- 1. Scope of the Terms
- 2. Agreement to the Terms
- The Users shall be deemed to have agreed to all the contents of the Terms at the time of downloading the Software and running it on a computer. The non-agreeing Users shall delete all the downloaded files regarding the Software.
- The Users who are minors, under guardianship, curatorship, assistance or similar protection, shall obtain the consent or acknowledgment of the statutory agents, the people with parental authority, the guardians, the curators, the assistants or their equivalents, on the use of the Software if such consent or acknowledgement is required for the Users to agree to the Terms under the laws of Japan.
- 3. License
Subject to the terms and conditions of the Terms, Dayz hereby grants to the Users a non-exclusive license to use the Software.
- 4. Scope of the License
- The Users may use the Software for commercial and/or non-commercial purposes, provided that the Users may not use the Software in the manner by which the Users shall directly obtain the profit therefrom.
- The Users may install and use copies of the Software to computers conforming to the specifications Dayz will designate separately.
- No right to sublicense the Software to any person shall be granted by the Terms.
- Subject to the conditions set forth in the Article 5, the Users may redistribute the Software.
- 5. Redistribution
- The Users may redistribute the Software on the website managed by the Users under the following conditions:
- the archive of the Software obtained from the original distribution site managed by Dayz (https://www.kinza.jp) (the "Official Site") shall not be amended and be kept in its original form;
- the URL of the Official Site in the foregoing item shall be clearly shown on the redistributing website; and
- the version of the redistributed Software shall be clearly shown.
- Notwithstanding the provisions of the foregoing paragraph, the Users shall immediately cease the redistribution upon the request from Dayz and shall not redistribute the Software again without the permission of Dayz.
- The Users hereby agree that for whatever reasons the Users shall not make any objection against the request from Dayz when Dayz requests to cease the redistribution pursuant to the foregoing paragraph.
- 6. Prohibited Activities
- The Users shall not alter, reverse engineer, disassemble decompile or otherwise attempt to analyze or transform the Software, in whole or in part.
- The Users shall not, by way of the foregoing paragraph or otherwise, attempt to derive the source code of the Software or to create the derivatives thereof.
- The Users shall not remove or destruct the trademark or copyright notices of Dayz or any other third parties displayed on the screen or contained in the Software.
- The Users shall not use the Software for purposes other than permitted in the Terms and the laws, orders, regulations, guidelines, and other generally recognized customs and guidelines applicable in the relevant jurisdiction (including the laws regarding the data or software on the import to or export from Japan or other relevant countries).
- Regarding the use of the Software, the Users shall not:
- violate laws and regulations or aid and abet, force or otherwise assist the violations;
- use the Software for the purpose of controlling the facilities likely to inflict material damage or injury to the life, body or assets;
- violate the rights to fame, social credibility, privacy, portrait right, publicity, copyright and other intellectual properties, and other rights (including all the rights acknowledged by laws and regulations and by precedents);
- use or let the third parties to use the Software for the purpose of obtaining the consideration therefrom or disturb or interrupt the Software or the server or the network connected to the Software;
- use the Software more than reasonably necessary, abuse the Software or to use the Software not in compliance with the directions set forth by Dayz;
- for whatever purpose, sell, lease or sublicense the Software (excluding the redistribution in accordance with the Article 5);
- act against the public policy or the common sense;
- use the Software not conforming to the purpose of the provision of the Software or to use the Software in the way or the mode Dayz deems inappropriate; or
- conduct any acts analogous to the foregoing items.
- 7. Contents Accessible Through the Software
- The Users hereby agree that the sender of the information shall be solely responsible for all the information including the data files, documents, computer software, music, audio files and other sounds, pictures, videos or other images accessible as a part of the Software or through the usage of the Software (the "Contents").
- Unless otherwise clearly stipulated, Add-ons installable to the Software are created by the third-party corporations or individuals and Dayz or Google Inc., are merely referring or providing for your information. Dayz does not guarantee the quality of any individual Add-ons and Dayz shall not take any responsibility for the damages caused by the usage of the Add-ons. The Users shall use the Add-ons at the Users' own risk. The opinions and the questions regarding the Add-ons should be sent to the creators of the Add-ons.
- The Users hereby acknowledge that the Contents provided as a part of the Software (including but not limited to the advertisement or the sponsored Contents) may be protected by the intellectual property right of the sponsors, advertisers, or the individual or corporate agents therefor. The Users shall not alter, rent, lease, lend, sell, or distribute the Contents or create any derivative works based on the Contents (whether whole or in part), however, this shall not apply when the Users execute a contract with Dayz or the right holders of the Contents and Dayz or the right holders grant the license therefor.
- The Users hereby acknowledge that by using the Software, the Users may be exposed to disagreeable, obscene, or undesirable Contents and that the Users shall use the Software at the Users' own risk.
- The Users hereby acknowledge that the Users are solely responsible (and Dayz shall not be responsible for the Users or the third parties) for the losses and damages (including losses and damages Dayz may incur) as a result of the Contents created, sent or displayed by the Users or any other acts by the Users through the usage of the Software.
