"ATTAZoo G for Zoom" is a service provided by JB Advanced Technology Corporation ("JBAT") that links "Garoon" and "Zoom" to make online meetings easier to use. Customers who purchased the Primary Service as an integrated service including ATTAZoo G for Zoom solely or in conjunction with other software (services) (hereinafter referred to as "Users") to use the Primary Software (services) (hereinafter referred to as "Primary Service") used by you shall comply with the terms and conditions of the ATTAZoo G for Zoom Terms and Conditions (hereinafter referred to as "these Terms and Conditions") with respect to the use of the ATTAZoo G for Zoom as stated below.
Article 1 (Purchasing ATTAZoo G for Zoom)
Any user who purchases the Primary Services, including ATTAZoo G for Zoom or ATTAZoo G for Zoom, from JBAT or a third party designated by JBAT (hereinafter referred to as the "Distributor") under a separate contract (hereinafter referred to as the "Purchase Contract") shall be entitled to use the ATTAZoo G for Zoom as a right under such Purchase Contract. This Agreement stipulates the duties and JBAT rights of users to distributors and JBAT. In addition, the user shall not have any direct rights to the JBAT except as expressly set forth in this Agreement.
Article 2 (Function of ATTAZoo G for Zoom)
1. When a consumer uses, displays, performs, or otherwise interacts with the primary service provided by the server through the Internet environment by accessing servers on a cloud infrastructure designated by the seller or JBAT for business processing, the ATTAZoo G for Zoom provides the user with the ability to assist in integrating and utilizing various data with other software and other services. The scope and limitations of such functions shall be as specified in the ATTAZoo G for Zoom.
Article 3 (Cloud infrastructure)
1. A user may access the ATTAZoo G for Zoom only by accessing it from the user's environment and operating it on the public cloud specified in Article 25 (Special remarks) Paragraph 1 or separately from the seller or a designated public cloud by the JBAT.
2. If there is any specification or limitation on the capacity of the public cloud or the server to be used, such specification or provision shall be stated in the purchase agreement. In the event the user wishes to change the specifications or the available availability, etc., the specified fee shall be paid upon separate application to the seller. In addition, the JBAT shall not be liable for any disadvantage suffered by the user in the unlikely event that the purchase contract does not contain the specifications or capacity limits specified by the JBAT.
3. In addition to these Terms and Conditions, the user shall comply with the Terms and Conditions of Use stipulated by the service provider pertaining to the public cloud used by the ATTAZoo G for Zoom (hereinafter referred to as the "Cloud Business Operator"). In addition, the JBAT shall not be liable for any disadvantage caused by the user's failure to recognize the applicable terms of use. In addition, any change in the terms of use by the cloud business operator shall not constitute a reason for exemption of the user.
Article 4 (License)
1. The JBAT grants to the user a non-exclusive right to use the ATTAZoo G for Zoom functions based on the JBAT's own rights, provided that the user complies with these Terms and Conditions. In addition to these Terms and Conditions, detailed services or terms and conditions specific to an individual purchase agreement, including those associated with add-ons and customization, shall be stipulated in the purchase agreement.
2. The license under the preceding paragraph shall be limited to the scope of the purpose of business processing by the user's own services, and the user may not use the ATTAZoo G for Zoom as part or part of the commercial services to be provided to a third party without the permission of the JBAT.
3. With regard to the use of the ATTAZoo G for Zoom, if other specific terms of use, license terms, policies, etc. of such software are expressly stated in these Terms and Conditions through other documents or on the website (including site URLs separately designated) by the JBAT or the Software Rights Holder, such terms and conditions shall constitute the terms and conditions of the license for the ATTAZoo G for Zoom as a whole, and the User shall be required to comply with such terms and conditions, etc. in addition to these Terms and Conditions. In addition, such express validity shall be in accordance with the provisions of Paragraph 3 of the preceding article (Cloud Infrastructure) and below.
4. The user is deemed to have agreed to the terms of use, license terms, etc. of the ATTAZoo G for Zoom by commencing the use of the Main Service.
Article 5 (Available time zone)
1. The available hours of the ATTAZoo G for Zoom shall be in accordance with the Primary Service or other services linked. If the public cloud usage time is limited, the available date and available time of the ATTAZoo G for Zoom shall conform to such usage time.
2. In the event of any of the following, the JBAT shall be entitled to suspend all or part of the ATTAZoo G for Zoom for the required time.
