Before using the following software and related software (hereinafter referred to as "Software"), please read the following
documentation carefully.
Xiino 3.4E
Software and incorporated software in Software are protected by the Copyright Law, other intellectual property laws and
international treaties. MOBIRUS™ Inc. (hereinafter referred to as "MOBIRUS") holds and owns the copyright and the right to
license Software. Software includes third party's (hereinafter referred to as "Vendor") software that MOBIRUS has
legitimately been granted a license to use.
The Software is licensed, not sold to you as long as you comply with the terms and conditions set forth in this Agreement.
Please note that you are not permitted to use Software if you don't agree to any and all provisions of this Agreement.
1. GRANT OF LICENSE
MOBIRUS grants the right to use Software, in accordance to the provisions under this Agreement, to the first user who
installs Software on a Personal Digital Assistant (hereinafter referred to as "PDA") or to the first user of the PDA on which
Software is pre-installed.
2. RESTRICTIONS
2.1
You may install and use Software on only one PDA for ordinary use and in the form of object code.
2.2
You shall not make copies of Software in either electronic or hardware form except for initial installation on PDA, loading
into temporary memory or peripheral devices for ordinary use, or making backup copies. You shall not install on two or more
PDAs at the same time.
2.3
You shall not modify, translate or merge Software, analyze it by reverse engineering, decompile, disassemble, or create
derivative works in any form or by any means from the object code of Software.
2.4
This license Agreement does not permit the use of MOBIRUS's trademark or service mark; therefore you may not remove, change or
obscure MOBIRUS's indication or notice of copyright, trademark, or other proprietary rights.
3. OTHER RIGHTS GRANTED
You are not granted any patent, copyright, trademark, or other proprietary rights in whole or in part that MOBIRUS owns on
Software, and shall not lease, transfer, distribute (including transmission through the Internet or other networks, and also
recording on the servers connected to the networks to make such transmission possible), or sublicense Software to a third party.
4. TRANSFER OF LICENSE
4.1
You may transfer the right to use Software to a third party by assigning any and all rights and obligations under this
Agreement and 1) transferring in whole all types of medium, all copies in any form and documentations, or 2) transferring them
in part and completely destroying whatever was not transferred whether tangible or electrical. However, you agree and certify
that Software will not be exported except as authorized and as permitted by the laws and regulations of the United States and
other country in which you obtained Software and to which you intend to export and/or import the Software. The same rule shall
apply to the next third party who is in line to receive the transferred right.
4.2
In no way shall the copyright notice be changed or removed from Software and documentation be transferred.
4.3
If any condition in this Article is not fulfilled, the transfer of the right shall not be in effect.
5. TERM OF LICENSE
Your first use of any part of Software shall be regarded as your acceptance of the terms and conditions under this Agreement
and shall validate it at the same time.
6. YOUR PERSONAL DATA
You shall confirm and agree that MOBIRUS may access to your personal data you have provided and registered to the Web site
from which you have downloaded the Software (hereinafter referred to as "Web site") to the extent of being necessary for
MOBIRUS to provide you some kinds of services related to the Software. Web site may disclose such information to MOBIRUS and
MOBIRUS may register it as its "Customer Information". Based on registered Customer Information, MOBIRUS may provide you
support service and/or any other services specified by MOBIRUS. You may request to confirm, revise or delete your personal
data registered to MOBIRUS, subject to proving your identification.
7. LIMITED WARRANTY ON PAID-UP SOFTWARE
MOBIRUS's warranty and liability on the Software you have paid up for shall be as follows:
7.1
MOBIRUS warrants that for a period of ninety (90) days from the date of delivery of the licensed Software, it will replace or
repair within its discretion, the media and related documentations provided by MOBIRUS , if there are any defects on them.
THESE WARRANTIES REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7.2
THIS SOFTWARE DOES NOT HOLD DURABILITY AGAINST PHYSICAL INCIDENTS OR MECHANICAL FAILURE AND IS NOT INTENDED FOR USE IN HIGHLY
STABLE AND SECURE ENVIRONMENTS. MOBIRUS OR VENDOR DOES NOT WARRANT THAT; SOFTWARE WILL MEET EACH USER'S REQUIREMENTS; SOFTWARE
INSTALLED ON PDA WILL WORK COMPLETELY WITH OTHER INSTALLED SOFTWARE ON SUCH PDA; OPERATION OF SOFTWARE WILL BE UNINTERRUPTED;
DURING CONNECTION WITH THE INTERNET OR OTHER NETWORKS, SOFTWARE WILL BE ERROR-FREE AND WILL NOT DAMAGE HARDWARE, SOFTWARE, AND
DATA CONNECTED WITH SUCH NETWORKS; OR SOFTWARE WILL NOT EFFECT YOUR OR THIRD PARTY'S ELECTRONIC INFORMATION IN ANY WAY.
7.3
IN NO EVENT SHALL MOBIRUS NOR VENDOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION/DATA, OR ANY
OTHER PECUNIARY LOSS ARISING OUT OF THE DISTRIBUTION, INSTALLATION, MAINTENANCE, USE OR INABILITY TO USE INCLUDING THE
INTERRUPTION OF SOFTWARE IMPLEMENTATION RELATED TO THIS AGREEMENT. IN NO EVENT SHALL MOBIRUS'S NOR VENDOR'S TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT OF LICENSE FEE
PAID BY YOU FOR THE SOFTWARE, PROVIDED THAT SUCH LIMITATION OF LIABILITY MAY NOT APPLY TO YOU IF THE DAMAGES, LOSSES OR CAUSES
OF ACTION WHICH ARE CAUSED BY INTENTIONAL ACT OR GROSS NEGLIGENCE OF MOBIRUS OR VENDOR.
