Product Materials

By using our software products, users consent to the following Agreement.

Article 1 (Application of Software License Confirmation)

​1. Based on this Software License Confirmation (hereinafter referred to as "this Agreement"), ALXIS DATA, Inc. (hereinafter referred to as “​ALXIS DATA”) grants users a non-exclusive, non-transferable, and non-sublicensable right to use our software only when using it on a particular computer.

2. In the event of any discrepancies or inconsistencies between this Agreement and the individual Terms of Service, this Agreement shall prevail.

Article 2 (Definitions)

The following definitions apply in this Agreement.

(1). "Users" means a person who has agreed to comply with the terms of this Agreement and whose ALXIS DATA grants the right to use our software.

(2). "Software" means the Discovery Series or Ring software and accompanying documents.

(3). "License(s)" means the right to use the Software and Run Lime that we grant to you under this Agreement.

(4). "Runtime" means the files required to execute the Software.

(5). "License" means this license and the runtime license.

(6). "Product Key" means the one provided by ALXIS DATA to Users when License is granted and is provided as a combination of numeric strings or alphanumerical characters or as a USB dongle.

(7). "Use" means to use the files included in the Software for coding, compiling, linking, and debugging in the installed state.

(8). "Distribution" means copying Runtime, application, or both to a recording medium on a particular computer.

(9). "License Period" means the period during which ALXIS DATA licenses the customer to use the License.

(10). "Computer" means virtual and physical devices.

(11). "Server Application" means an application that runs on a server computer and can provide data to the server computer or to other client computers, with or without a user interface.

Article 3 (Notification)

1. Unless otherwise specified in this Agreement, ALXIS DATA shall notify Users by any method that ALXIS DATA deem appropriate, such as posting the content of the notification by e-mail, in writing, or on the website.

2. The content of the notification from ALXIS DATA to Users based on the provisions of the preceding paragraph shall become effective from the date when the e-mail is sent, the date when the document is delivered, or the time when it is posted on the website.

Article 4 (Modification of the Agreement)

ALXIS DATA may change the contents of this Agreement upon notice to Users. After the notification of the changed contents, the changed contents shall apply.

Article 5 (No Assignment)

Users shall not assign or inherit all or part of the status, rights, and obligations under this Agreement to a third party without the prior written consent of ALXIS DATA. Comprehensive succession due to merger, business transfer, etc. can be succeeded only if ALXIS DATA has given written consent in advance to Users before the succession.

Article 6 (Jurisdiction)

If litigation is required between Users and ALXIS DATA, the district court having jurisdiction over the location of ALXIS DATA's head office shall be the exclusive jurisdiction court by agreement.

Article 7 (Governing Law)

The law of Japan shall be the governing law regarding the establishment, effect, performance, and interpretation of this Agreement.

Article 8 (Consultation)

If there is any doubt about the matters not stipulated in this Agreement, both Users and ALXIS DATA shall discuss and resolve them in good faith. The invalidation of any part of this Agreement as a result of consultation shall not affect the overall validity of this Agreement.

Article 9 (Conclusion)

1. When Users either install the Software or place an order for the License, ALXIS DATA at that time considers that Users agree to comply with the terms of this Agreement, and this Agreement is concluded. 

2. Notwithstanding the preceding paragraph and other provisions of this Agreement, ALXIS DATA may not permit the use of Software if it is determined to be inappropriate.

Article 10 (Change Notification)

1. Users shall promptly contact ALXIS DATA when there is a change in the trade name or the company name, the location or address of the head office, contact information, or other information registered at the time of ordering the License. ALXIS DATA shall determine whether or not the change is possible and notify Users of the result.

2. ALXIS DATA shall not be liable even if Users suffer damage due to non-delivery of the notification or other reasons due to the User's failure to notify in the preceding paragraph.

Article 11 (Usage Fee and License Period)

1. ALXIS DATA and Users set the terms of use such as usage fee, payment method, license period, etc. in a separate document.

2. ALXIS DATA grants the License on the condition that Users pay the usage fee without delay.

Article 12 (Expiration)

Upon expiration of the License Period, Users shall immediately uninstall the Software and destroy the license certificate as well as all copies thereof.

Article 13 (Termination)

1. Even within the License Period, Users can terminate this Agreement by uninstalling the Software, destroying all license certificates as well as their copies, and requesting ALXIS DATA with a document proving that fact.