(1) Legal inspection, maintenance, repair, etc. of facilities, equipment, and systems are carried out, or the work necessary for system maintenance is carried out, such as application of a modification program to the system and updating of the equipment firmware.
(2) Failure of facilities, equipment, and systems, recovery work, and other unavoidable circumstances occur.
(3) In the event of a telecommunications facility failure.
(4) In the event it becomes necessary to take measures against defects caused by willful misconduct or negligence of a third party.
(5) Where ATTAZoo G for Zoom has become difficult to provide due to the telecommunications carrier's suspension or discontinuation of the provision of telecommunications services, or due to the suspension or discontinuation of the provision of services by the operator or cloud service provider of the server.
(6) If the JBAT acknowledges that the ATTAZoo G for Zoom must be stopped as a means of preventing a computer virus infection or infection.
3. In addition to the cases in the preceding subsection, the JBAT may immediately discontinue the provision of ATTAZoo G for Zoom in the event of any particular situation which makes it extremely difficult for the JBAT to provide ATTAZoo G for Zoom on an ongoing basis.
Article 6 (Terms of Use)
1. A user shall, at his/her own responsibility and expense, prepare the service environment including the related services and other hardware required for the use of the cloud infrastructure (excluding ATTAZoo G for Zoom) required to use the ATTAZoo G for Zoom in a timely, appropriate and secure manner together with the main service, check the status of the support for the version of the main service with other software, etc., and remove any incidents that may hinder the use of the main service, including ATTAZoo G for Zoom, and maintain the environment.
2. The terms and conditions for connecting to an Internet line or cloud infrastructure for using the ATTAZoo G for Zoom shall conform to the contents of the services that provide the relevant line or cloud infrastructure, etc. In addition, when using the main service and the ATTAZoo G for Zoom, the user shall prepare a secure line, and the JBAT shall not be responsible for any issues that arise when the user does not prepare the line at his/her own discretion.
3. The user shall use the ATTAZoo G for Zoom only in Japan and shall not use it abroad or access it from abroad without the prior written approval of JBAT.
4. When using the ATTAZoo G for Zoom together with the main service, the user shall take appropriate protective measures or take measures to enable reproduction as required for the data to be processed or related data/programs, etc. The user shall bear the burden of confirmation, storage, and security control measures for compatibility with the latest API such as data programs.
5. The user shall promptly notify the JBAT of the change through the seller in an express manner in the event of any change in the conditions or information required for the ATTAZoo G for Zoom to be provided by the JBAT, including the matters notified to the JBAT through the seller under the purchase contract.
6. In addition to the provisions of the preceding paragraphs, the user shall be responsible for any loss, damage, or expense incurred by the user or a third party due to the non-implementation of the user's duties, measures, or measures required under this Agreement.
Article 7 (License)
In the event there are any restrictions on the licenses, etc. with respect to the Main Services, the ATTAZoo G for Zoom shall also be subject to such restrictions.
Article 8 (ID and password management)
1. In the event an ID or password is required for the use of the ATTAZoo G for Zoom, the user shall use it only after managing it.
2. In the case of the preceding paragraph, the user shall be responsible for appropriately managing ID and password, and shall not allow any third party to use, transfer, lease, disclose, etc., except in the case where the user causes the user under the control of a user who has been duly authorized by the user.
3. Any act performed under the ID and password set by the user shall be deemed to be the act of the user, and the user shall be responsible for all the results.
4.When JBAT receives a report from a user about a loss, loss, or security issue, or learns of an identity in the JBAT, the JBAT will be able to take immediate measures to determine that a JBAT, such as suspension of use of the ATTAZoo G for Zoom or access restrictions, is appropriate.
Article 9 (Restrictions)
1. When using the ATTAZoo G for Zoom, the user shall not engage in any acts that fall under any of the following items.
(1) Download the ATTAZoo G for Zoom programme or install it on your own hardware, etc. without the prior permission of JBAT.
(2) Using or providing computer viruses and other harmful software through the ATTAZoo G for Zoom or in connection with the ATTAZoo G for Zoom to a third party.
(3) To reproduce, modify, combine, incorporate, modify, translate, otherwise adapt or transfer the ATTAZoo G for Zoom programmes with other software, etc. In addition, use, diversion, etc. beyond the scope granted in the ATTAZoo G for Zoom shall be carried out.
(4) Modifying, removing or deleting the representation of the rights of the copyright holder or other rights holder included in the ATTAZoo G for Zoom.