- 8. The Contents by the Users
The copyright and other rights of the Users on the contents submitted, posted or displayed through the Software shall remain to be held by the Users.
- 9. Intellectual Properties
- Except for the open source software, the patents, copyrights or any other rights of the Software belong exclusively to Dayz irrespective of the registration or the location thereof.
- The Users hereby acknowledge that (i) the Contents may contain the secret information designated by Dayz and (ii) the Users shall not disclose such information without obtaining the prior written consent of Dayz.
- The Users hereby acknowledge that the videos (including but not limited to the images, sounds, texts and pictures; the same shall apply hereunder) are protected by the copyrights, trademark rights, patents and other intellectual property rights and laws.
- Unless the Users and Dayz otherwise agree in writing, any provision of the Terms do not provide the right to use any of Dayz's trade names, trademarks, service marks, logos, domain names or other distinctive brand features.
- 10. Usages and Developments of the Open source software
- The Software is a web browser developed by Dayz using the open source software hereunder shown and includes the open source code developed by the third parties. Where the terms of the open source software and the terms of the Terms vary, regarding the treatment of the open source software, the terms of the individual open source software prevail. Furthermore, the Users shall comply with the conditions of the use of the open source software stipulated at the last part of the Terms.
The open source software used:
- In using the open source software contained in the Software, the Users shall comply with the terms of the individual open source software at the Users' own risk and the Users shall not cause any damages to Dayz. Should Dayz incur any damages by the use of the open source software in the Software, the Users shall indemnify Dayz for all of such damages.
- 11. NO GUARANTEE
- THE USERS HEREBY UNDERSTAND AND ACKNOWLEDGE THAT THE USAGE OF THE SOFTWARE BY THE USERS ARE AT THE USERS’ OWN RISK AND DAYZ PROVIDES THE SOFTWARE ON AN “AS IS” AND A “LIMITED TO THE EXTENT REASONABLY ABLE TO PROVIDE” BASIS.
- DAYZ DOES NOT OFFER ANY GUARANTEE ON THE NON-EXISTENCE OF THE ERRORS, BUGS, LOGIC ERRORS, FLAWS, INTERRUPTION OR OTHER DEFECTS, RELIABILITY, ACCURACY, INTEGRITY, OR AVAILABILITY OF THE SOFTWARE. IRRESPECTIVE OF EXPRESS OR IMPLITED GUARANTEE, DAYZ ONLY PROVIDES THE SOFTWARE ON AN “AS IS BASIS” AND DOES NOT OFFER ANY GUARANTEE ON THE FITNESS FOR A PARTICULAR PURPOSE, UTILITY (USABILITY), SECURITY, THE TITLE AND THE NON-INFRINGEMENT.
- THE USERS SHALL EXPRESSLY UNDERSTAND AND ACKNOWLEDGE THAT DAYZ SHALL BEAR NO LIABILITY FOR THE DAMAGES DIRECTLY OR INDIRECTLY CAUSED BY THE SOFTWARE AND THAT DAYZ ALSO SHALL BEAR NO LIABILITY FOR THE DAMAGES CAUSED BY THE FACILITIES AND THE MEDIA.
- THE USERS AGREE THAT (i) THE USERS SHALL BE RESPONSIBLE FOR ALL THE DAMAGES CAUSED BY (a) THE USAGE AND NON-AVAILABILITY OF THE SOFTWARE, TO WATCH OR INABILITY WATCH THE VIDEOS AND OTHERS, DOWNLOADED THROUGH THE SOFTWARE, AND (b) THE VIOLATION OF THE TERMS AND (ii) THE USERS SHALL NOT CLAIM ANY COMPENSATION, REIMBURSEMENT NOR MAKE ANY OTHER REQUESTS.
- THE USERS HEREBY UNDERSTAND AND AGREE THAT DAYZ SHALL NOT BEAR ANY OBLIGATIONS ON THE UPGRADE AND THE DEBUGGING OF THE SOFTWARE.
- THE USERS HEREBY AGREE THAT A PROBLEM OCCURS BETWEEN DAYZ AND A THIRD PARTY REGARDING THE USAGE OF THE SOFTWARE BY THE USERS AND THE THIRD PARTY RAISES OBJECTIONS, REQUESTS SOMEHOW OUT OF THE COURT, FILES A LAWSUIT, FILES A MEDIATION OR BASED ON THE PETITIONS BY THE THIRD PARTY THE COURT ORDERSPROVISIONAL SEIZURE OR PROVISIONAL DISPOSITION, OR ANY OTHER LEGAL ACTIONS ARE TAKEN, AT THE REQUEST OF DAYZ, THE USERS, AT THEIR OWN RESPONSIBILITY AND EXPENSE OF THE USERS, SHALL RESOLVESUCH ISSUES AND SHALL KEEP DAYZ HARMLESS FROM ANY DAMAGES, AND WHEN THE DAMAGES (INCLUDING BUT NOT LIMITED TO THE ATTORNEY’S FEE AND THE PAYMENT OF THE SETTLEMENT AMOUNT IN OR OUT OF THE COURT) ARE INCURRED BY DAYZ, THE USERS SHALL INDEMNIFY DAYZ FOR SUCH DAMAGES AND SOLELY BEAR ALL THE DAMAGES. FURTHERMORE, WHEN DAYZ ASKS OR DIRECTS TO COOPERATE, AND SOLELY BEAR ALL THE DAGAMES. FURTHERMORE, WHEN DAYZ ASKS OR DIRECTS TO COOPERATE, THE USERS SHALL COOPERATE AT THE EXPENSE OF THE USERS.
