Terms and Conditions of Use of Downloadable Data
■ Clause 1: Definition
In the Rules, Downloadable Data refers to electronic data files (PDF data and DXF data, as well as other data files usable on specific applications) which can be downloaded and/or viewed through this Site. And Downloadable Data includes 3D CAD data which can be downloaded through PART Community website produced by CADENAS WEB2CAD Inc.
■ Clause 2: Usage Permission
As long as the User abides by the Rules, CCS grants a non-exclusive, non-transferable and limited license to the User to enable him/her to conduct the following activities:
1) To download and store Downloadable Data on one computer and recording medium of the User.
2) To view the stored Downloadable Data solely with the purpose of examining the feasibility of adopting CCS products.
3) To view the stored Downloadable Data solely with the purpose of examining and designing an User's product which adopts a CCS products.
■ Clause 3: Changes in Downloadable Data
CCS may change or delete the Downloadable Data at any time, without prior notice.
■ Clause 4: Prohibited Activities
1) The User shall not delete the copyright notice or notices about other rights displayed or incorporated in the Downloadable Data.
2) The User shall not modify any part of the Downloadable Data.
3) The User shall not disclose the Downloadable Data to a third party.
4) The User shall not sell, transfer, rent or otherwise dispose of the Downloadable Data.
5) Under no circumstances shall the User perform any activity other than those specified in Clause 2 (Usage Permission). CCS particularly prohibits the reproduction of the Downloadable Data and development of User’s data based on the Downloadable Data.
■ Clause 5: Reservation of Rights
The proprietary rights and intellectual property rights of the Downloadable Data are reserved by CCS or by the entitled person. These rights are not transferred to the User through usage permission under the Rules.
■ Clause 6: Maintenance of Confidentiality
The User shall keep Downloadable Data in confidence, and shall use it solely for his/her personal use (or within the company, if the User is a company). If the User transfers or resells the computer or recording medium in which the downloaded Downloadable Data is stored, he/she must completely remove the downloaded Downloadable Data from it beforehand. Any activity violating this shall be treated as a violation of Clause 4 (Prohibited Items).
■ Clause 7: Cancellation of Usage Permission
If the User violates any provision of the Rules, the usage permission for Downloadable Data under the Rules shall be automatically terminated. In such a case, the User shall immediately delete all downloaded Downloadable Data.
■ Clause 8: Availability Conditions
The usage permission for Downloadable Data is granted free of charge. Therefore, the Downloadable Data shall be used under the sole responsibility of the User in each of the conditions mentioned below:
1) The Downloadable Data is provided “as is” without any warranty. CCS does not assume any responsibility whatsoever with regard to the Downloadable Data, even in the case of a mismatch between the drawing data and actual product dimensions, abnormalities, including any errors in the content, nonconformance to the User’s purpose, or any other problem.
2) While CCS has the right to publish the Downloadable Data on this Site, it does not warrant that the use of the Downloadable Data shall not cause an infringement of the intellectual property rights or other rights of a third party. If, in any case, use of the Downloadable Data causes an infringement of the rights of a third party, the issue shall be resolved under the responsibility and at the expense of the User.
3) CCS does not bear any obligation to provide support service for the Downloadable Data (including all forms of support, such as replies to queries, correction of errors, and release of updated versions).
4) The Downloadable Data shall be used at the discretion of the User upon his/her consent to all conditions of the Rules. The User shall assume complete responsibility of all matters arising out of the use of or inability to use the Downloadable Data.
5) CCS is not liable to make any corrections of any kind even in the case of errors in the Downloadable Data, improper functioning, or other defect. CCS may correct or update the Downloadable Data, but the decision to release such revised version rests within the sole discretion of CCS.
■ Clause 9: Limitation of Liability for Damages
CCS does not assume any responsibility whatsoever for any losses or damages (including, but not limited to, lost profits, interruption of business, loss of business opportunities, and other direct or indirect damages) arising out of the use of or inability to use the Downloadable Data. The same holds true even if CCS has been advised of the possibility of such damages.
■ Clause 10: General Stipulations
The Rules constitute a legal agreement representing the mutual consent of the User and CCS concerning the use of the Downloadable Data. Should some or a part of provisions of the Rules become invalid, the validity of the other provisions remains in effect.
All matters concerning the Rules and the Downloadable Data shall be construed in accordance with the laws of Japan. Any dispute with CCS arising in relation to the Rules and the Downloadable Data shall be subject to the exclusive jurisdiction of the Kyoto District Court for the original jurisdiction.