7.4
MOBIRUS or Web site may provide you some additional free services including information transmission service through MOBIRUS
the server managed by MOBIRUS or Web site. IN THIS CASE, MOBIRUS AND/OR WEB SITE SHALL NOT WARRANT ANYTHING RELATED TO SUCH
SERVICES AND SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OR LOSS OF PROFITS, CAUSED BY
OR RELATED TO THE SERVICES, PROVIDED THAT THE DAMAGES OR LOSSES ARE NOT CAUSED BY INTENTIONAL ACT OR GROSS NEGLIGENCE OF
MOBIRUS OR WEB SITE.
8. LIMITED WARRANTY DURING TRIAL USE TERM
MOBIRUS's warranty and liability during the trial use term of the Software shall be as follows:
8.1
User support by MOBIRUS shall not be available.
8.2
MOBIRUS SHALL NOT WARRANT ANYTHING RELATED TO THE SOFTWARE, WHETHER EXPRESS OR IMPLIED.
8.3
IN NO EVENT SHALL MOBIRUS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OR DAMAGES FOR LOSS OF
BUSINESS PROFITS ARISING OUT OF THE DISTRIBUTION, INSTALLATION, MAINTENANCE, USE OR INABILITY TO USE INCLUDING INTERRUPTION OF
SOFTWARE IMPLEMENTATION OR RELATED TO THIS AGREEMENT, PROVIDED THAT THE DAMAGES OR LOSSES ARE NOT CAUSED BY INTENTIONAL ACT OR
GROSS NEGLIGENCE OF MOBIRUS.
8.4
MOBIRUS or Web site may provide you some additional free services including information transmission service through the
MOBIRUS server managed by MOBIRUS or WEB Site. IN THIS CASE, MOBIRUS AND/OR WEB SITE SHALL NOT WARRANT ANYTHING RELATED TO
SUCH SERVICES AND SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OR LOSS OF BUSINESS
PROFIT CAUSED BY OR RELATED TO THE SERVICES, PROVIDED THAT THE DAMAGES OR LOSSES ARE NOT CAUSED BY INTENTIONAL ACT OR GROSS
NEGLIGENCE OF MOBIRUS OR WEB SITE.
9. TERMINATION OF LICENSE
9.1
This Agreement and your rights hereunder shall automatically terminate if and when you 1) fail to comply with any provision of
this Agreement, 2) transfer the right to use Software to a third party according to this Agreement, or 3) destroy Software and
all its copies and related documentation.
Upon termination, you shall cease any and all use of Software and destroy all copies including written documentation and
modified copies, if any.
9.2
MOBIRUS may provide you free upgrade version of the Software (miner change version having the same integer version number as
the original version) subject to your registration to MOBIRUS. In this case your license on the old version of the Software
will terminate at the time when you agree END USER LICENSE AGREEMENT for upgrade version by way of acquiring and commencing the
use of it. After that you shall not use or transfer the old version and you shall destroy any and all old version and its
manual.
10. RIGHTS AGAINST INFRINGEMENT
In the event you are reasonably assumed to have infringed any provision under this Agreement, MOBIRUS shall reserve the right
to 1) make an on-site-search of the premises, where you are reasonably assumed to hold any media or copies of Software, to find
any facts related to the infringement, and 2) browse, make copies and/or take photos of the related materials.
On finding the fact of your infringement, MOBIRUS shall have the right to prohibit your use of Software and claim the
indemnity for any direct or indirect damages incurred by the infringement.
MOBIRUS shall not be liable for any property or psychological damages to you resulting from the search, even if your
infringement is not found.
11. GOVERNING LAW AND PRIMARY COURT
This Agreement shall be governed and construed in accordance with Japanese laws. MOBIRUS and you submit to the non-exclusive
jurisdiction of the Tokyo District Court in Japan with respect to all dispute arising from the interpretation and performance
of this Agreement, wherever the parties' venues or places of disputes are located and regardless to the amount in dispute.
Each party hereby agrees to waive its right to demand a jury trial for any cause of action.
12. AMENDMENT
MOBIRUS may notify you the amendment of this Agreement by sending E-mail or any other appropriate means. In such case, the
offered amendment shall be regarded as accepted by you unless you make any objection in writing no later than fourteen (14)
days after receipt of MOBIRUS's notification.
13. SERVERABILITY
Should any provision of this Agreement be or become illegal, invalid or unenforceable, the legality, validity, and
enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
14. ENTIRE AGREEMENT
This Agreement is the entire Agreement to date between you and MOBIRUS, and supersedes any such prior written or oral
agreement regarding Software.
15 US GOVERNMENT RESTRICTED RIGHTS
If Software is acquired under the terms of a proposal or agreement with the United States Government or any contractor
thereof, Software is subject to the following: (a) For acquisition by or on behalf of civilian agencies, as necessary to obtain
protection as "commercial computer software" and related documentation in accordance with the terms of this Commercial Software
Agreement as specified in 48 C.F.R. 12.212 of the Federal Acquisition Regulations and its successors; (b) For acquisition by or
on behalf of units of the Department of Defense ("DOD") as necessary to obtain protection as "commercial computer software" and
related documentation in accordance with the terms of this commercial computer software license as specified
in 48 C.F.R. 227-7202-2 of the DOD F.A.R. Supplement and its successors.
----------------------------------------------------------------------------------------------------------
Palm™ is a registered trademark of Palm Inc.