(5) Conduct reverse engineering, decompilation, disassembly, etc. of ATTAZoo G for Zoom programs. To commit any other act that infringes or is likely to infringe on the legitimate powers of the ATTAZoo G for Zoom.
(6) Distribute, transfer, lease or sublease, rent, sublicense, furnish security, or terminate or package the ATTAZoo G for Zoom, in whole or in part, for free of charge, in whole or in part, or any copy thereof, with or without charge.
(7) To accumulate ATTAZoo G for Zoom on the network in a condition that it can be transmitted to a third party.
(8) To act in such a way as to damage, disrupt, place excessive burden on or cause trouble to the JBAT's server or the network connected thereto. Otherwise, any act that interferes with or threatens to interfere with the proper operation of the ATTAZoo G for Zoom.
(9) The use of ATTAZoo G for Zoom in applications that could directly cause death, personal injury or serious property damage or environmental damage in the event of a failure (including on-line control in hazardous environments (hazardous activities) such as the operation of nuclear power plants, aircraft navigation, communications systems, air traffic control, life support systems, weapons systems, etc.).
(10) In addition to the preceding items, conduct that is contrary to public order and morality or conduct that is found to be inappropriate as a user of ATTAZoo G for Zoom.
2. In the event the JBAT discovers any breach of this Article, it shall be entitled to immediately suspend the provision of ATTAZoo G for Zoom without prior notice or demand and to claim compensation for damages suffered as well.
3. Any and all responsibilities for the result of any violation of any of the items in Clause 1 shall be borne by the User.
Article 10 (Handling of Information)
1. In the event the JBAT falls under any of the following items, the user shall be entitled to refer, browse, disclose, use, etc. the information registered or entered by him/herself in connection with the use of the ATTAZoo G for Zoom in accordance with the provisions of the applicable items.
(1) Where compulsory dispositions based on Article 218 of the Code of Criminal Procedure or other provisions of the said Act or the Act on Interception of Communications for Criminal Investigation, or other compulsory dispositions based on court orders or laws and regulations have been made, and the disclosure is made within the scope of the disclosure request.
(2) Where the requirements for a request for disclosure under Article 4 of the Act on Limitation of Liability for Damages of Specified Telecommunications Service Providers and Receiver Information Disclosure have been fulfilled and such disclosure is made within the scope of said request for disclosure.
(3) When the JBAT determines that it is necessary to protect life, body, or property and uses or discloses such information to the extent necessary to protect such property.
(4) The JBAT refers to the extent required for the operation of the ATTAZoo G for Zoom (calculation of usage fees, maintenance of facilities, etc.).
2. The JBAT's liability for the protection of confidential information and personal information shall be limited to the scope of the preceding paragraph, Article 12 (Handling of Personal Information and Specific Personal Information), Paragraph 2, and Article 23 (Damages, etc.), notwithstanding any other agreements, contracts, etc. between the user and the JBAT related to this Agreement.
Article 11 (Confidentiality)
1. The user shall maintain confidentiality of the content of the program that constitutes the ATTAZoo G for Zoom, the source code, the language, rules, algorithms, techniques, and know-how used, and shall not disclose or divulge any information to any third party.
2. In the event that there is any information such as serial number required to use the ATTAZoo G for Zoom or any other necessary code, the user shall be responsible for managing such information as confidential information and shall not disclose or divulge any such information to any third party.
Article 12 (Handling of Personal Information and Specific Personal Information)
1. Notwithstanding the contract between the user and the seller, the JBAT shall not handle Specific Personal Information (meaning Specific Personal Information as set forth in the Act on the Use of Numbers to Identify Specific Individuals in Administrative Procedures).
2. Notwithstanding the provisions of the preceding clause, the registration, entry, etc. of all information made by the user using the ATTAZoo G for Zoom functions pursuant to the provisions of Clause 1 of Article 10 (Handling of Information) and the storage, storage, etc. thereof shall not have the effect of disclosing, providing, or depositing such information to the JBAT or the service provider, and the user shall be required to take safety control measures pursuant to the provisions of Article 6 (Conditions of Use) at his/her own responsibility. The user shall bear the results of the relevant registration, input, etc., as well as the storage and storage thereof.
