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Agreement concerning SHIMA SEIKI Users' site Terms of Use
SHIMA SEIKI Users' Site
Terms of Use
Established April 1, 2011.
【Revised February 4, 2014】

Please read the following terms of use carefully, and use the "SHIMA SEIKI Users' Site" only upon agreeing with the terms herein.

In using any service involving samples or seminars, or any technical service with respect to the SHIMA SEIKI users' site (the "Users' Site") or anything incidental thereto (the "Services"), please accept in advance the terms prescribed below by SHIMA SEIKI Mfg., Ltd. ("Shima Seiki") in the "SHIMA SEIKI Users' Site Terms of Use" (the "Terms of Use").
The user's consent and acceptance of these Terms of Use is a prerequisite for Shima Seiki's permitting the use of the Services by the relevant user. If the user breaches any part of these Terms of Use, Shima Seiki may refuse the use of the Services by the relevant user from that point onward without notice. Even in such a case, any fee paid by the user will not be returned.
If the user is a minor (under the age of 20), etc., and has limited capacity for his/her actions, he/she shall obtain the consent of his/her statutory agent (a guardian, person with parental authority, etc.) before consenting to and accepting these Terms of Use.

Article 1. The Terms of Use
1.
Any provision or rule pertaining to its use presented via the official Internet website operated by Shima Seiki (URL: http: http://www.shimaseiki.com), or any related website, email, etc., shall form a part of these Terms of Use.
2.
If any provision or rule of use (mentioned above) contradicts a provision in these Terms of Use regarding the same matter, the provision herein shall prevail.
3.
Shima Seiki may change these Terms of Use. Users shall not be contacted on an individual basis upon the making of such change(s); thus, users shall confirm these Terms of Use every time they use the Users' Site. Upon any use of the Services after any such change, a user will be deemed to have consented to the revised Terms of Use.
4.
If a user does not accept the contents after the change mentioned in the previous paragraph, he/she shall immediately cease using the Services. Even in such a case, regardless of the reason therefor, any fee, etc., paid by the user in relation to the Services will not be returned.
5.
These Terms of Use will come into force on April 1, 2011.
Article 2. Use of the Services
1.
In order to use the Services, users are required to access Shima Seiki's designated server (the "Users' Site Server") via the Internet.
2.
The Services may be used only by registered users.
3.
In using the Services, users are required to register as a user, and then obtain an ID (the "User ID") and password (the "User Password"). For the purposes of these Services, users will be managed by their User IDs.
4.
Users themselves are responsible for any and all liabilities and risks in relation to their use of the Services.
5.
Users are responsible and liable for installing and setting up any equipment required for the use of the Services, building their communication environment, and paying any fee required by the users in relation to using the Services, including readying the communication device, setting up a communication environment, contracting with a provider, paying the cost of using the provider, telephone charge, cost of communication, or any other fee, regardless of what it maybe called, .
6.
Other than with respect to the cases expressly indicated herein, Shima Seiki will not return any fee borne by the user for reasons of inability to use, access, etc., the Users' Site Server.
7.
Upon using the Services, there may be cases where an updating program or data for adjusting and updating clients is automatically downloaded to the users from the Users' Site Server.
8.
Shima Seiki prohibits users from any act of accessing the Users' Site Server through unauthorized accessing methods for the unlawful purpose of circumventing prohibited acts, etc.
Article 3. Cost of the Services
There is no cost for using the Services, except for certain individually paid-for services (including sample data services).
Article 4. Registration of Information
1.
Upon processing the necessary procedures, such as obtaining the User ID or otherwise, users shall provide and register information specified by Shima Seiki (including personal information, such as email addresses) in the manner designated by Shima Seiki.
2.
In providing and registering the information mentioned in the previous paragraph, in order to receive notices and communication from Shima Seiki, users shall provide and register an email address acquired under his/her own name, which is viewable at all times. With respect to any notice or communication sent to users from Shima Seiki, after the lapse of two (2) business days from the date on which such notice or communication was sent, users shall have no defense of having no knowledge of such notice or communication.
3.
With respect to information provided or registered by the users, the following kinds of action are prohibited:
3.1
Provision or registration under a company name, nickname, etc.; or
3.2
Provision or registration via any name other than the user's name or any other false information.
4.
If there is any change to the information provided or registered by a user, such user shall promptly contact Shima Seiki in the manner designated by it.
