POCKETALK W Terms of Use

 These Terms of Use (the "Terms") constitute an agreement between you and SOURCENEXT CORPORATION ("Sourcenext"). Please read the Terms before using the Device. By starting and using the Device, you agree to be bounded by each provision of the Terms. If you do not agree to each provision of the Terms, you may not use the Device. If you do not agree to the Terms, please do not use the Device and return it to the distributor together with your receipt within thirty days of your purchase, then the product price will be refunded. Please be advised that we do not accept refund or exchange request once the Device is used except as set forth in the hardware warranty policy.

 Under the Terms,

 "Device" means the device and equipment that you use, which includes accessories for such device.

 "Software" means all software provided to you by Sourcenext which are intended to be run on the Device.

 "Service" means the provision of digital contents, software, as well as support and other services provided to you by the Device.

 "Manuals" means printed materials such as manuals or the like included with the Device.

Article 1 

Transfer of Device Ownership and Software License, etc.

 1. Subject to your agreement to and compliance with the Terms, the ownership of the Device shall be transferred from the distributor to you upon your payment of the purchase price.

 2. Subject to your agreement to and compliance with the Terms, Sourcenext grants you a non-exclusive right to use the software contained in the Device.

 3. Subject to your agreement to and compliance with the Terms, we shall convey the Manuals to you.

 4. Purchase of the Device does not transfer any of the copyrights or other intellectual property rights related to the Software or the Manuals to you.

Article 2 

Conditions of Use

 Any commercial use such as sales or rentals, and business use of two (2) or more units by one (1) company are prohibited. For more details, please contact us here (http://rd.snxt.jp/64269/). Furthermore, any and all hardware and software used in the Service are the intellectual properties of Sourcenext or a third party designated by Sourcenext, which are protected by the Japanese and the international laws concerning intellectual property rights.

 1. You acknowledge that you need to prepare the communication environment such as Wi-Fi connections, etc. necessary to receive the Service. Furthermore, to the extent not inconsistent with the Terms, you will be subject to the Global SIM Service Terms of Use (http://www.sourcenext.com/permission/128/) and the SIM Service Terms of Use (http://www.sourcenext.com/permission/129/) (collectively, "SIM Service Terms of Use"), in addition to the Terms, for receiving the Service. By using the Device, you agree to the SIM Service Terms of Use as well. In the SIM Service Terms of Use, the term "user" is to be read as "you". In the case of any conflict between thee Terms and such SIM Service Terms of Use, the Terms shall prevail.

 2. If you do not use the SIM service provided by Sourcenext (including the cases where it is unavailable), you must install and operate the communication environment at your cost and responsibility. In this case, Sourcenext shall not be involved in such installation or operation of your communication environment at all nor shall it provide support to you.

 3. Sourcenext may provide automatic or manual updates for Sourcenext Software as necessary without notice to you. The Terms shall also apply to the updated Software as a matter of course.

 4. When you need approval or certification from, or notification to a governmental agency in order to use the Device, you shall be required to handle and resolve it at your cost and responsibility unless it can be handled by the distributor.

Article 3 

Consent to Data Use, etc.

 1. Sourcenext obtains information about your usage of the Device (translation data (including Wi-Fi access point base station information and mobile communication base station information at the time of translation), POCKETALK W terminal identification number, and communication identification number, etc.) via the Software. In any case, your information provided to Sourcenext will be handled in accordance with the Privacy Statement. Please refer tohttps://www.sourcenext.com/privacy/pocketalk-en/for the Privacy Statement.

 2. The Device transfers voice data generated when speaking through the Software and the translation data thereof, to servers of the providers of voice recognition engines, speech synthesis engines and translation engines, as well as the outsourced contractors for development and support services, etc. ("Third Party Partner") via the Internet, in such a manner that it does not identify you. Sourcenext receives technology service from Third Party Partner for the purpose of providing the Software's voice identification translation function. By using the Device, you agree that your spoken voice data and the translated data thereof will be obtained and stored through the information collection modules embedded in the Device and forwarded to Third Party Partner in such a manner that it does not identify you.

 3. The Terms & Policies and the Service Agreement of the Third Party Partner including the terms set forth in this Paragraph may apply to the Device. You shall be deemed to have agreed to the same by agreeing to these Terms and Conditions.

NUANCE DEVELOPER FOR MOBILE PROGRAM LICENSE AND HOSTING SERVICES AGREEMENT/Nuance Communications, Inc.

https://developer.nuance.com/public/index.php?task=displayProdEula

Article 4 

Temporary Disruption, Termination or Discontinuation, etc. of Service

 While you should understand that using the Service through the Device requires connecting to a third party’s server, Sourcenext will use its best effort to ensure stable operation of the Service. However, in any of the following cases, the Service may be temporarily disrupted, terminated or discontinued without prior notice to you.

