Article 1　Objective

These terms of use (hereinafter referred to as “these Terms”) stipulate matters to be observed by every user (hereinafter referred to as “Users”) when using the evaluation version of Yubizo Engine (hereinafter referred to as “the Evaluation Version”) along with its various associated services, all of which have been developed and are provided by i³ Systems, Inc. (hereinafter referred to as “the Company”). Users shall be required to agree to and observe these Terms in order to use the Evaluation Version. Furthermore, Users shall be deemed as having agreed to be subject to the constraint of the respective articles of these Terms should they use the Evaluation Version (including but not limited to saving it as a file or downloading it on a computer).

Article 2　Definitions

The following are definitions for the lexicon found in these Terms.

1. The Evaluation Version of Yubizo Engine

A version of Yubizo Engine with limited functionality licensed to Users by the Company in accordance with these Terms for the purpose of functional/performance evaluation.

2. Yubizo Engine

Library software for the development of applications geared towards iPhone OS.

Article 3　Grant of License

1. Users who have completed the Company’s routine procedure shall be granted the non-exclusive license for the Evaluation Version free of charge for the duration of a term stipulated by the Company. Users shall acknowledge in advance that the Evaluation Version of Yubizo Engine has limited functionality.

2. Global (including Japanese) patent rights, utility model rights, trademark rights, design rights (including the right to obtain the design registration), and copyrights (including all of the rights specified in Articles 21 through 28 of the Japanese Copyright Act), as well as all Intellectual Property (IP) rights relating to the Evaluation Version and Yubizo Engine shall belong to the Company. Excluding the rights granted to them within these Terms, Users may not license or assign IP rights.

3. In the event that the licensing term specified by the Company ends, or at the request of the Company for any reason whatsoever, Users shall immediately terminate their use of the Evaluation Version, erase the Evaluation Version and any downloaded file copies, and take any and all other measures that the Company requests.

4. Based on the use of the Evaluation Version and Yubizo Engine, inventions, etc. relating to these software shall belong to the Company (traditionally, attribution of inventions, etc. is determined since the inventor is either the user or the Company; however, since the technology capable of being developed under this license is ambiguous, the Company has provisionally included this clause).

Article 4　Disclaimer of Warranty

The Company shall bear no responsibility whatsoever for either: the Evaluation Version, including its warranties against defects and non-infringement of IP rights; or, damages or infringements upon IP, etc. (including damages inflicted upon third parties by customers), whether direct or otherwise, resulting from the Users’ selection and use of the Evaluation Version, or use of manufactured applications.

Article 5　Limitations

1. Users shall not be permitted to (and agree not to, nor allow others to) copy (except when absolutely necessary for performing a functional/performance evaluation of Yubizo Engine), decompile, reverse engineer, disassemble, attempt to derive source code, encrypt, modify, or create derivative works of part or all of the Evaluation Version (except when any foregoing restriction is prohibited by applicable law).

2. Users may not use the Evaluation Version for any purpose whatsoever but the functional/performance evaluation of Yubizo Engine, nor may they lease, lend, sell, redistribute, or sublicense the Evaluation Version to third parties.

3. Users agree to observe all laws applicable to them when using the Evaluation Version.

4. The Company may request that Users report the conditions under which the Evaluation Version is being used, and (should the Company so desire, and with prior notification of Users) shall be permitted to enter the Users office[s] and survey said conditions.

Article 6　Use of Personal Information

The Company shall be permitted to use Users’ personal information for the purposes of: completing agreements or providing services related to Yubizo Engine and other services offered by the Company; performing various communications in order to provide said services; and conducting in-house research/development of Yubizo Engine and other services offered by the Company.

Article 7　Trademarks

1. Users shall acknowledge that the Company’s trademarks and emblems (hereinafter referred to as “Company Trademarks”) are the exclusive rights of the Company. Users shall not be permitted to use Company Trademarks without the Company’s prior consent.

2. Users shall not infringe upon Company Trademarks, nor take part in activities that undermine the credibility of said trademarks.

3. These Terms do not directly or implicitly authorize any licenses of Company Trademarks.

Article 8　Governing Law

These Terms be shall governed by and construed according to Japanese law.

Article 9　Jurisdiction

In the event of any dispute arising from these Terms, the Fukuoka District Court shall have primary exclusive jurisdiction.

Article 10　Miscellaneous

1. No direct or implicit understandings, representations, or warranties other than those specified in these Terms exist. Furthermore, the Company may modify these Terms when it deems it necessary to do so; the modified terms shall be applicable to Users immediately upon their modification.

2. The usage period for the Evaluation Version shall be 30 days from notification of use by the Company.

Supplementary Provisions　These Terms of Use shall be effective from April 28, 2010.

Enacted: April 28, 2010

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