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"SkyDesk Media Trek" User-Agreement

* In the event of any conflict between Japanese version and English version as to interpretation of this letter, Japanese version shall prevail.

Article 1 (Scope of Agreement)

  1. Fuji Xerox Co., Ltd. (hereinafter called, "Fuji Xerox") sets forth the following the terms and conditions of user-agreement (hereinafter called, "Agreement") for the application software "SkyDesk Media Trek" (hereinafter called, "Application").
  2. Any user of Application (hereinafter called, "User") shall agree to this terms and conditions of Agreement before using application.
  3. Those who have used Application are deemed to have entered into Agreement and to be bound by the terms and conditions specified herein.
  4. Fuji Xerox may change the contents of Agreement without prior notification to User. User who has used Application after such change shall be bound by the changed terms and conditions of Agreement.

Article 2 (Purpose of the Application)

User will be able to hear audio guides and find information (including tourist spots, shops and facilities) in the vicinity of the User’s IT terminals while strolling around. Strolling around while looking down at your terminals is so very dangerous that user shall make sure to stop at a safe location before checking your terminals.

Article 3 (Copyrights of Content)

The copyrights for contents contained in Application belong to Fuji Xerox or a third party which has been licensing Fuji Xerox to use these contents.

Article 4 (Use of the Application)

User shall hear and read the contents for personal use only. User shall not be permitted to make an unspecified number of people to hear and read for commercial business purposes (any purpose other than personal use), reproduce, transfer, rent, loan, or publicly send the contents or have any third party carry out these activities.

Article 5 (Handling of Information)

  1. In providing Application to User, Fuji Xerox acquires and stores User’s information including User’s access history and location information, without User being identified individually. Fuji Xerox will treat such information according to Agreement.
  2. Fuji Xerox shall treat information acquired according to the preceding clause as separated from User’s personal information acquired independently by Fuji Xerox.
  3. Fuji Xerox may, for the purpose of facilitating local industry’s development, analyze and compile information acquired according to clause (1) for statistics in a manner which User is not identified individually, and provide statistical information to local enterprises and regional government.

Article 6 (Purpose of Information Use)

Fuji Xerox will utilize information acquired according to the preceding article for the following purposes.

  1. To provide the functions of Application to User
  2. To analyze and investigate user’s performance and to make various other marketing surveys to improve the performance and convenience of Application
  3. To provide statistical information to local companies for the purpose of regional development of local industries
  4. To respond to disputes and lawsuits
  5. To prevent misuse of Application
  6. To perform activities required to provide Application
  7. To develop other Fuji Xerox products

Article 7 (Prohibited Matters)

The use of Application by User for the following activities is prohibited by Fuji Xerox. If User is in violation of one of these prohibitions, Fuji Xerox may stop providing Application to User.

  1. Activities in violation of Agreement
  2. Activities in violation of public policy
  3. Activities connected with crimes
  4. Infringement of the intellectual property rights of Fuji Xerox, User or any third parties (including but not limited to copyrights, design rights, patent rights, utility model rights, trademark rights and knowhow)
  5. Using Application for commercial business purposes without the permission of Fuji Xerox
  6. Other activities to be interpreted inappropriate by Fuji Xerox

Article 8 (Limitation of Liability)

  1. FUJI XEROX MAY AT ITS OPTION CHANGE, SUSPEND OR TERMINATE ALL OR PART OF FUNCTIONS OR OF APPLICATION WITHOUT PRIOR NOTICE TO USER. MOREOVER, FUJI XEROX SHALL NOT BE LIABLE FOR ANY DAMAGES TO USER OR ANY THIRD PARTIES ARISING OUT OF THE ABOVE CHANGE, SUSPENSION AND TERMINATION.
  2. FUJI XEROX SHALL NOT GUARANTEE THE COMPLETENESS, ACCURACY, RELIABILITY, UTILITY, OR APPROPRIATENESS OF ANY INFORMATION PROVIDED THROUGH APPLICATION. FUJI XEROX IS NOT LIABLE FOR ANY DAMAGES TO USER OR ANY THIRD PARTIES ARISING OUT OF INFORMATION PROVIDED THROUGH APPLICATION.
  3. FUJI XEROX IS NOT LIABLE FOR ANY TROUBLES OR DISPUTES ARISING AMONG USERS, OR BETWEEN USER AND ANY THIRD PARTIES SUCH AS SHOPS, FACILITIES, ORGANIZATIONS AND CORPORATIONS PROVIDED THROUGH APPLICATION.
  4. FUJI XEROX IS NOT LIABLE FOR TRAFFIC ACCIDENTS, INJURY, OR OTHER ACCIDENTS OCCURRING DURING THE USE OF APPLICATION.
  5. FUJI XEROX IS NOT RESPONSIBLE FOR ANY THIRD PARTY WEBSITES LINKED TO APPLICATION. FUJI XEROX IS NOT LIABLE FOR ANY DAMAGES ARISING OUT OF USER’S ACCESSING THESE WEBSITES.

Article 9 (Governing Laws)

This Agreement shall be governed by the laws of Japan.

Article 10 (Agreement on Jurisdiction)

Any and all disputes relating to Agreement and Application shall be subject to the exclusive jurisdiction of the Tokyo District Court or Tokyo Summary Court.

Updated on December 3, 2013

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