Article 13 (Audit)
1. The JBAT shall be authorized to audit the status of use of the appropriate ATTAZoo G for Zoom by the user and the status of compliance with this Agreement. The user shall agree in advance that the JBAT may conduct audits without prior notice to the user, that the JBAT may provide the required materials to the extent reasonable, and that the content may be disclosed by the JBAT to the software right holder or JBAT subcontractors (including all third parties that provide the actual part of the ATTAZoo G for Zoom functions to the user, the same shall apply hereinafter). 2. In the event any unauthorized use or any other breach of these Terms and Conditions by the user is found as a result of the auditing as set forth in the preceding clause, the user shall be required to compensate or compensate the JBAT in a reasonable manner as provided by the JBAT.
ARTICLE 14 (WARRANTY)
1. The JBAT warrants that, except as otherwise provided in these Terms and Conditions, the ATTAZoo G for Zoom shall have the functions specified in the Specified Terms and Conditions of Operation as prescribed by the ATTAZoo G for Zoom. However, there is no guarantee that there will be no error or interruption in the use and that there will be no infringement of the intellectual property rights of any third party.
2. JBAT warrants that it has the reasonable rights and/or has obtained authorization from the Software Rights Holder that JBAT is required to provide the ATTAZoo G for Zoom. Should the use of the ATTAZoo G for Zoom infringe the intellectual property rights of a third party and any claim or objection is made by a third party to the user, the JBAT may, at its own discretion, notify the JBAT of the fact and the content thereof without delay and, provided that the user grants the JBAT the required powers, take appropriate measures to defend the same at its own responsibility and expense or to rectify the infringing conditions.
3. In the cases of the preceding two paragraphs, the JBAT may suspend the provision of ATTAZoo G for Zoom if the ATTAZoo G for Zoom is not available to the user despite the JBAT's reasonable endeavors to rectify the defect, etc.
4. NO EXPRESS OR IMPLIED WARRANTIES ARE MADE FOR THE INTEGRITY, MERCHANTABILITY, USABILITY OR QUALITY OF ATTAZoo G for Zoom, OR FITNESS FOR A PARTICULAR PURPOSE. The selection, use, and use of the main service and ATTAZoo G for Zoom shall be at the user's own discretion and responsibility.
5. There is no warranty of any failure in the use of the ATTAZoo G for Zoom arising from the user's accident, misuse or unauthorized use (including use in breach of this Agreement).
6. Even if the ATTAZoo G for Zoom contains support for programs developed in Java, it shall not have the capability or nature that Java technology can automatically respond to defects.
7. The handling of copyrights, etc. of third party software (including open source software) contained in the main service and other software (services and ATTAZoo G for Zoom) linked with the main service shall be governed by the terms and conditions of use, etc. prescribed by the applicable software. In addition, the Company shall not assume any warranty or liability for damages arising from the JBAT with respect to any defect or infringement of rights resulting from the applicable software. Details shall be governed by the terms and conditions of use, etc., specified in the applicable main service or software.
8. The JBAT shall take reasonable security protection measures prescribed by the ATTAZoo G for Zoom to ensure the safety of the service environment. However, it shall not be guaranteed that there are no known or unknown security vulnerabilities or that unauthorized access to the service environment is completely prevented.
9. Regardless of the reason, the JBAT shall not be liable for any event resulting from the use of the ATTAZoo G for Zoom such as slowdown, outage, damage to data, etc., in terms of the use of the ATTAZoo G for Zoom by the user.
10. Neither JBAT nor the Software Rightholder shall be liable for any and all damages, including direct, indirect, incidental, consequential, lost income or special damages, arising out of the Software Update, etc. stipulated in Paragraph 2 of Article 2 (ATTAZoo G for Zoom Functions), whether or not foreseen or foreseen by the JBAT or the Software Rightholder as to the likelihood of such damages.
11. Any warranty or indemnification for failure to provide the ATTAZoo G for Zoom, including any of the cases set forth in the preceding paragraphs, shall be solely in accordance with the provisions of Clause 4 of Article 23 (Damages, etc.), if there are any grounds attributable to the JBAT.
Article 15 (Management of Materials, etc.)
1. During the use of the ATTAZoo G for Zoom, the user shall use and manage the related materials, etc. loaned with the care of a good manager.
2. Upon termination of the use of the ATTAZoo G for Zoom or upon reasonable instructions from the JBAT, the user shall promptly return the related materials, etc. loaned to the JBAT or follow the instructions of the JBAT with regard to the handling thereof. Either return it to the JBAT or follow the instructions of the JBAT with respect to its handling.
