EMRTReporting Add-up Tool

1. (1) By using the Licensed Program lawfully and within the scope of the purposes of the Licensed Program, the User shall have the right to use the Licensed Program on the User’s computer. (As used in this Agreement “use” shall include displaying the Licensed Program, using it in accordance with the manual, making copies, and public transmission.)
2. (2) Except as set forth in Paragraph (1) above, no intellectual property rights, express or implied, of JEITA or any other person or entity are transferred or licensed to the User by this Agreement.

The User shall not modify, change, translate, adapt, reverse compile, disassemble, reverse engineer or the like all or a part of the Licensed Program, or cause or allow a third party to perform such acts.

JEITA shall not provide support for the Licensed Program to the User. JEITA assumes no obligation or responsibility whatsoever regarding maintenance of the Licensed Program, support for the use of the Licensed Program by the User, updates of the Licensed Program, bug fixes or other improvements to the Licensed Program.

1. (1) THE USER ACKNOWLEDGES THAT THE LICENSED PROGRAM IS PROVIDED BY JEITA FREE OF CHARGE FOR THE USER’S CONVENIENCE AND THAT THE USER SHALL USE IT VOLUNTARILY AND AT THE USER’S OWN RISK.
2. (2) THE LICENSED PROGRAM IS LICENSED TO THE USER ON AN “AS IS” BASIS. FURTHER, THE USER SHALL USE THE CURRENT VERSION OF THE LICENSED PROGRAM PROVIDED BY JEITA.
3. (3) JEITA MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, OF ANY NATURE ARISING FROM TRADE OR CUSTOM AS TO, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES, AVAILABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF OTHERS, QUALITY, TITLE, AND MERCHANTABILITY, FITNESS FOR PURPOSE, COMPLETENESS AND ACCURACY (INCLUDING ACCURACY OF AGGREGATED RESULTS).
4. (4) JEITA SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE NON-WARRANTIES PROVIDED IN THE PRECEDING PARAGRAPH, INCLUDING WITHOUT LIMITATION AS TO THE FOLLOWING MATTERS, MATTERS AFFECTING THE USER, THE USER’S CUSTOMERS AND SO ON, INCLUDING ANY OTHER DEFECTS. IN ADDITION, JEITA SHALL NOT BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY REGARDING THE LICENSED PROGRAM, REGARDLESS OF THE LEGAL CAUSE OF THE CLAIM.
   1. (A) INABILITY TO USE THE LICENSED PROGRAM, MALFUNCTIONS, 　ERRORS IN AGGREGATED DATA, BUSINESS DISADVANTAGES OR DELAYS IN PERFORMANCE BASED ON THESE THINGS;
   2. (B) BUGS, VIRUS INFECTIONS, CONTAMINATION OF VIRUSES;
   3. (C) LACK OF ALIGNMENT WITH PC, OS AND EXCEL AND OTHER APPLICABLE SOFTWARE THAT RUN THE LICENSED PROGRAM;
   4. (D) PROBLEMS IN IMPORTING DATA (EMRT) DUE TO USE OF AN OLD VERSION;
   5. (E) PROBLEMS CAUSED IN RELATION TO THE SURVEY FORM SUCH AS INPUT ERRORS IN THE SURVEY FORM ITSELF AS TO THE SUBJECT MATTER TO BE AGGREGATED, AND DATA INPUT THAT CANNOT BE READ;
   6. (F) INCOMPLETE MANUAL;
   7. (G) DEFECTS CAUSED BY MODIFICATION OF THE LICENSED PROGRAM;
   8. (H) INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS OF THIRD PARTIES;
   9. (I) DESTRUCTION OF HANDLING DATA;
   10. (J) OCCURRENCE OF MALFUNCTION OF, OR TROUBLE WITH, THE COMPUTER RUNNING THE LICENSED PROGRAM;
   11. (K) LOSS OF BUSINESS OPPORTUNITIES OR OTHER DAMAGES RESULTING FROM ANY OF THE ABOVE.
5. (5) JEITA, ITS OFFICERS AND EMPLOYEES AND ITS MEMBERS SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING DIRECT DAMAGES, INDIRECT DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, LOST PROFITS OR OTHER DERIVATIVE OR INCIDENTAL DAMAGES) ARISING FROM THE USE OR INABILITY TO USE THE LICENSED PROGRAM.
6. (6) JEITA shall have the right to terminate this Agreement by blocking access to all or a part of the Licensed Program without the User’s prior consent. If the User is notified of the termination of this Agreement by JEITA or becomes aware of its termination, the User shall promptly destroy or delete the Licensed Program (including copies of the Licensed Program).

1. (1) This Agreement will come into effect when the User downloads the Licensed Program, and will remain in effect until terminated in accordance with Article 4 Paragraph (6) or the following Paragraphs (2) or (3).
2. (2) The User may at any time and voluntarily terminate this Agreement.
3. (3) This Agreement will terminate immediately if the User breaches any provision of this Agreement.
4. (4) In the event that this Agreement is terminated by reason of Paragraphs (2) or (3) above, the User shall promptly destroy or delete all of the Licensed Program, including duplicates.
5. (5) The provisions of Article 1 (2), Articles 2 through 4, this Article 5 Paragraphs (4) and (5) and Articles 6 through 8 shall remain in effect even after the termination of this Agreement.

If any provision or part of this Agreement is determined by law to be invalid, the remaining provisions shall remain in full force and effect.

Matters related to this Agreement shall be governed by the laws of Japan.

In the event of any dispute regarding this Agreement the Tokyo District Court shall be the exclusive agreed-upon jurisdictional court of first instance.