Software License Agreement

Please read this before using the Software.
Secom Trust Systems Co., Ltd. (hereinafter referred to as “STS”) will license a customer (hereinafter referred to as “Customer”) to use the software mentioned below, including any modification thereof (hereinafter referred to as the "Software”) only upon the Customer’s acceptance of these license agreement (hereinafter referred to as the "Agreement"). Customer shall be deemed to have accepted the Agreement when Customer start to use the Software (including, but not limited to, downloading, installing and any other act) even if Customer do not specifically indicate such acceptance. Please be sure to read the Agreement before using the Software. Customer may not use the Software without accepting the Agreement. In connection with interpretation hereof, in the event of any discrepancy between the Japanese version and the English version, the Japanese version shall prevail.
Any software developed or created by a third party shall be subject to the license agreement established by said third party. Please be advised to consult the instruction manual, etc. for further information.

Name of the licensed software: "SECOM Safety Confirmation Service: Safety Report Application"

Article 1 (License, etc.)

1. STS shall grant Customer a non-exclusive license to use the Software subject to Customer’s acceptance of and compliance with the provisions of the Agreement.
2. Copyright and any other intellectual property rights in the Software shall be retained by STS or the relevant third party. STS shall not transfer any of such rights to Customer.

Article 2 (Scope of Use)

1. Customer shall be allowed to use the Software only in such a manner and only for such a purpose as is specified in the instruction manual (including documentation accompanying the Software; hereinafter referred to as the "Manuals")
2. Customer shall download and install the Software into a smartphone of Customer at your own expense and responsibility, and communication fees and other expenses required for downloading, installing and otherwise using the Software shall be borne by Customer.

Article 3 (Prohibited acts)

Unless specifically permitted herein, Customer shall not:

Article 4 (Entrustment to third parties)

STS may, at its own responsibility, entrust all or part of tasks necessary for provision of the Software to a third party. In such a case, STS shall ensure that the relevant third party will assume the similar obligations to those assumed by STS under the Agreement in connection with Customer, and shall be responsible to Customer for any act of said third party.

Article 5 (Handling of Customer’s information)

1. Customer’s information collected by the Software shall be used only for the purposes mentioned below.
   
   (1)Customer’s information shall be used to contact the Customer as required in connection with provision of the SECOM Safety Confirmation Service and the Software.
   (2)The information shall be handled within the scope of provision of the SECOM Safety Confirmation Service and the Software, and shall not be supplied to any third party without Customer’s consent except for the cases specified in the SECOM Privacy Policy. Please be advised to refer to the following link for the Protection Policy.
   （https://www.secomtrust.net/privacy/）
2. Customer’s information collected by the Software shall be as follows:
   (1)Information collected automatically by the Software:
   * Device Information (Language setting, model, OS version, device ID)
   (2)Information registered by Customer
   * Login information (corporate code, user ID, password, forgot password question and answer)
   * Location information (to be used for reporting the location information at the time of safety reports)
   * Contents of safety reports
   * Customer information (email address, telephone number, residence<prefecture>,
   workplace<prefecture>)
     ** According to the content of the original contract defined in Article 12, the necessity of registering each item described in the customer information above varies. Therefore, according to the content of the original contract, some of the above items may not be acquired by the software (displayed as items that can be registered by the customer).
3. Customer may operate the Software to suspend collection of, or delete the Customer’s information within the scope specified below.
   (1)Customer may, within the Software, delete the user authentication information registered by Customer with the Software with the use of the logout function of the Software; provided, however, that the terminal information, location information and safety information already transmitted to the server of the SECOM Safety Confirmation Service may not be deleted.
   (2)Collection of Customer’s location information shall be ceased if Customer refuses to consent to information provision during the dialog for confirming use of Customer’s location information, or if Customer cuts off the location information function of Customer’s smartphone terminal.
4. STS may entrust the task of transmitting push notifications to Customer’s smartphone terminal to outside contractors, and provide Customer’s information collected by the Software to said outside contractors within the scope necessary for the transmission of push notifications.

