IMPORTANT - PLEASE READ CAREFULLY

By using this CosmoSia software product, which is created by ACCESS CO.,LTD, You (individuals and/or legal entities, which are regulated by laws of each country) agree to the terms and conditions of this CosmoSia Software License Agreement (as defined below), with ACCESS CO., LTD. (“ACCESS”). If You do not agree to all the provisions of this CosmoSia Software License Agreement, You can NOT use CosmoSia.

CosmoSia Software License Agreement (“This Agreement”)

1. Rights to CosmoSia

CosmoSia (“This Software”) contains intellectual property rights as trademark, copyright, which are defined by laws and/or international treaties. The title, interests, intellectual property rights and all other rights pertaining to This Software belong to ACCESS and/or its licensors.

2. License

Subject to the Terms and conditions of This Agreement, until the termination of This Agreement as defined in Section 10, ACCESS gives You rights to use This Software, which are non-exclusive, non-transferable and limited following licenses, with personal and non-commercial use ONLY (which means that You can not any other dealings with using This Software), such as; (1) To download and install This Software on ONLY ONE device owned or used by You; and (2) To use This software ONLY ON the device which is written by above Section 2 (1).

3. Prohibitions

You shall NOT perform any act, and/or other conduct except for permitted conducts in Section 2 when You use This Software in accordance with Section 2. The prohibited acts and conducts are included but not limited to the followings;
(1) Selling, sub-licensing, lending, renting, leasing or otherwise distributing This Software to any third parties, which are any third parties excepting You and ACCESS (collectively, “Third Parties”); or
(2) Copying This Software for any purposes except for the one permitted acts in Section 2; or
(3) Amending, adapting, modifying, reverse engineering, decompiling or disassembling This Software; or
(4) Creating derivative works of This Software; or
(5) Deleting, obscuring or modifying the notices on copyright or other intellectual property rights and other matters given by respective rightful owners and/or licensors mentioned in This Software (the “Notices”); or
(6) Adding any notice that may cause confusion on the Notices on This Software.

4. Contents and Payment

You may be granted the limited licenses (“License(s)”) to use texts, images, videos, functions and/or other information, which title, interests, intellectual property rights and all other rights pertaining thereto belong to ACCESS and/or its licensors, upon payment by choice. The terms and conditions of This Agreement shall apply to License(s). In consideration of License(s), You shall pay to ACCESS applicable License fees through a payment service (“Payment Service”), which is provided or designated by the store You downloaded This Software, in accordance with the terms and conditions and/or other guidelines of Payment Service. You shall agree and acknowledge that, except as set forth in such terms and conditions and/or guidelines, all payments due under This Agreement shall be non-refundable.

5. Rights of Third Parties

You can reach Websites and other services (collectively or individually, those services called This Service), which related to This Software, provided by ACCESS and/or other related companies to This Agreement. In addition, for using This Service, You need your acceptance of terms of condition, which will be necessary for using Internet access and additional services, separately. You shall also acknowledge that This Software may contain “open source software,” which permits You to copy, modify, redistribute and reach the source code of such open source component, including without limitation, software and/or library distributed under the terms and conditions of GNU GPL/LGPL. Each codes, and/or license terms and conditions of the “open source software” shall be applied to portions of the “open source software.” For your reference, the information related to This software is available at the explanatory page shown in This Software.

6. Advertisements

ACCESS may insert and display any Third Parties’ advertisements (“Advertisements”) and may change a manner, form, scope of the Advertisements upon ACCESS’ discretion. Transactions, activities and sales promotions through Advertisements are operated between You and such Third Parties. ACCESS shall not liable any damages upon such transactions, activities and sales promotions.

7. Personal Information and Privacy Policy

In order to provide You the function, to answer Your inquiry and/or to fix any bugs of This Software, ACCESS may collect and/or use Your personal information (“Personal Information”). ACCESS will deal with Your Personal Information in accordance with ACCESS’ privacy policy, which can be reached via URL below.
http://gl.access-company.com/info/legal/privacy/
In addition, for the purpose of optimization and improvement of This Software, through Google Analytics, ACCESS receives and uses statistical information, which is based on collection of Your mobile model, operation history or others (“Your Information”). “Google Analytics” is the service of Google Inc. provides statistical information based on end-users and Your information. Your Information will be sent to servers of Google Inc., and managed under the privacy policy of Google Inc. (http://www.google.com/analytics/terms/us.html). In order to analyze failures and/or errors, when This software terminates abnormally, This Software will send some information such as mobile model or other information relating such abnormal termination to Crashlytics. Those information will be managed in accordance with the privacy policy of Crashlytics (http://try.crashlytics.com/terms/).

8. Disclaimer of Warranties

YOU SHALL AGREE THAT ACCESS SHALL PROVIDE THIS SOFTWARE TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KINDS, WHETHER EXPRESS OR IMPLIED, MERCHANTABILITY, USABILITY, FITNESS FOR PARTICULAR PURPOSES, NON-INFRINGEMENT AND/OR OTHERS. USAGES OF THIS SOFTWARE SHALL BE PERFORMED AT YOUR OWN RISK AND BASED ON YOUR OWN JUDGMENTS AND RESPONSIBILITY.

9. Limitation of Liability

YOU SHALL AGREE THAT ACCESS SHALL NOT BE LIABLE ANY DAMAGES TO YOU AND/OR ANY THIRD PARTIES INCLUDING, WITHOUT LIMITATION, DAMAGES CAUSED BY USAGE, FAULT, FALSE, FUNCTION, QUALITY AND/OR OTHERS, EXCEPT TO THE DAMAGES OF ACCESS’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

10. Termination

You shall agree that ACCESS may terminate This Agreement when You are in breach of the terms and conditions of This Agreement or ACCESS decides to terminate This Agreement any time of at ACCESS’ discretion. When This Agreement is terminated, You shall stop using This Software and nullify and/or delete This Software and all copies of This Software for yourself.

11. Export Restrictions

This Software, including its technical data, shall be subject to export control laws of Japan, the European Union, and/or the United States, including the Japanese Foreign Exchange and Foreign Trade Law and the U.S. Export Administration Act and their associated regulations, and shall be subject to export or import regulations in other countries. You shall agree to comply with all such laws and regulations and acknowledge that You also have the responsibility to obtain licenses to export, re-export, and/or import This Software. This Software shall not be downloaded, installed or otherwise exported or re-exported (i) into, or to a national or resident of Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria, Afghanistan or any other countries to which Japan or the United States has embargoed; or (ii) to anyone on the Japanese “End user list” designated by Ministry of Economy, Trade and Industry of Japan; or (iii) to anyone on the lists specifically designated by the United States government for the purpose of export control, such as Specially Designated Nationals of U.S. Department of the Treasury or The Denied Persons List of the U.S. Department of Commerce, or by any other relevant governments.

12. Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Japan without regard to its choice of law rules. Any dispute arising out of or relating to the terms of This Agreement (“Disputes”) shall be brought exclusively in the Tokyo District Court, Tokyo in Japan.

*ACCESS, the ACCESS logo, CosmoSia and/or CosmoSia logo are trademarks or registered trademarks of ACCESS CO., LTD. in Japan and/or other countries.
* All copyright of this software/delivered goods belongs to ACCESS CO., LTD. However, if copyright is specified in the programs or documents, the right belongs to the rightful owners concerned.
© 2011-2015 ACCESS CO., LTD. All rights reserved.