- THE USERS SHALL REPORT TO DAYZ IMMEDIATELY WHEN A PROBLEM OCCURS BETWEEN THE USERS AND THE THIRD PARTIES. AFTER THE REPORT, AT THE REQUEST OF DAYZ, THE USERS SHALL REPORT TO DAYZ IN DETAIL REGARDING THE ITEMS REQUESTED BY DAYZ, INCLUDING THE SITUATION, THE RESULTS AND OTHERS, OF SUCH PROBLEM.
- DAYZ SHALL NOT BE RESPONSIBLE FOR THE TELECOMMUNICATION FEE CAUSED BY THE USAGE OF THE SOFTWARE WHEN A DISPUTE OCCURS BETWEEN THE USERS AND THE THIRD PARTIES.
- DAYS SHALL NOT BE RESPONSIBLE FOR THE USERS’ DAMAGES CAUSED BY THE VIOLATION OF THE TERMS BY THE OTHER USERS.
- DAYZ IS NOT RECOMMENDING THE VIDEOS OF THE ADVERTISING SITES AND DAYZ SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES CAUSED BY THE USAGE AND RELIANCE THEREFOR.
- 12. Advertisement
- Parts of the services provided by the Software are supported by the income from the advertisements, and the advertisements or the promotion programs may be displayed. The advertisement may be based on the information stored in the Software or the query or other information exchanged through the Software.
- Dayz reserves the right to change the form, style or the range of the advertisements on the Software without the specific notices to the Users.
- 13. The Update of the Software
- The Software may download and install the update data or the program from the website of Dayz. Such updates are for the purpose of improving, reinforcing, and further developing the software, and may be in the form of the correction of bugs, extended functions, new software modules or completely new versions. The Users hereby acknowledge that the Users will receive such updates as parts of the usage of the Software (and to permit Dayz to provide the aforesaid updates to the Users).
- 14. Privacy
( https://www.dayz.jp/privacypolicy/ ) .
- 15. Provision of the Software
- The contents of the Software shall be limited to the extent Dayz may be reasonably able to provide at the time. Dayz reserves the right to alter, add or abandon the whole or the part of the Software regardless of the reason.
- Dayz reserves the right to temporally or permanently terminate the provision of the Software without sending the prior notice to the Users.
- 16. The Facilities for the Software
- The Users shall, at their own responsibility and expense, prepare all the facilities necessary for the usage of the Software on the part of the Users, including the communication devices, software, network and others. Furthermore, the aforementioned facilities shall be maintained at the own responsibility of the Users, so that the usage of the Software shall not be disturbed.
- 17. Secrecy of Communication
- According to the Article 4 of the Telecommunications Business Act of Japan (Act No. 86 of December 25, 1984), Dayz will protect the secrecy of the Users’ communication.
- 18. Termination
- Dayz reserves the right to terminate the Terms with the Users and terminate the legal relationship between Dayz and the Users regarding the Software, if
- the Users violate any of the provisions of the Terms (or to expressly show by the action that the Users have no intention to or unable to comply with the provisions of the Terms);
- Dayz owes the responsibility to terminate by the law (e.g., the provision of the Software to the Users is or becomes illegal);
- Dayz decides to cease the provision of the Software to the Users of the country where the Users reside or use the service; or
- Dayz decides that provision of the Software is commercially impossible.
- In the event of the termination of the Terms, all the legal rights, obligations and debts the Users and Dayz enjoyed and applied thereto (or created during the validity of the Terms) shall not be effected by the terms and Articles 6, 7, 9,11, 18, 20, 21 and 22 shall survive the termination of the Terms for unspecified period.
- 19. Revision of the Terms
- 20. Installation of the Non-latest Version of the Software)
- 21. Severability
- If any provision of the Terms is decided to be invalid or unenforceable because of the Consumer Contract Act of Japan (Act No. 61 of May 12, 2000) or any other laws and regulations, such invalidity, illegality or unenforceability shall not affect any other term or provision of the Terms.
- 22. Governing law
- The governing law of the Terms shall be the laws of Japan.
- 23. Jurisdiction
- Dayz and the Users hereby agree that, in response to amount of the case, the Tokyo District Court or the Tokyo Summary court shall have exclusive jurisdiction for the first instance over any lawsuit in connection with the Terms.
- The Conditions of the Use of the Open source software
- About the Chromium
Copyright 2016 The Chromium Authors. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
* Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Effective from May 20, 2014
Revised on December 21, 2015
Revised on March 18, 2015