 (i) In the event that the provision of the Service becomes impossible due to a breakdown, failure occurrence or any other causes in the server, communication line or any other facilities;

 (ii) When conducting periodical or urgent system maintenance, inspection, repair, or modification;

 (iii) In the event that the provision of the Service becomes impossible due to fire or power outage, etc.;

 (iv) In the event that the provision of the Service becomes impossible due to a natural disaster such as an earthquake, volcanic eruption, flood, and tsunami;

 (v) In the event that the provision of the Service becomes impossible due to war, disturbance, riot, turmoil, labour dispute, or other unexpected events; or

 (vi) Otherwise when it is considered necessary to temporarily suspend the Service for operational or technical reasons.

Article 5 

Prohibited Matters

 You are prohibited from performing any of the following acts:

 (i)     Acts that infringe the intellectual property rights such as the copyright, trademark right, patent right and design right of Sourcenext or a third party; honor right, privacy right, portrait right and other rights under laws and regulations or contracts;

 (ii)    Reproduce, modify or prepare derivative works of the Software;

 (iii)   Compile by integrating or combining part of the Software into other programs;

 (iv)   Modify, integrate, reverse engineer (disassemble, etc.), analyze, etc. of the Software;

 (v)    Sublicense or distribute the Software to a third party;

 (vi)   Transfer the Device or reproductions (except for transferring to those approved by Sourcenext);

 (vii) Rent or perform acts similar to renting the Device or reproductions; or otherwise transact used goods;

 (viii) Use the Software and reproduce or use other software beyond the scope of personal use without authorization;

 (ix)   Store the Software on the network in a manner that allows it to be transmitted to a third party;

 (x)    Perform acts that damage the credibility of the Device, the Software, Sourcenext or others or otherwise harass or slander others;

 (xi)   Acts that encourage any act which falls under any of the above Items; and

 (xii) Other acts deemed inappropriate by Sourcenext.

Article 6 

Effectuation, Etc.

 1. The Terms shall become effective when you use the Device.

 2. In the event that you are confirmed to be in breach of any of the provisions of the Terms or infringe the copyright or other property ownership rights of Sourcenext or any third party, Sourcenext may take measures to suspend the use of the Software as appropriate without notifying you.

 3. In the event that you are confirmed to be in breach of any of the provisions of the Terms or if you infringe the copyright or other intellectual property rights of Sourcenext or any third party, Sourcenext may terminate the license to you without notifying you.

 4. Sourcenext shall not be liable for any damages to you caused by the suspension of usage of the Software in accordance with the provisions of Paragraph 2 or the termination of the license of the Software in accordance with the provisions of the immediately preceding Paragraph.

Article 7 

Exemption and Limitation of Liability

 1. Sourcenext shall not guarantee that any translation results by the Device are complete and accurate, useful to you, or otherwise consistent with the purposes for which you have used the Service.

 2. Sourcenext shall not be liable for any damages incurred by you as a result of the use of the translation results by the Device.

 3. Sourcenext shall not be liable for any loss of profits, any damages due to special circumstances or any damages due to any claim for damages made by any third party against you that are due to reasons not attributable to Sourcenext arising out of or in connection with the Device and the Software or usage thereof. In addition, if Sourcenext assumes any liabilities for damages to you or other third party, the maximum amount of compensation shall, in any case, be the amount equivalent to the cost of the Device. Even if the above remedy fails to achieve its essential purpose, this provision shall apply with respect to the maximum amount of compensation.

 4. Sourcenext shall not be liable for any damages suffered by you or any other third party arising from any delay, interruption, termination or abolition of the provision of the Service due to any of the reasons which fall under any of the Items of Article 4.

Article 8 

Compensation for Damages, etc.

 1. You are liable for any damages (including attorney's fees) caused to Sourcenext in violation of any provisions of the Terms.

 2. In the event that you resell the Device or rent it to a third party for a fee, an amount equal to the profits earned when Sourcenext sells the Device or rents it to a third party for a fee shall be the damages incurred by Sourcenext.

Article 9 

Others

 1. The Terms shall be construed in accordance with the laws of Japan.

 2. The Terms may be amended by Sourcenext due to revision of laws and regulations, changes in regimes or Sourcenext’s circumstances, and if you continue to use the Device, you will be deemed to have agreed thereto. The amendments are displayed on the Sourcenext website. Please refer tohttp://www.sourcenext.com/permission/130/ for the latest Terms.

 3. The provisions of the Terms shall not preclude you from setting forth different provisions with the distributor.

 4. Any disputes relating to the Device, the Software and the Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

 If any part of the Terms is injustice or invalid or unable to be enforced for any reason, such Terms shall be deemed to be severable and shall not affect the effectiveness and binding force of any other Terms.

 

August 22, 2018

SOURCENEXT CORPORATION