Article 16 (Intellectual Property Rights)
1. All copyrights and other intellectual property rights in the images, webpages, photographs, animations, videos, sounds, texts, and other documents contained in the ATTAZoo G for Zoom, as well as service-related works and reproductions thereof, are the property of the JBAT or the software right holder. Provided, however, that this shall not apply to any third party software program that does not have the proprietary rights of any person or any information content of any third party that is registered or entered by such person using the functions of the main service and in accordance with the purpose thereof.
2. Except as otherwise provided, the use of the ATTAZoo G for Zoom shall not transfer the copyright and other intellectual property rights, including the above, from the JBAT, the service provider or the software right holder to the user. The user shall acknowledge that these rights are protected by Japanese copyright laws and other applicable laws (including foreign laws).
3. Upon termination of use of the ATTAZoo G for Zoom when deliverables including JBAT or third party intellectual property rights have been delivered, the user shall comply with the instructions of the JBAT with regard to the handling thereof. When the application is finished, the user shall follow the instructions of the JBAT for the handling.
Section 17 (Infringement by Users)
In the event any claim is made by another user or a third party or any dispute such as the filing of a lawsuit arises as a result of the user causing damage to another ATTAZoo G for Zoom user or a third party with regard to the use of the ATTAZoo G for Zoom, the user shall, at his/her own responsibility and expense, respond to such claim or lawsuit and resolve such dispute.
Article 18 (Fees)
The amount of the ATTAZoo G for Zoom usage fee and the terms of payment shall be set forth in the Purchase Agreement.
Article 19 (Indemnification Due to Natural Disasters)
The JBAT shall not be liable for any failure to provide ATTAZoo G for Zoom due to natural disasters, acts of God, other disasters, disturbances, etc., failure to perform the telecommunications services provided by the telecommunications carrier or server operators or services provided by the cloud service providers, failure of telecommunications networks, infrastructures, and other causes not directly related to the JBAT, whether foreseen or foreseeable by the possibility of damage, including the JBAT(JBAT subcontractors and software rightholders). In addition, the same shall apply to any change, discontinuation, or abolition of services by a service provider or a third party other than the JBAT due to a reason not attributable to the JBAT. The provisions of this article shall prevail over all other provisions of this Agreement.
Article 20 (Commencement of Use)
The starting date of use of the ATTAZoo G for Zoom shall be as set forth in the Purchasing Agreement.
Article 21 (Termination of Provision of ATTAZoo G for Zoom)
1. In the event the user or the seller falls under any of the following conditions, the user or the seller shall be deemed to have violated this Agreement for a reason attributable to the user or the seller, and the JBAT shall be entitled to immediately discontinue providing the ATTAZoo G for Zoom without incurring any burden or liability whatsoever. In this case, the Company shall be entitled to claim compensation for damages from the responsible party. In the event the JBAT is required to remedy the obligations under the Code for a reasonable period of time in breach of the obligations under the Code.
(2) In the event of a petition for provisional attachment, attachment, auction sale, bankruptcy, civil rehabilitation, or corporate reorganization, or in the event of voluntary petition or liquidation;
(3) In the event the Company transfers all or any important part of its business, abolishes its business, or dissolves or adopts a resolution thereof without a change or merger.
(4) Where the person has been subject to a preservative seizure for failure to pay taxes and other public charges.
(5) In the event of suspension of payments or insolvency.
(6) In the event a bill is dishonored or a suspension of business is imposed by a clearinghouse.
(7) In the event of suspension of business or revocation of business license or business registration by the competent authority.
(8) In the event of an anti-social force or an anti-social force becoming an officer or an employee who is substantially involved in management, becoming a major shareholder or a provider of funds, or having any business or other relationship.
(9) In the event of any other material event similar to any of the preceding items that makes it difficult to continue providing ATTAZoo G for Zoom.
2. In the event any of the events listed in the items of the preceding paragraph occurs to the user or the seller, the user or the seller shall lose the benefit of time and shall be required to immediately repay all obligations to the seller or the JBAT.
3.If the services of a third party, which are indispensable for JBAT to provide ATTAZoo G for Zoom, are changed or abolished due to unavoidable reasons attributable to the JBAT, or if it is no longer possible to provide ATTAZoo G for Zoom due to similar reasons, the JBAT may always make mid-term changes to the terms and conditions of the contract, fees, etc., or suspend the provision of the ATTAZoo G for Zoom, and take steps to reimburse the payer to JBAT for the fees for the remaining period. In this case, the JBAT will notify the Seller as soon as the event is revealed and will assist the Consumer-Seller consultation on a subsequent response. JBAT will not be held responsible for any damages due to the cancellation of the provision of ATTAZoo G for Zoom based on this section or the change of the terms and conditions, except for the deliberate case of JBAT.