5.
Shima Seiki may use information provided by users to the extent necessary for performing the businesses set forth in the next paragraph. In addition, Shima Seiki may subcontract the businesses set forth in the next paragraph to a third party; in which case, Shima Seiki may disclose the users' information to such third party and allow the use thereof upon imposing upon them the obligation of appropriately managing such personal information. Furthermore, to the extent necessary for operating the Users' Site, Shima Seiki may disclose information provided by the users to Shima Seiki's affiliates, agents or distributors and allow the use thereof.
6.
Only within the scope prescribed below, will Shima Seiki use the information provided by users:
6.1
To provide the Services and any incidental services thereto, as well as announcing relevant information (including advertisements, mail magazines, etc., from Shima Seiki and third parties), and affairs pertaining to dealing with and handling questionnaires, etc.; and
6.2
Affairs pertaining to surveys carried out for the purpose of ensuring the rights of Shima Seiki, as well as any response therefor.
7.
Other than in the cases expressly indicated herein or any of the following clauses, Shima Seiki will not disclose or provide to any third party information provided by the user without obtaining the prior consent thereof.
7.1
Where there is an obligation for the disclosure thereof as required by laws and regulations;
7.2
Where there is a request for the disclosure thereof from a lawfully authorized person;
7.3
Where disclosure is inevitable in order to protect or recover the rights of Shima Seiki and/or a third party from imminent or unlawful infringement; or
7.4
Where disclosure to a third party is determined to be necessary in the course of the business.
8.
If a user requests to amend or delete his/her own information in the manner designated by Shima Seiki, Shima Seiki may make such deletion or amendment if it determines that such case falls under any of the following:
8.1
Where the user registered incorrect information due to an inputting mistake, etc.;
8.2
In cases where there is a change in the registered information after such registration due to a reason attributable to the user, where Shima Seiki determines that such change is necessary; or
8.3
Where Shima Seiki determines that there is any likelihood that the rights, properties, etc., of the user himself/herself that is subject to protection under the relevant laws and regulations, may be infringed.
Article 5. User ID and User Password
1.
Shima Seiki will, at its own discretion, give users their User IDs and User Passwords. Please understand that Shima Seiki may, at its own discretion, not give users User IDs or User Passwords.
2.
Users shall not allow any third party to use the User ID or User Password given to them. Users are fully liable for the use of and for managing their User IDs and User Passwords so that they are not used by any third party.
3.
Shima Seiki shall not be liable in any way for any loss or damage suffered by any user due to the use of the user's User ID or User Password by a third party, as mentioned in the previous paragraph.
4.
The use and results thereof regarding the Services using the User ID and User Password managed by the user shall be the sole responsibility of the relevant user, and Shima Seiki shall not be liable in any way.
Article 6. Prohibition of Acts of Cheating and Unlawful Acts
1.
In using the Services, users shall not perform any of the following acts ("Cheating"):
1.1
Analyze, alter, modify or reverse-engineer the Services; or
1.2
Intentionally change the content, progress, elements, etc., of the Users' Site, such as changing its original functions.
2.
Users shall not allow other users or third parties to use, distribute (including making transmission possible) or recommend the use of programs or data that enable Cheating, regardless of whether or not they in the middle of using the Services.
3.
Users shall not unlawfully access other people's equipment or devices intended for these Services (which refers to communication devices, communication lines, computers and any other device and software set up by Shima Seiki for the purpose of providing the Services; the same shall apply hereinafter), or carry out acts that can harm the use or operation thereof.
4.
If Shima Seiki determines that an act made by a user is unlawful or inappropriate for any other reason, Shima Seiki may cancel the act committed by the user.
5.
If a user discovers any problem in the Services, such as a bug or otherwise, he/she shall not notify other users thereof, publicize it or otherwise, and should contact Shima Seiki's point of contact designated separately (URL: https://www.shimaseiki.com/inquiry/).
Article 7. Generally Prohibited Matters
In using the Services, users shall not commit the following actions:
1.
Impersonate Shima Seiki, its affiliates, its employees, employees of its subcontractors or any other related person;
2.
Transmit computer viruses or excessively bulky data, or any other action that imposes any burden upon the Users' Site Server, or any act that prevents other users from using the Services;
3.
