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| BBbroadcast
End User Licence Agreement |
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| TVBank Corp. |
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Installation or use of the “BBbroadcast”
application software (hereinafter called the “Software”)
shall be deemed to constitute consent to and entry into this
BBbroadcast License Agreement (hereinafter called “this Agreement”)
with TV Bank Corp. (hereinafter called the “Company”). This
Agreement is legally binding; any party not consenting to
the terms of this Agreement shall not be granted by the Company
the license required to install or use the Software. This
Agreement shall be provided in several languages including
English. In the event of any inconsistency among these language
versions, the Japanese version of this Agreement shall prevail.
1. Grant of License
1.1 The Company grants each user
(hereinafter called the “User”) of the streaming content
distribution service using the Software (hereinafter called
the “Service”) a nontransferable and nonexclusive license
to install and use the Software on the User’s PC solely for
the purpose of using the Service as provided for in this
Agreement.
1.2 The license granted as described
in the preceding paragraph shall terminate on the date specified
by the Company (separately from this Agreement). In the event
the Company terminates the license, the User must immediately
suspend use of the Software and uninstall it from the User’s
PC.
2. Responsibility of the User and Prohibited Actions
2.1 The User shall be granted
a royalty-free license to use the Software. However, the
User shall be personally responsible for any costs and expenses
needed to maintain the User’s PC, connect to the Internet
to download the Software, or for any other incidental expenditures
(including repair costs).
2.2 In order to play the video,
the Software requires the video software designated by the
Company (separately from this Agreement). Should the User
wish to use the video software, the User must consent to
a license to use such software and download and install the
software at the User’s responsibility.
2.3 Should the User discover
any problems while using the Software, the User must promptly
suspend use of the Software, uninstall it, and take any other
measures needed to avoid damage.
2.4 When using the Software,
the User is solely responsible for the security of the PC
on which the Software is run, including the security of data
stored on the PC.
2.5 The User shall be prohibited
from:
| (a) |
using the Software for a commercial
purpose (i.e., other than for personal use) or transmitting
the Software to others; posting the Software on a website
accessible to the general public; or reproducing, publishing,
broadcasting, distributing or publicly transmitting
the Software, or causing third parties to do the same,
without the permission of the Company;/td>
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| (b) |
reverse engineering, decompiling,
disassembling, altering, translating, or modifying
the Software, or using the Software for a purpose other
than that specified herein; |
| (c) |
hindering, interrupting, confusing,
or disrupting a server, network, etc., that the Company
uses or connects to; |
| (d) |
conducting any inappropriate actions
that may restrict, control, disrupt, deteriorate, or
interrupt the ability of the Company to monitor any
service, backbone, transmission channel, or any other
networking services used or provided by the Company;
or |
| (e) |
conducting any other actions similar
to the foregoing. |
3. Copyright
The Software is protected by the Copyright Law and other
laws and conventions on intangible property. The User understands
and agrees in advance that the copyright and any other rights
to the Software shall belong to the Company or any right
holder of the Software.
4. Limitation of Liability
4.1 Under no circumstances shall
the Company be liable for special, indirect, incidental,
or consequential damage, directly or indirectly, caused to
the User or other third parties by the Software (including,
but not limited to, loss of profit, loss of information,
including confidential information, suspension of business,
bodily injury, loss of privacy, damage arising from neglect
or negligence of any obligations related to good faith use,
care of a good custodian and any other obligations, financial
loss, or any other loss or damage), whether or not the User
has notified the Company of the possibility of such damage.
4.2 The Company does not warrant
that the Software is complete, correct, reliable, useful,
or free from any computer virus. The Company shall not be
responsible in any way for the inability of the User to use
the Software or for loss of data or the Software stored on
the User’s PC.
4.3 The User agrees in advance
to the following arising from the reception of streaming
data, and the Company shall not be responsible for any resulting
damage that arises:
| (a) |
The Software uses a method similar
to unicast (i.e., when the Software receives data packets,
it relays and transfers the packets to other users
who wish to receive the same content streaming data)
that may overload the User’s PC or Internet connection,
resulting in slow communication speeds, decreased processing
speed or throughput of the PC. |
| (b) |
Users for whom the same content is
being relayed and transferred are able to detect each
other’s IP addresses. |
4.4 If use of the Software by
the User inflicts loss or damage to a third party, the Company
shall not be responsible in any way for such loss or damage.
In such case, the User shall be solely responsible at the
User’s own expense to address such loss or damage incurred
by the third party and any other problems arising in connection
therewith, and such efforts shall cause no burden to the
Company.
4.5 In the event the User causes
damage to the Company due to any breach of this Agreement
or as a result of any dishonest or illegal acts, the Company
shall be entitled to claim against the User compensation
for such damage.
5. Prohibition of Assignment
The User shall not assign, transfer, lend, pledge, hypothecate,
or otherwise dispose of the User’s contractual position to
use the Software or any of the rights and obligations arising
from this Agreement.
6. Governing Law; Agreed Jurisdiction
This Agreement shall be governed by the laws of Japan in
all respects. The Tokyo District Court or the Tokyo Summary
Court, as the case may be, shall be the court of first recourse
and shall hold exclusive jurisdiction over any actions and
proceedings instituted in connection with this Agreement.
Established and implemented on September 19, 2006
Amended on October 20, 2006
Amended on July 31, 2008
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