Article 6 (Coverage)

1. STS shall be obliged to provide the Software with Customer on an as-is basis, and shall not warrant anything concerning the quality, including freedom from defects.
2. STS shall make any warranty, either implicit or explicit, as to the performance, results of use, or suitability for a particular purpose of the Software.

Article 7 (Modification of the Agreement and the Software)

1. STS shall inform in advance in case of changes in the content of this Agreement due to the revision of laws and regulations, improvement of service contents, and other reasons and may may modify any content of this Agreement without Customer’s consent within reasonable extent. Furthermore, STS may modify any content of the Software without Customer’s consent. STS shall not be held liable in any way for if these measures cause any damages or disadvantages to Customers.
2. Any modification of the Agreement shall be published on this website, and shall be effective as soon as Customer has access to the published information on the website.

Article 8 (Temporary interruption or suspension of use of the Software)

1. STS may interrupt the provision of the Software without any prior notice to Customer or Customer’s prior consent if such interruption is unavoidable due to the emergency in any of the following circumstances:
   (1)When the Software is upgraded; or
   (2)When maintenance work is performed due to failure of equipment necessary for provision of the Software; or
   (3)When interruption is unavoidable for technical reasons; or
   (4)When the continued provision of the Software is difficult because the Software fails to operate properly; or
   (5)When the Software cannot be provided due to force majeure, including natural disasters.
2. STS may terminate provision of all or part of the Software without requiring any prior notice or warning to Customer when STS determines that Customer falls under any provision of the Article 3 (Prohibited acts) or Paragraph 1 of Article 11 (Termination).

Article 9 (End of provision of the Software)

1. STS may end provision of the Software. In such a case STS shall assume no responsibility whatsoever to Customer.
2. In the case mentioned in the preceding paragraph, STS shall notify Customer by a method deemed appropriate by STS, including announcement on this website.

Article 10 (Disclaimer)

1. STS shall not be responsible for any damage, either ordinary damage or special damage, caused directly or indirectly to Customer or any third party in connection with use of or inability to use the Software (including, but not limited to, damage and defects of hardware or software) unless such damage is attributable to any willful misconduct or gross negligence of STS. Furthermore, STS shall not make any compensation for alteration or loss of Customer’s own data caused by defects of the Software.
2. STS shall not make any compensation for any defect or failure caused by modification by Customer. STS shall not be responsible for any damage caused to Customer by such modification.

Article 11 (Termination)

1. The Agreement shall be terminated in the following cases:
   
   (1) If Customer do not wish the Agreement to be renewed; or
   (2) If Customer violate any of the provisions hereof.
2. Customer shall cease to use the Software upon termination of the Agreement. Customer shall promptly destroy the Software, and any reproduction and instruction manual thereof at your own expense or return them to STS. Customer shall observe instructions given by STS, if any.

Article 12 (Special provisions concerning individual contracts)

1. In cases where the Software is supplied to Customer who is the user of the individual contract under E-Innovation Service Contracts (hereinafter referred to as the "individual contract ") provided by SECOM such as the SECOM Safety Confirmation Service between Customer's organization and SECOM (including subsidiaries and affiliates; hereinafter the same in this paragraph), if any provision hereof conflicts with that of the individual contract, the provision of the individual contract shall prevail.
2. In the cases mentioned in the preceding paragraph, when the individual contract is terminated, the Agreement shall be terminated as well.

Article 13 (Export control)

When taking the Software out of Japan, Customer shall comply with the applicable domestic and overseas laws related to export control.

Article 14 (Governing law)

Execution, effect, performance and interpretation of the Agreement shall be governed by the laws of Japan.

Article 15 (Jurisdiction on agreement)

Both parties hereto hereby consent to the exclusive jurisdiction of the Tokyo District Court of Japan with respect to any lawsuit between both parties.

Article 16 (Consultation, etc.)

Any matter not stipulated herein or any question as to provisions hereof shall be resolved by both parties through mutual consultation in good faith.

* Contact Information

SECOM Trust Systems Co., Ltd.
1-5-1 Jingumae, Shibuya-ku, Tokyo

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