Any act that slanders or defames any of the services or products supplied by Shima Seiki or the contents or operation of the Services provided by Shima Seiki;
4.
Any act of selling or reselling all or any part of the data forming part of the Services without obtaining permission from Shima Seiki;
5.
Any act where sample images, sample data, etc., obtained from within the Users' Site via the use of the Services involve a paid transaction, including any action involving a sale using circulating currency, an auction via the Internet, etc.;
6.
Any act that infringes upon the copyright of the Services or any other right;
7.
Any other act that prevents or may prevent the operation of the Services, or any other act that breaches these Terms of Use;
8.
Any act notifying another user of the location of texts, data, etc., where any act falling under any of the previously mentioned clauses can be posted;
9.
Other than the previously mentioned clauses, any act that Shima Seiki determines as being inappropriate in light of the purpose of the Services; and
10.
Any and all acts that induce or nurture any of the acts referred to in the abovementioned clauses or any act in preparation therefor.
Article 8. Intellectual Property Rights, Including Copyrights
1.
Unless there is any specific indication to the contrary, any and all programs, software, trademarks, trade names and any intellectual property or any other right in general pertaining to the technology that is incidental thereto and which forms part of the Services, the Users' Site Server, etc., shall belong to Shima Seiki or a third party lawfully authorized thereby.
2.
Users shall not use any and all information acquired through the use of the Services beyond the scope of personal use, whether it be by means of reproducing, publishing, broadcasting, publicly transmitting or otherwise such information without obtaining prior express permission therefor from Shima Seiki or its authorized third party.
Article 9. Provision of Individually Paid-For Services
1.
There may be cases where Shima Seiki provides, among the Services, some services for a fee ("Individually Paid-For Services"). In using Individually Paid Services, users shall comply with the manner designated by Shima Seiki.
2.
Any agreement with respect to the Individually Paid-For Services, including the sales and purchase agreement and the software license agreement, , shall be constituted upon the provision of the Individually Paid-For Services to users via Shima Seiki's affiliates, agents or distributors. If there is any problem, etc., concerning the communication environment prior to the constitution of the agreement, any such agreement shall be deemed to not have been constituted, and Shima Seiki shall not be liable in any way for any loss or damage therefrom.
Article 10. Searching for and Licensing of Samples
1.
Shima Seiki provides, as one of its Individually Paid-For Services, services ("Sample Data Services") through which users may search for samples and acquire a license for the use of the formulation data of the requested samples (the "Sample Data") for a fee. Users shall comply with the provisions in this Article, and for any matter not stipulated herein, they shall comply with Article 9 and the manner designated by Shima Seiki.
2.
Provision of Sample Data Services will be completed upon the delivery of the email sent to the users by Shima Seiki notifying them that the Sample Data can be downloaded. Please understand that, upon the delivery of such email, users shall be required to pay the license fee even if they do not download the Sample Data.
3.
Users shall comply with Shima Seiki's designated method of payment for the Sample Data. Only one-time payments of the entire amounts are available.
4.
The users' Sample Data usage history and bookmarked usage data may be deleted from the Users' Site Server after the lapse of 180 days from the granting of the license for use or if the user does not log-in after 180 days from his/her last log-in. However, the same may be deleted prior to the lapse of the foregoing period if the user discontinues or terminates the use of the Services in accordance with Article 15.
5.
Up to twenty (20) Sample Data may be acquired in a single transaction.
6.
The outcome of the formulation of the Sample Data provided by Shima Seiki is significantly affected by the circumstances of the user's equipment, the thread material planned to be used, the usage environment, or any other circumstance or condition. Thus, Shima Seiki does not guarantee that the Sample Data acquired by the user will be 100% capable of formulation. Users shall fully understand the foregoing prior to purchasing the Sample Data. Furthermore, Shima Seiki shall not be liable in any way for any loss or damage suffered by the user through the use of the acquired Sample Data. In addition, Shima Seiki shall not accept any demand for the compensation of damages against users by third parties for the use of the Sample Data. If Shima Seiki receives such demand for compensation of damages, the user shall be liable for holding Shima Seiki harmless therefrom.
7.
The rights acquired by the user through the Sample Data Service shall be the right to use the Sample Data on a non-exclusive basis, without any right of sublicense. Any Sample Data acquired through downloading may not be sold, transferred, leased, pledged, provided as security, or licensed to any third party. Furthermore, Shima Seiki prohibits the performance, offer and solicitation of such acts.