2. ALXIS DATA shall be able to immediately terminate all or part of this Agreement without any notice or notification to Users if it is determined that Users fall under any of the following items.

(1). When Users violate this Agreement.

(2). When Users do not fulfill the obligations under this Agreement and still do not fulfill them after written notice has been given for a reasonable period.

(3). When Users receive a petition for seizure, provisional seizure, provisional disposition, auction, public sale, tax delinquency, bankruptcy, civil rehabilitation, or corporate reorganization.

(4). When Users fail to pay a bill or check, or when a transaction is suspended at a clearing house, or when payment is suspended or impossible.

(5). When the User's company is dissolved or the company liquidation procedure is started.

(6). When there is a decline in the User's creditworthiness.

(7). When Users receive a business license revocation or suspension from the relevant government agency, or when Users try to return their business license.

(8). When there is a reason that makes it difficult for Users to fulfill this Agreement.

(9). When Users make a request for deferment of performance of the obligation to their customers or a third party, or when Users prepares to convene a creditor's meeting or prepare to dispose of major assets, or when Users encounter any other reason that it is deemed difficult to fulfill its obligations.

(10). When there is fraud or other betrayals against ALXIS DATA.

(11). When Users are found to be a gangster, a gangster, a gangster-related company/organization or a related person thereof, or other antisocial forces.

3. If this Agreement is terminated or canceled based on the preceding article (Expiration) or paragraphs 1 and 2 of this article, or if there is an unpaid license fee or late interest at the time of such termination or cancellation, Users shall pay this by the date specified by ALXIS DATA. Users may not request ALXIS DATA to refund all or part of the license fee already paid.

Article 14 (Acceleration)

If ALXIS DATA admits that Users performed an act that falls under the prohibited matters stipulated in Article 17, all obligations of Users under this Agreement shall be accelerated and become immediately due and payable without notice. The same shall apply when this Agreement is terminated.

Article 15 (Scope of License)

1. When installing the Software on one computer, Users need one License and need to authenticate the License after installation.

2. Users shall be able to use the Software within the number and period of the Licenses granted by ALXIS DATA. Users shall not be able to share the Licenses with a third party. For example, when installing the Software on a server computer and connecting multiple computers to use it, Users need Licenses for the number of computers used.

3. Users shall be able to distribute the application and the runtime developed using this software on the condition that they are simultaneous.

Article 16 (Attribution of Rights)

1. The copyright, trademark rights, and all other intellectual property rights related to the Software belong exclusively to ALXIS DATA.

2. Users shall not be able to change or delete the copyright notice contained in the Software.

3. The copyright of the Software must be clearly stated on the application that incorporates the runtime. This copyright notice must be displayed in the form specified separately by ALXIS DATA, either in the manual or in the application.

Article 17 (Prohibitions)

1. Users may not reverse engineer, disassemble or decompile, or modify the Software. Users shall not allow a third party to perform the above-mentioned acts.

2. Users may not resell, rent, lend or transfer the Software, License, etc. to a third party without the prior consent of ALXIS DATA. In addition, security interests cannot be set for the Software, Licenses, etc.

3. Users shall not be able to use the Software, License, etc. as part of the User's service (whether paid or free of charge) without obtaining the prior written consent of ALXIS DATA.

4. Users shall not be able to use the Software to sell applications, tools, libraries, etc. for the purpose of application development.

5. Users shall not disclose or leak the Product Key of the Software to a third party.

Article 18 (Usage Records and Audits)

1. Users must always keep appropriate records so that ALXIS DATA can clarify the usage of the Software.

2. ALXIS DATA may request Users for an internal audit to investigate the number of Licenses licensed and the number of Licenses used. ALXIS DATA shall notify Users in advance of the internal audit request in writing. Based on the results of the internal audit, Users shall submit to ALXIS DATA a signed document certifying the proper use of the Software within 30 days of the request for internal audit.

3. ALXIS DATA may audit the User's head office or each business site to approve the compliance with this Agreement. However, such audits shall be notified to Users in writing at least 15 days in advance. Such audits shall be conducted by ALXIS DATA or a third party designated by ALXIS DATA with the User's consent. In addition, it shall be performed during the User's business hours in a way that does not unduly interfere with the User's business activities.

