PrimeSeat Download

SOFTWARE LICENSING AGREEMENT

PLEASE READ THIS CAREFULLY BEFORE YOU USE PRIMESEAT (THE “SOFTWARE”). THE FOLLOWING IS THE SOFTWARE LICENSING AGREEMENT BETWEEN YOU, THE END USER, (REFERRED TO IN THIS AGREEMENT AS “YOU” OR “YOUR”) AND KORG INC. (REFERRED TO IN THIS AGREEMENT AS “KORG”) FOR YOUR USE OF THE SOFTWARE. THE SOFTWARE PROGRAM IS LICENSED BY KORG TO YOU FOR USE ONLY ON THE TERMS SET OUT HEREIN. BY USING (OR INSTALLING) THE SOFTWARE, YOU ARE AGREEING TO THE TERMS SET OUT IN THIS AGREEMENT. IT IS THEREFORE IMPORTANT THAT YOU READ THIS LICENSING AGREEMENT WITH CARE BEFORE USING THE SOFTWARE.

1. User license and copyrights
The Company licenses to customers the non-exclusive right to use, on computers under customers' administration only, the program and data files that constitute this software, as well as possible future version upgrade programs and data files (in the following, the “Licensed Program”). This license is a sub-license granted by the Company for the Licensed Program under license from Korg Inc., which holds the copyrights to the Licensed Programs.
All matters concerning the Licensed Program pertain exclusively to the object code of the program that constitutes the Licensed Program.
The rights to the Licensed Program and related copyrights and the copyrights to the content of all written instructions and other documentations are held either by the Company or Korg Inc.
2. Limitation of use
Because the Licensed Program includes information protected by copyrights, customers shall not by reverse compiling, disassembling, reverse engineering, or by any other method attempt translation into a form accessible to human perception (except where permitted by law).
The Licensed Program must not in any part or in total be reproduced, modified, altered, leased, resold, assigned, rented-out, sublicensed, distributed, and derivative works thereof must not be produced based on the content of the Licensed Program.
The Licensed Program must not be transmitted to other computers over a network.
3. End
This agreement takes effect on the day customers receive the Licensed Program.
If a customer has breached any provision of this agreement or infringed the copyright of the Company to the Licensed Program, the user license under this agreement shall terminate automatically without notice of termination from the Company.
In such a case, the customer must immediately discard the Licensed Program and any and all replications (if any).
4. No warranty
The Company and Korg Inc. offer with respect to the Licensed Program no warranty for reliability, accuracy, degree of completion, usefulness, and the safety of computers where downloaded, etc. Customers shall agree with regard to all of the aforementioned to use the Licensed Program at their own judgment, responsibility, and risk.
In the case of providing version upgrade programs, the Company may modify the specifications of the Licensed Program without advance notice.
5. Waiver
The Company and Korg Inc. accept in no circumstances any liability for any damages that arise from the use of the Licensed Program. This exemption from liability (to the extent permitted by law) takes precedence over any and all warranties, conditions, promises, and explanations, express and implied, statutory or non-statutory, including the status, quality, function, marketability, and suitability for a specific purpose, of the Licensed Program provided under this agreement.
6. Support service
The Company provides support in accordance with the procedures to be set out separately. However, this support concerns exclusively the Licensed Program of the software. No support is provided for the computer OS and DA converters, etc., used by customers. Moreover, the content and scope of support are subject to change at the judgment of the Company.
7. Access log acquisition
The Company maintains customer access logs. Access logs include data such as the IP address at the time the Licensed Program is downloaded and used and the types of audio devices and operating systems used by customers.
Access logs are used for improving the Licensed Program and the distribution platform of the software (“Purpose of Use”). Access logs are not used for any other purposes.
The Company may within the scope of the Purpose of Use share access logs with third parties.
8. General matters
License under these terms of use is granted to individual customers. Rights and obligations under this agreement are not transferrable without the advance written permission by the Company.
If any provision of this agreement is held to be invalid, unlawful, or unenforceable in the judgment of the court having jurisdiction or such other authority, the provision concerned must be segregated from this agreement, with all other provisions remaining in force and effect to the maximum degree permitted by the law and with their enforceability continuing.
This agreement shall be governed by, and be construed in accordance with, the laws of the country where this product was purchased.
With respect to jurisdiction and venue the abovementioned location applies regardless of any conflict of law provisions.
The article headings used herein are for reference and convenience only and have no bearing on the construction of any provision of this agreement.

Terms of Use

  1. Article 1. Application of the terms of use

    These PrimeSeat Service Terms of Use (“Terms of Use”) constitute with respect to the PrimeSeat service (the “Service”, as defined in article 3) provided by Internet Initiative Japan Inc. (“Company”) the details of the agreement between the Company and the Service users (“Users”, as defined in article 3).

  2. Article 2. Amendment of the Terms of Use

    The Company may amend the Terms of Use in part or in total without advance notice and without customers' approval. Amendments of the Terms of Use shall take effect at the time such amendments are posted on this Site (as defined in article 3). Subsequently the amended Terms of Use apply to all matters concerning the Service.

