Terms and Conditions of License

These Terms and Conditions describe prerequisites for using iGotcha (hereinafter “Product”) as well as rights and obligations between SOURCENEXT Inc. (hereinafter “Sourcenext”) and you. Please read this document carefully before using the Product. Please be advised that you shall be deemed to have agreed to these Terms and Conditions by using the Product.


Article 1 (Licensing etc.)Subject to your agreement to and compliance with these Terms and Conditions, Sourcenext will grant you the right to use the Product on a compatible device (hereinafter “Device”) running on a compatible operating system specified by Sourcenext (hereinafter “OS”).


Article 2 (Terms of Use for Product)

  1. You may install and use the Product on your own Device. Sourcenext does not warrant that the Product is compatible with any mobile phone devices available on the market.
  2. You may not install or store the Product on server hardware nor use the same from client hardware.

Article 3 (Trial Version of Product)

  1. You may download a trial version of the Product to use without charge for a certain period.
  2. These Terms and Conditions shall apply to the trial use of the Product, excluding the Paragraph 2, Article 7 and Paragraph 4, Article 8 thereof.

Article 4 (Instructions etc. of Use for Product)

  1. In addition to any application program developed by Sourcenext, the Product utilizes speech recognition server and speech-to-text technology for voice mail provided by third parties other than Sourcenext (hereinafter any third parties who provide the foregoing technology and service to Sourcenext are referred to as “Third Party”).
  2. All and any rights including copyright etc. related to the Product shall be held by Sourcenext or the Third Party. The License of the Product under these Terms and Conditions does not assign any right related to the Product or to any service provided through the Product to you.
  3. Please be advised that in case of changes in terms of offering of any technology or service to be provided by the Third Party to Sourcenext, terms of offering of the Product might be also changed or even the service offering based thereon might become impossible as a result of such changes.
  4. The Product is equipped with features utilizing Calling Number Display offered by each carrier as well as an address book on the Device that you are using, to send and display on the screen a voice mail notification letting you know that someone left a voice mail with the caller’s name registered in the address book of such Device (hereinafter ”Notification Feature”). The Product might transmit some of the caller’s phone number data or the address book entries from the Device you are using to any server managed by Sourcenext or the Third Party in order to make the foregoing Notification Feature work effectively. Please be advised that you shall be deemed to have agreed by using the Product that the calling data and the address book entries will be transmitted to the server for the foregoing purpose. Neither Soucenext nor the Third Party shall use any calling data or address book entries for purposes other than the foregoing purpose.
  5. Sourcenext provides the Product and the service of voice mail notification as well as voice mail transcription provided through the Product, assuming no obligation to store your voice mail (as audio data nor text data) or to validate and warrant accuracy of the voice mail. You need to keep and manage your voice mail on your own responsibility.
  6. Any service based on the Product might be interrupted temporarily for system maintenance (update and modification etc.) which is regularly conducted by Sourcenext or the Third Party. Please be advised that even during the interruption, Sourcenext will fully charge the fee for use of the Product not on a pro rate basis.
  7. Please be advised that Sourcenext, the Third Party or any other third party who is report thereto might collect and verify voice data recorded or generated by the Product for purpose of quality improvement of the Product or of refinement of the speech recognition and the transcription technology provided by the Third Party. You shall be deemed to have agreed by using the Product that the voice data shall be collected and verified within the foregoing purpose. Neither Sourcenext nor the Third Party shall use voice data for any purpose other than the foregoing purpose.

Article 5 (Effective Period)

  1. These Terms and Conditions shall come into effect at the time when you use the Product.
  2. If you violate any term of these Terms and Conditions or infringe any copyright or other intellectual property rights held by Sourcenext or the Third Party, Sourcenext may terminate the license of the Product.
  3. In case of termination of the license under the preceding paragraph, you shall immediately uninstall or remove the Product.

Article 6 (Prohibitions)

  1. When using the Product, you must not:
     

    (1) make a copy of the Product for any purpose other than backup;

    (2) modify, integrate, reverse-engineer (disassemble etc.) or analyze etc. the Product;

    (3) redistribute, sub-license, or make public transmission of the Product (including making transmittable) to any third party;

    (4) transfer, resell or assign the Product, any copy thereof (regardless of whether or not it is made for the purpose prescribed in item 1 of this paragraph) or the rights and obligations resulting from the use thereof or pledge the rights;

    (5) lease or conduct other similar activities for the Product or any copy thereof (regardless of whether or not it is made for the purpose prescribed in item 1 of this paragraph), or used items trading;

    (6) accumulate the Product on network which can be transmitted to any third party;

    (7) disclose or provide to any third party the Product’s identifying information (serial number etc.) provided by Sourcenext beyond necessary for use of the Product;