8.
If a measure to perpetually discontinue the use thereof is taken against a user under the provisions set forth in Article 15, the license for the Sample Data shall lapse when such measures to discontinue the use are taken.
9.
Shima Seiki shall not accept any request for a reimbursement, conversion, refund or return for any reason with respect to any Sample Data acquired by the user.
10.
If Shima Seiki determines that it is essential for the smooth operation of the Services, Shima Seiki may limit the user's use of the Sample Data without obtaining the prior consent of the relevant user.
Article 11. Termination of Individually Paid-For Services
Shima Seiki may, for reasons of its own, discontinue or terminate the provision of Individually Paid-For Services or any service incidental thereto.
Article 12. Discharge and No Guarantee
1.
The Services and Individually Paid-For Services rely highly on each individual communication environment and the environment of the equipment being used, and is not capable of use in all environments. Thus, Shima Seiki provides no guarantee that the Services, etc., will be usable by the user in any environment, nor shall it be liable in any way for any loss or damage that may be caused therefrom.
2.
The Services are provided as they are at the time of their provision on an as-is basis, inclusive of any possibility of a default in their accuracy, completeness, utility, credibility, etc. Thus, Shima Seiki does not guarantee the accuracy, completeness, utility, credibility, etc., of any information, data, etc., provided by Shima Seiki through the Services, nor shall it be liable in any way for any loss or damage that may be caused therefrom.
3.
If the user applies any setting to his/her browser to reject cookies, Shima Seiki shall not be liable in any way even even when he/she suffers any loss or damage because he/she cannot use the Services, etc., or has any difficulty in using the Services.
4.
If the data, etc., stored in the user's devices for the Services, etc., is lost, or is altered by a third party, Shima Seiki shall not be liable for the recovery thereof.
5.
Shima Seiki shall not be liable in any way to such user or third party for any and all problems during the program installation process relating to the Services, etc., or for any and all problems that may occur upon the use thereof. In addition, the user shall acknowledge in advance that Shima Seiki shall not be liable in any way for compensation as long as the Services could have reasonably been provided to the user at the time.
6.
When creating the Sample Data, Shima Seiki has exerted efforts to ensure that the Sample Data will avoid infringing any intellectual property right that is proprietary to any third party. Nonetheless, Shima Seiki does not guarantee that any product of the user manufactured using the Sample Data will not infringe on any in-tellectual property right that is proprietary to any third party. In using the Sample Data, the user shall comply with the following Terms of Use:
1)If the user manufactures any product based on the Sample Data, or sells, exports or does other activities concerning the manufactured products, then it shall investigate and ascertain, as its own responsibility and expense, whether or not such manufacture, sale, export or the like will not infringe on any intellectual prop-erty right that is proprietary to any third party in the country or region where the relevant manufacture, sale, export or the like is made.
2)Where there is a likelihood that the relevant product may infringe on any intellectual property right that is proprietary to any third party, the user shall take measures including a design change so that the product will not conflict with any intellectual property right that is proprietary to any third party, or otherwise obtain the relevant license thereto. If the user is unable to carry out the above measures, then the user shall not use the Sample Data.
Shima Seiki shall not be responsible for any damage suffered by the user if the relevant damage is caused by the non-compliance to the terms of use of the Sample Data previously mentioned. If the user becomes the subject of a complaint by a third party asserting the infringement of the latter’s intellectual property right aris-ing from the use of the Sample Data (the “Complaint”), then the user shall resolve the Complaint and/or dis-pute arising from the Complaint at its own expense and responsibility, If Shima Seiki becomes the subject of a Complaint raised by, or suffers any damage caused by, a third party in connection with the Complaint, Shima Seiki may ask compensation from the user for damages suffered in relation to the relevant Complaint as well as for any and all expenses (including attorney’s fees) incurred by it.
Article 13. Changes to the Content of the Services Provided
Shima Seiki may change the content of the Services, etc., without giving any prior notice to the users.
Article 14. Interruption of the Services
1.
Upon the occurrence of any of the following events, Shima Seiki may temporarily interrupt the provision of the Services, etc., without giving any prior notice to the user.