4. The JBAT shall be entitled to suspend or terminate the provision of all or part of the ATTAZoo G for Zoom at any time in the event that it becomes difficult for the JBAT to provide the ATTAZoo G for Zoom due to the user's breach of the duties stipulated herein. In this case, the fees shall not be reduced or refunded.
5. In the event there is any data (including software agents) of the software stored or stored by the user for the use of the ATTAZoo G for Zoom, including in the case of Clause 2 of Article 15 (Management of Materials), and the term of use of the ATTAZoo G for Zoom has expired, the user shall discard or delete all such data, except as otherwise instructed by the JBAT. Should the user fail to do so, the JBAT shall be entitled to freely dispose of the software data and charge the user the required costs. In addition, the user shall return all materials and information provided for the use of the ATTAZoo G for Zoom to the JBAT.
Article 22 (Compliance with Export Regulations)
1. The user shall not export (including downloading) the ATTAZoo G for Zoom (including technical data) directly or indirectly without the permission of the JBAT. In addition, no use shall cause any threat to be used in the development, manufacture, use or storage of weapons, etc.
2. The User shall comply with all export-related laws and regulations applicable to the ATTAZoo G for Zoom (including, without limitation, government ordinances, ministerial ordinances, orders, instructions, etc. of the Government of Japan and the Government of the United States of America). The JBAT shall not be responsible for the removal, export, or use of the ATTAZoo G for Zoom outside of Japan with or without the permission of the JBAT, and in the event of any damage to the, the user shall be liable to compensate for such damage. he/she shall be responsible for compensating.
Article 23 (Damages)
1. The liability for damages incurred by JBAT(JBAT's subcontractors and Software Rights in connection with this Agreement, except as otherwise provided in Article 14 (Warranty), shall be limited to normal damages actually incurred by you as a direct consequence of any cause attributable to JBAT, irrespective of the cause of claim, including any liability for default, tort or other non-compliance, unless otherwise provided by mandatory law. In addition, the Company shall not be liable for any of the following damages in any case, whether or not such damages are foreseen or foreseen as to the likelihood of such damages occurring.
(1) Any and all economic losses due to lost profits or indirect damages (including loss of data, suspension of business, etc.), special damages, incidental damages, punitive damages, consequential damages or incidental circumstances.
(2) Damages to the user based on a claim for damages from a third party
(3) Damage to intangible objects such as data and programs.
(4) Damage caused by acts of God, acts of God, other disasters, disturbances, or other force majeure
2. In the event the Subcontractor of the JBAT(JBAT and the Software Rights Holder under the preceding clause are liable for damages, the total amount of such damages shall be limited to the amount equivalent to one (1) month's JBAT prescribed fee for the provision of ATTAZoo G for Zoom directly causing the damages.
3. The preceding two paragraphs shall not apply in cases where the occurrence of damage is caused by the willful act or gross negligence of the JBAT (which means a breach of extremely serious duty of care that can be regarded as almost unintentional act), and in such cases, only the provisions of laws and regulations shall apply.
4. Regardless of the provisions of the preceding three paragraphs, in cases where the JBAT should provide ATTAZoo G for Zoom, if it did not provide it due to the reason attributable to the JBAT, only if the condition continues for more than 24 hours starting from the time when the JBAT learned that the ATTAZoo G for Zoom was completely unavailable, the company shall pay one-thirty-fifth of the JBAT predetermined monthly fee equivalent per day as a schedule of compensation for damages in response to a request from the user through the seller. However, in the event of a discontinuation of ATTAZoo G for Zoom provision resulting from a service provider or a third party other than JBAT, the terms and conditions stipulate a special burden by the service provider or a third party, which shall be limited to paying the user from JBAT through the seller within the amount that JBAT could have received payment from the service provider or third party. All of the above are JBAT's liability for damages including warranties or compensation for the "facts that the ATTAZoo G for Zoom was not provided" itself.
5. The user shall not be entitled to claim direct compensation from the JBAT subcontractor or the software right holder for damages incurred by the user arising from the performance or failure to provide the ATTAZoo G for Zoom. No direct claim for compensation shall be made.
