User guide

Please read the following LICENSE AGREEMENT carefully before downloading this Software which is the application software for COPIC COLLECTION (hereinafter referred to as the “Software”). The customer must agree to the terms and conditions of the following LICENSE AGREEMENT in order to use the Software. If you do not agree, you cannot use the Software and therefore please refrain from downloading the Software. If and when you click the button for downloading and the downloading of the Software has been commenced, it is deemed that you have agreed to the terms and conditions of the following LICENSE AGREEMENT and that the following LICENSE AGREEMENT has been entered into by and between the customer and Too Corporation (hereinafter referred to as the “Company”).

LICENSE AGREEMENT

Article 1. GRANT OF LICENSE

Under the terms and conditions of this Agreement, the Company will grant to the customer a non-exclusive, non-sublicensable, non-transferable and royalty-free license, in the country or territory where the customer resides, to use the Software for the purpose of using COPIC related products (hereinafter referred to as the “COPIC Products”) which are held by the customer or for the purpose of considering purchase of the COPIC Products by the customer.

Article 2. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights, including copyrights, and other rights relating to the Software shall exclusively belong to the Company and/or the third parties which have granted such rights to the Company.

Article 3. NO WARRANTY

  1. The Company shall not warrant the accurateness, usefulness, etc. of any and all functions of the Software including without limitation the color samples, painting samples, shop information, etc. contained in the Software.
  2. The Company shall not warrant that the Software (i) operates and functions correctly and normally, (ii) satisfies and fulfills the need of the customer, (iii) is useful or fit for a particular purpose, (vi) is free from any defect, and (v) the defect in the Software if any shall be corrected.

Article 4. DISCLAIMER

  1. The Company disclaims all warranties, explicit or implied, or legal or otherwise, including but not limited to any non-infringement of third party rights or laws and regulations of the country or territory of the customer and the warranties of quality, performance, merchantability and fitness for a particular purpose. No representation or disclosure of information made by the Company shall constitute any warranty of the Company.
  2. Under no circumstances shall the Company be liable for any direct, indirect, consequential, specific, accidental, punitive or any other damages or losses (including but not limited to loss of profits, stoppage of business, loss of business opportunities, loss of goodwill, loss of data or data using opportunities, costs of procuring substitutes, and other monetary loses) arising out of the use of or inability to use the Software even if the Company has been advised of the possibility of such damages or losses. Such disclaimer shall be equally applicable to the situation where the Software is used in combination with other software or instruments.
  3. The Company shall not give any maintenance, support, advisory or other services relating to the use, operation, performance, improvement, recovery of troubles, etc. of the Software or any services to respond to the customer for any inquiry relating thereto.

Article 5. RESTRICTIONS

  1. The customer shall not by itself or through a third party make any attempt to alter, modify, copy, combine or adapt the Software or analyze or derive the source code of the Software by reverse engineering, decompiling, disassembling or any other methods.
  2. The customer shall not assign, transfer, export, sublicense, lend, pledge, mortgage, dispose of or use for commercial purposes the Software or the rights and obligations specified in this Agreement in whatever manner.
  3. The customer shall not do any conduct which may be disadvantageous to the Company or harm, degrade or infringe any rights or interests in and to the Software.
  4. The Company owns all rights and interests in and to the trademarks “COPIC” in Japanese and English and “COPIC COLLECTION” (including its logo) in Japanese and English. The customer shall not use such trademarks without prior written approval of the Company.

Article 6. ALTERATION AND TERMINATION

  1. The Company may terminate this Agreement, discontinue providing any improvement or version up of the Software, or change, modify or alter the contents, representation, manners of operation and other aspects of the Software without cause at any time without giving any prior notice to the customer. The Company shall not be responsible and liable to the customer for any damage or disadvantage which may be caused to the customer as a result thereof.
  2. Upon termination of this Agreement, the customer shall not use the Software and shall, in accordance with instructions given by the Company, immediately return, destroy or delete the Software and all of its copies (including those built in the computer memory) and submit to the Company the documents proving such destruction or deletion at its own expense.

Article 7. NOTICE

Any notice from the Company to the customer shall be deemed to have been given when such notice is uploaded on the following URL of the Company.

http://copic.jp/copic-collection/

Article 8. EXPORT RESTRICTIONS

The customer shall abide by and comply with the export control laws and regulations and all other laws and regulations applicable to the Software (hereinafter referred to as the “Export Restrictions”) and the Company shall not be responsible and liable to the customer for any breach by the customer of the Export Restrictions. If any damages are caused to the Company due to a breach by the customer of the Export Restrictions, the customer shall indemnify the Company for such damages.

Article 9. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of Japan. All disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court locating in Tokyo, Japan.

Article 10. MISCERANIOUS

  1. The provisions of Articles 2 through 11 shall survive the termination of this Agreement.
  2. All of the agreements and understandings between the customer and the Company with reference to the subject matter of this Agreement are embodied herein, and this Agreement supersedes all prior agreements and understandings made between the parties and materials and proposals supplied with reference to such subject matter.