    (8) share all or part of the Product with any third party (whether in form of sales, lease, license, sub-license, distribution or assignment etc.);

    (9) impersonate a legitimate user to use the Product;

    (10) conduct any act that infringes or may infringe any copyright, patent right, utility model right, design right, trademark or any other right or technological knowledge (hereinafter “Copyrights”) held by Sourcenext or the Third Party;

    (11) use the Product for any illicit purposes, including, but not limited to use of the Product in a manner that could offend the good public order, harassment such as slandering a third party, other infringement activities, abuse of rights, and use of the same in a manner that could violate criminal laws, transmit false data or anything harmful such as computer virus or access without permission to server or any other computer owned by Sourcenext or any other third party;

    (12) put the Product to commercial use (advertisement and soliciting etc.);

    (13) record any synthetic speech generated by the text-to-speech reading service without permission and reuse such recording data;

    (14) remove any notation of the Copyrights or the registered trademarks etc. of Sourcenext or the Third Party from the Product;

    (15) use the Product for comparing or weighing up with any other product or service provided by any third party; or

    (16) use or try to use the Product and any service based thereon including not only service provided by Sourcenext but one provided by the Third Party, by means other than what is intended for the program of the Product.

  2. If you cause damages to Sourcenext by violation of any item of the preceding paragraph, including, but not limited to the prohibitions set forth in each item thereof, or by illicit acts or for any reason attributable to you, you shall compensate Sourcenext for such damages.

Article 7 (Scope of Warranty)

  1. If Sourcenext finds and fixed any bug in the program of the Product during its sales period, Sourcenext shall provide a fixed version of the software or information related to the fix, provided, however, that Sourcenext determines necessity of provision of such version or such information as well as when and how to provide. These Terms and Conditions shall apply to the fixed version of the software.
  2. Sourcenext provides certain product support specified by Sourcenext for the Product.

Article 8 (Disclaimer)

  1. THE PRODUCT IS PROVIDED TO YOU AS IS AND SOURCENEXT DOES NOT WARRANT THE FUNCTIONALITY, PERFORMANCE, RESULT OF USE, ACCURACY, RELIABILITY OR ANYTHING ELSE, EXPRESS OR IMPLIED. You shall use the Product on your own responsibility and Sourcenext shall not assume any liability, obligation, loss or damage, including, but not limited to system crash and data corruption (hereinafter “Liabilities”), incurred to you in connection with the use of the Product. SOURCENEXT EXPRESSLY DISCLAIMS ANY WARRANTY OF TITLE, IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PARPOSE AND NON-INFRINGEMENT.
  2. Sourcenext may interrupt or terminate any service provided through the Product or change the contents of such service without prior notice to you.
  3. Sourcenext deems the voice mail transcription technology utilized for the Product to be just an acceptable technology and does not warrant any accuracy or integrity etc. of the generated transcript.
  4. Soucenext shall not assume any warranty or liability for defects other than what is prescribed in the preceding Article. If Sourcenext assumes any liability for damage to you or any other third party, the compensation is limited to the amount equal to the value of one month’s fee for use of the Product in any case. IN NO EVENT SHALL WE LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFIT OR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, PUNITIVE, OR ANY DAMAGE INCURRED FROM A CLAIM FOR COMPENSATION FOR DAMAGES AGAINST YOU FROM A THIRD PARTY, ARISING FROM THE PRODUCT OR USE THEREOF.

Article 9 (Prohibition of Transfer of Rights and Obligations)

You may not transfer to any third party or pledge the status or any of the rights and obligations under these Terms and Conditions.


Article 10 (Severability)

If any term of these Terms and Conditions or any part thereof is subsequently held invalid by any laws or regulations, such invalidity shall in no way affect the validity of any other terms thereof.


Article 11 (Miscellaneous)

  1. These Terms and Conditions shall be interpreted according to the laws of Japan.
  2. Sourcenext may revise the contents of these Terms and Conditions in response to any revision of the laws and regulations or our circumstances and you shall agree to comply with such revised version in advance.
  3. Any revised version of these Terms and Conditions will be uploaded on our website. Please find the latest version from here (http://www.sourcenext.com/permission/89/). The revised version shall come into effect when uploaded and released and you shall be deemed to have agreed to such version at the same time.
  4. The Terms & Policies and the Service Agreement of the Third Party set forth in this Paragraph may apply to the Product. You shall be deemed to have agreed to the same by agreeing to these Terms and Conditions.
     

    ・TROPO Terms & Policies／Cisco Systems, Inc

    （https://www.tropo.com/terms-policies/）

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

    （https://network.nuance.com/imageserver/plumtree/portal/custom/legal/disclaimer-nc.html）

    Any dispute which may arise in relation to the Product and these Terms and Conditions shall be exclusively brought in the Tokyo District Court of Japan.

（As of May,22,2018）