1.1
If the provision of the Services, etc., stops due to the occurrence of an unexpected problem, etc., in the Users' Site Server system; or
1.2
If, in addition to Shima Seiki carrying out a regular or emergency maintenance on the Users' Site Server system, Shima Seiki determines it is necessary to interrupt the Users' Site Server temporarily for operational or technical reasons.
2.
In case of any of the events mentioned in the previous clauses, Shima Seiki shall not be liable in any way for any loss or damage suffered by the user therefrom even if there is a delay, interruption, etc., in the Services, etc.
Article 15. Discontinuance of Use, etc.
1.
In using the Services, there may be cases where Shima Seiki would not permit the use of the Services, etc., to users when Shima Seiki determines that the user falls under any of the following:
1.1
If the information provided and registered by the user is false;
1.2
If it is discovered that the user is in fact breaching these Terms of Use or if he/she has breached these Terms of Use in the past;
1.3
If Shima Seiki determines that, apart from the cases mentioned in the previous clauses, the user is significantly inappropriate as a user of the Services, etc.; or
1.4
If the user has unlawfully accessed the Services, etc.

2.
If Shima Seiki determines that the user falls under any of the following, it may immediately discontinue the user's participation in the Services, etc., either partially or entirely, temporarily or perpetually, or cancel the user's license for using the Services, etc. In such a case, any fee borne by the user in using the Services, etc., shall not be returned.
2.1
If these Terms of Use have been or may be breached;
2.2
If the petition for a commencement of proceedings in bankruptcy or civil rehabilitation is filed against or by the user;
2.3
If payment is treated as having lapsed or rescinded by the payment service provider of the means of payment designated by Shima Seiki;
2.4
Any other case where Shima Seiki determines that it would be detrimental to the operation of the Services, etc.;
2.5
If the User ID and User Password are unlawfully used by a third party due to the carelessness of the user, or if Shima Seiki determines that there is the likelihood thereof;
2.6
If the user falls under any of the matters set forth in Section 15.1; or
2.7
Upon the lapse of 180 days from when the user last logged-in to the Services.

3.
In cases where a single user has obtained multiple User IDs, if Shima Seiki discontinues the use of or terminates the license for use pertaining to any of the User IDs in accordance with the previous paragraph (except where it falls under Section 15.2.7), or if Shima Seiki cancels the license for the use thereof, Shima Seiki may discontinue the use of or cancel the license for use of the Services for all of the User IDs that Shima Seiki determines to have been obtained by that particular user.
Article 16. Damages
There may be cases where Shima Seiki may demand the user to compensate it for damages if the user infringes upon the rights or interests of Shima Seiki in using the Services or any Individually Paid-For Service.
Article 17. Prohibition of Transfer
Users shall not transfer, succeed, or offer as security to any third party, any right, status or interest involving the use of the Services, etc.
Article 18. Support
1.
Notices, communication and support provided by Shima Seiki to the users in relation to the Services will only be in Japanese or English.
2.
In communicating with or submitting an inquiry to Shima Seiki regarding the Services, users shall do so through the inquiry form provided on this website. (URL: https://www.shimaseiki.com/inquiry/). Shima Seiki will not respond to any communication or inquiry made via other means (such as by telephone or a visit).
Article 19. Termination of the Provision of the Services
1.
Shima Seiki may terminate the provision of the Services or any Individually Paid-For Service without giving any prior notice, etc., or obtaining consent from the users. Shima Seiki shall not be liable in any way for any loss or damage suffered by the users due to the termination of the Services or any Individually Paid-For Service.
2.
Shima Seiki shall not accept any claim from users pursuant to the termination of the Services or any Individually Paid-For Service, etc.
Article 20. Governing Law and Jurisdiction
1.
These Terms of Use shall all be governed by the laws and regulations of Japan, including its formation, effectiveness, interpretation and performance. Any matter not stipulated herein shall be in accordance with the Copyright Act, the Civil Code, Commercial Code, and other applicable laws and regulations.
2.
Even if any part of these Terms of Use is deemed to be invalid due to a portion of a mandatory provision under the laws and regulations on consumer protection or any other mandatory provision, any other part thereof shall remain valid to the maximum extent so long as it does not contradict therewith.
3.
The Wakayama District Court or the Wakayama Summary Court of Japan shall be the court of first instance with exclusive jurisdiction with respect to any dispute between users and Shima Seiki in relation to these Terms of Use and the Services, etc.
No supplementary provision.
END.

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