4. If it is found that the use of the Software exceeds the License Period or the number of licensed computers as a result of the audit conducted by Users or ALXIS DATA, Users must pay the overage fee specified by ALXIS DATA for the overuse license under this Agreement.

Article 19 (Limited Warranty)

If the Software has any physical defects (e.g. damage to the delivered item) that are attributable to ALXIS DATA, ALXIS DATA shall replace it free of charge only if noticed within 30 days of purchase.

Article 20 (Disclaimers)

1. ALXIS DATA does not guarantee that the Software is suitable or useful for the User's specific purpose, that the Software is free of defects, or that it operates normally.

2. ALXIS DATA shall not be liable for any direct or indirect loss or failure caused by or in connection with the use of the Software under any circumstances.

Article 21 (Specification Changes)

1. ALXIS DATA may change the specifications of the Software without any notice to Users.

2. ALXIS DATA may modify the program without any notice to Users in order to improve the Software.

Article 22 (Export Management)

When taking the Software out of Japan, Users must comply with the laws and regulations related to export control inside and outside Japan, but the Software is not subject to the regulations. However, this does not apply to applications created by Users using the Software.

Article 23 (Payment)

1. Users shall pay the license fee and other obligations based on this Agreement by the method and date separately agreed between Users and ALXIS DATA. Note that the tax amount stipulated in the Consumption Tax Act should be added to the license fee.

2. If Users still fail to meet the obligations under the preceding paragraph after the specified payment date, the payment shall be made in a lump sum with the license fee including late interest and others by the method and date specified by ALXIS DATA. Late interest shall be the amount calculated at an annual interest rate of 14.6% for the number of days from the day after the specified payment date to the day before the payment date.

3. The transfer fee and other expenses required for the payment in the preceding paragraph shall be borne by Users

Article 24 (Confidential Information)

1. Users and ALXIS DATA shall not disclose or leak information indicating that it is confidential (hereinafter referred to as "Confidential Information") to a third party. Confidential information refers to any technical, business, or other business information provided by the other party under this Agreement, in which the other party has specified its confidentiality and scope in advance with a written document. However, this does not apply to cases where the other party has given written consent in advance and information that falls under any of the following items.

(1). Information already held without obligation of confidentiality

(2). Information legitimately obtained from a third party without obligation of confidentiality

(3). Information originally developed regardless of the information provided by the other party

(4). Information that has become publicly known before and after receipt without violating this Agreement.

(5). Information provided without designation, specification of scope, or indication that it is confidential under this article

2. Notwithstanding the provisions of the preceding paragraph, Users and ALXIS DATA shall disclose Confidential Information that should be disclosed based on the provisions of laws and regulations or at the request of an authorized public office to the disclosure destination or the relevant public office based on the provisions of the relevant laws and regulations. In this case, Users and ALXIS DATA shall notify the other party of the disclosure prior to the disclosure, unless it violates the relevant laws and regulations. If notification cannot be given before disclosure, this shall be done promptly after disclosure.

3. The party who receives the Confidential Information shall take necessary measures to manage them.

4. The party who receives the Confidential Information by the other party shall use them only within the scope of the purpose of this Agreement. Both parties may copy or modify (hereinafter referred to as "duplicate") materials that embody Confidential Information within the scope necessary for this Agreement (hereinafter referred to as "materials"). In this case, Users and ALXIS DATA shall treat the duplicated confidential information as the Confidential Information specified in this article. In the case of duplication that exceeds the scope necessary for this Agreement, a written consent of the other party shall be obtained in advance.

5. The party who receives the Confidential Information shall return the materials to the other party at their request.

Article 25 (Privacy Policy)

1. Users and ALXIS DATA shall use personal information only within the scope of the purpose of this agreement, shall not disclose or leak it to a third party, and shall comply with relevant laws and regulations. Personal information refers to all personal information contained in business and other business information provided by the other party based on this Agreement. It also includes personal information stipulated in the Act on the Protection of Personal Information.

2. Regarding the handling of personal information, the provisions of paragraphs 3 to 5 of the preceding article (Confidential Information) shall apply.

Article 26 (Survival Article)

Even after the expiration of this Agreement and the expiration of the License Period, the matters concerning the jurisdiction, attribution of rights, prohibitions, limited warranty, disclaimers, payment, Confidential Information, and privacy policy shall continue to be valid.

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