Please read this software license agreement carefully before downloading or using the DigiBook computer program and printed materials (hereinafter referred to as the "Software").
Subject to the provisions of this Agreement, TriWorks Corporation grants to the individual, company, or legal body a license ("License") to use the present Software. The present Agreement is a legally enforceable Agreement that binds both parties to the terms originally agreed upon. By accepting the present Agreement, the customer agrees to be bound by these provisions. By clicking on the "ACCEPT", "YES", or indicator that signifies agreement, or by installing the present Software, the customer is consenting to be bound by this Agreement. If you do not agree to all of the terms of the present Agreement, click the "DO NOT ACCEPT", "NO", or indicator that signifies disagreement, or refrain from installing or using the present Software. By downloading or installing the present Software, the customer is agreeing to be bound by the terms of this Agreement.
The present Software is protected by copyright and other intellectual property laws and by international treaties. License granted by this Agreement does not give to the customer any rights on its contents. TriWorks Corporation grants a license to the customer for unrestricted use of the present Software which shall not be sold or distributed under any circumstances. Therefore, the customer shall assume and agree to the following provisions prior to use of the present Software.
1. License (Right of Use)
(i)TriWorks Corporation grants to the customer a nonexclusive and nontransferable license to use the present Software on provisions as required by the present Agreement. In accordance with the right of use, the customer is granted the license to install the present Software in a single location on a hard disk (Workstation, server, terminal, and other electronic devices, hereinafter referred to as "Computer") and to use it.
(i)The customer shall not share the present Software between computers in different locations, nor shall the customer install the present Software on a Computer that is connected to the network.
(i)The customer shall not grant the license to a third party (including sublicense), assign, or transfer the right of use subject to the present Agreement. In addition, except as expressly authorized by the company, the customer shall not modify the Software, reverse compile or reverse assemble all or any portion of the Software.
(i)Customer may make one (1) archival copy of the present Software for backup purposes or make a copy of the present Software on the hard disk and store the original for backup purposes.
(i)The customer shall not delete or modify copyright notices contained in the present Software. In the event of duplication of the present Sofware, the customer shall affix to such copy all of TriWorks' copyright, confidentiality, and proprietary notices that appear on the original.
2. Assignment and Rental of the Present Software
The customer shall not assign, lend, rent, or lease the present Software regardless of whether or not compensation is received.
3. Expiry of the present Agreement (Expiry of the License)
The present Agreement is effective until the customer stops using the present Software. In the event that the customer infringes any of the provisions of the present Agreement, or that the customer violates the copyrights or any other intellectual property rights of the present Software, TriWorks reserves the right to terminate the present Agreement without prejudice to other rights. Upon termination, the customer must destroy the present Software and all copies of the Software.
4. Disclaimer
In no event will TriWorks be liable such as reimbursement for any lost revenue, profit, or data for special, indirect, consequential, incidental, or punitive damages however caused and regardless of the theory of liability arising out of the use of or inability to use the present Software even if TriWorks Corporation has been advised of the possibility of such damages.
5. Applicable Law and Disputes
The Japanese law shall govern all aspects related to the present site. In the event that a dispute arises regarding sales of the products, services, and other matters related to the operation of the present site, the exclusive jurisdictional court of first instance shall be one of either Tokyo Regional Court.