Article 24 (Amendment and Abolition of ATTAZoo G for Zoom)
1. For purposes such as improving the ATTAZoo G for Zoom, the JBAT will be able to add, change or abolish the content of the ATTAZoo G for Zoom at its own discretion.
2. When changing the terms and conditions for providing ATTAZoo G for Zoom, the JBAT shall, in principle, post the revised contents on the JBAT's website for customers or send an e-mail, etc. to the seller or the user's administrator. Unless otherwise specified, the user shall be deemed to have agreed to the change by continuing to use the ATTAZoo G for Zoom even after the date of publication or notification.
3. Notwithstanding any other provisions of this Agreement, in the event the JBAT notifies, advertises, or otherwise publicizes the discontinuation of the provision of ATTAZoo G for Zoom within three months prior notice, the provision of ATTAZoo G for Zoom shall be terminated upon the expiration of such prior notice. In such event, the JBAT shall reimburse the payer to the JBAT in accordance with the JBAT's prescribed standards for the amount equivalent to the fee for the outstanding period if there are any fees already received.
Article 25 (Special remarks)
1. ATTAZoo G for Zoom uses the following cloud infrastructure as a public cloud: In the event such change is made, prior notice or advertisement shall be given in writing or on the Web (including site URLs to be separately specified) or otherwise. Name: Amazon Web Services Cloud service providers: Amazon Web Services, Inc. Terms of Use: https://aws.amazon.com/jp/legal/ "Legal Affairs" (*as of July 1, 2019) Capacity Limit: Amount of Data Transferred 100GB/ Month
2. The ATTAZoo G for Zoom includes the following programs for which JBAT does not have any copyright or license rights: Copyright of these programs shall be handled in accordance with the terms and conditions of use prescribed by the applicable program. In addition, the warranty of failure or infringement of rights caused by such program, warranty of non-compliance with the contract, or response to a dispute, etc. shall be limited to the extent of the said contract or the conditions of use. ・fluentd ・Kibana ・Elasticsearch ・Docker CE ・Redis ・Node-RED ・emqttd ・Nginx
3. Trademark right
(1) fluentd is a registered trademark of Treasury Data Corporation.
(2) Kibana is a registered trademark or trademark of Elasticsearch BV in the United States and elsewhere.
(3) Elasticsearch is a registered trademark or trademark of Elasticsearch BV in the United States and elsewhere.
(4)Docker and Docker logo are trademarks or registered trademarks of Docker, Inc. in the United States and/or other countries. Docker, Inc. and other parties may also have trademark rights in other terms used herein.
(5) The Nginx is Nginx Software Inc. And its subsidiaries and affiliates are registered trademarks in the United States and other countries.
Article 26 (Other)
1. The user shall bear the burden of safety control measures for users or third parties that are processed through the use of the ATTAZoo G for Zoom or are related to the ATTAZoo G for Zoom, including the cases set forth in Clause 4 of Article 6 (Terms of Use).
2. The User agrees that JBAT and other software rights holders shall have the right to exercise the terms and conditions of this Agreement directly as legitimate third party beneficiaries under this Agreement and to directly enforce the obligations set forth in this Agreement against the User.
3. The User may not assign, transfer, sub-provide, or pledge the rights or obligations to be acquired under this Agreement to a third party without the prior written consent of the JBAT.
4. JBAT may re-consign the fulfillment of its obligations under these Terms to the other subsidiary or affiliated company of JBCC Holdings Inc. or JBCC Holdings Inc., the parent company of JBAT, as well as other third parties. In this case, the act of the re-consignee shall be regarded as the act of the JBAT.
5. Except in the event of a breach of any mandatory law, any claim under this Agreement shall be extinguished by prescription upon the lapse of twenty-four months from the time when such claim became possible.
Article 27 (Agreed Jurisdiction)
The Tokyo Summary Court or the Tokyo District Court shall be the exclusive jurisdictional court of the first instance in the event of the necessity of litigation in connection with this Agreement.
Article 28 (Consultation)
In the event the validity of this Agreement or the scope of its application is unknown, or in the event of any doubt regarding any matter not stipulated herein or the interpretation of this Agreement, the user, the seller, or the JBAT shall agree to interpret this Agreement in a reasonable manner in accordance with the spirit of each provision and shall seek amicable settlement after due consultation in accordance with the doctrine of good faith and fair dealing.