerned, accepts such request for notification of purposes of use, disclosure, correction, addition or deletion of the contents, suspension of use, suspension of provision to third parties (hereinafter referred to as the “Disclosure, etc.”) regarding the personal information subject to disclosure held by the Company.
  • For contact details for inquires including disclosure, please refer to the following “Contact Desk for Complaints and Consultations Concerning Personal Information.”
 
  1. Instructions on the entry of personal information
  • The entry of your telephone number is optional. If you enter your telephone number, the Company may call you in cases when we are unable to contact you by e-mail.
 
  1. Acquisition of personal information by any method that is not easily recognizable by the individual concerned
  • The Company does not acquire personal information using any method (such as cookies and web beacons) that is not easily recognizable by the individual concerned.
 
  1. Privacy policy
  • In collecting personal information, the Company shall clarify the purpose of collection of personal information to customers and shall not use collected personal information for purposes other than the purposes specified.
  • The Company shall use personal information for the consulting business and information processing service business that are operated by the Company itself. With respect to personal information received from customers, the Company shall also notify customers of the purposes of use of the personal information. The Company shall use personal information received from customers only to carry out business entrusted by customers, and shall retain and manage the personal information in accordance with appropriate procedures.
  • The Company shall respect the rights of individuals relating to the personal information of employees, etc., and when the disclosure, correction, or deletion of personal information of an individual concerned is requested by such individual, the Company shall respond to such request within a reasonable period and appropriate scope.
  • When outsourcing the handling of personal information, the Company shall select a contractor who can ensure compliance with our privacy policy, and manage and supervise the handling of personal information.
  • The Company shall safely and properly manage personal information being handled by the Company, and endeavor to prevent and remedy unauthorized access to personal information, as well as the loss, destruction, falsification, and leakage of personal information.
  • The Company shall comply with “Personal Information Protection Management System – Requirements relating to the Protection of Personal Information (JIS Q15001),” and other laws and regulations and other codes relating to personal information, and pay sufficient attention to the handling of personal information.
  • In order to maintain the appropriate protection of personal information, the Company shall continue to improve the personal information protection management system.
  • The Company shall ensure that all employees are fully aware of these policies.
 

Contact Desk for Complaints and Consultations Concerning Personal Information
Contact Desk for Complaints and Consultations Concerning Personal Information of RPA technologies Inc.
Ark Mori Building 13F, 1-12-32 Akasaka, Minato-ku, Tokyo, 107-6013, Japan
Telephone No.: 03-3560-6533 (Office hours: from 10:00 to 17:00, Monday through Friday except national holidays)