  3. Article 3. Definitions

    For the purposes of the Terms of Use, the following words have the meanings respectively defined below.

    • 1. The “Service” means services for the streaming and distribution by the Company of contents such as music and other programs.
    • 2. The “Software” means the “PrimeSeat”, a dedicated software to be offered separately by Korg Inc. for realizing the functions necessary for the Service.
    • 3. The “Site” means the main website for the provision of the Service established at a URL determined separately hereof by the Company.
    • 4. “Users” means persons who use the Service.
    • 5. “Contents” collectively means, primarily the music provided by the Company through the Service, and also video, imagery (including photography), audio, communication, and such other information the Company provides through the Service.
    • 6. “Product” means a usage unit combining a set charge amount (including cases that are free-of-charge), a viewing and listening period, and the Contents, etc. involved.
    • 7. “Usage Terminal” means the device necessary for the use of the Service on a personal computer having an Internet connection function.
    • 8. “Contents Providers” means persons who provide Contents for dissemination through the Service.
  4. Article 4. Details, types, etc. of Service

    • 1. The Service consists of services on the Site for streaming and dissemination primarily of music.
    • 2. The Service includes the provision of the entire Contents on the Site. All of the Contents are provided to Users, within the range determined in this agreement, by the Company, affiliates of the Company, and Contents Provider. The copyrights for the selection, editing, arrangement, and improvement of the Contents provided on the Site are owned by the Company.
    • 3. The Company may, at any time without prior notice to Users, change, make additions, or terminate, etc., the name or the details of the Service.
  5. Article 5. Usage requirements

    • 1. In order to use the Service, Users must at their own cost and responsibility, and without the involvement of the Company, arrange for and maintain the equipment (including terminals for use) necessary for using the Service as well as software and the agreements necessary for using an Internet connection, etc.
    • 2. For using the Service on the Site, the Software must be installed on the user terminal and a USB-DAC must be connected.
    • 3. Under-age persons, of-age wards, or persons with a curator or assistant assigned to them cannot use the Service without the permission of their legal representative, guardian, curator, or assistant.
  6. Article 6. Charges, etc.

    • 1. The Company prescribes for each Product on the Site service charges (“Charges, etc.”) for the use of the Service.
    • 2. Users are under obligation to pay according to a payment methods separately stipulated the Charges, etc., to the Company.
  7. Article 7. Temporary suspension and discontinuation of the Service by the Company

    If the Company recognizes any of the following events has occurred or threatens to occur, the Company may upon advance notice published on the Site suspend in part or in total the provision of the Service. In such a case, the Company incurs no liability for any loss and damages sustained by Users as a consequence thereof. Notably, Users agree in advance that if required in an emergency, the said notice may be given after the event.

    • (1) In case of downtime of equipment functions due to maintenance, construction, or damage, etc. of equipment necessary for the provision of the Service.
    • (2) In case the provision of the Service is rendered impracticable due to an event of force majeure, including, but not limited to, natural disasters.
    • (3) Other operational or technical interference arising to the Company in connection with the provision of the Service.
  8. Article 8. No assignment of rights and obligations

    Users shall not, in part or in total, assign, pledge, loan, provide as collateral, or otherwise dispose of this Agreement, their rights and obligations under this Agreement, and their contractual status of this Agreement.

  9. Article 9. Indemnification

    Users who breach the Terms of Use or laws and regulations are liable to indemnify any and all damages (including reasonable attorney's fees) that may arise as a consequence thereof to the Company, Contents Providers, or other third parties.

  10. Article 10. Prohibitions

    Users shall not in the use of the Service engage in any of the acts prescribed in the following items.

    • 1. Acts that damage the equipment of the Company
    • 2. Acts that infringe on any of the Company's or third parties' copyrights, patent rights, and other rights and interests related to the Service of the Company
    • 3. Acts in breach of laws and regulations, etc., involving the use of the Service
    • 4. Acts that interfere with the operations of the Service
    • 5. Acts of using the Service for commercial purposes
    • 6. Acts in breach of public order and morals
    • 7. Acts that involve with respect to Contents provided by the Service the posting thereof with dissemination services, etc., including free-of-charge re-dissemination sites, or the dissemination thereof to third parties
    • 8. Acts that involve with respect to Contents provided by the Service the replication thereof on DVD or other recording media and the distribution thereof to third parties
    • 9. Acts that involve with respect to the contents protection applied by the Service the circumvention or disabling of such protection by technical modifications or other methods
    • 10. Acts that involve with respect to audio, etc., distributed by the Service the reproduction, publishing, screening, making public, transfer, public transmission, enabling of transmission, alteration, and other usage, respectively, outside the scope of the personal use permitted under the Copyright Act
    • 11. Acts that involve with respect to the telecommunications equipment, computers, and other devices of the Company unauthorized access or acts that interfere or might interfere with their use or operations
    • 12. Acts that involve harming the credibility of the Company or causing other disadvantage to the Company
    • 13. Acts that incite, promote, or facilitate any of the acts listed in the foregoing items
    • 14. All other acts judged inappropriate by the Company
  11. Article 11. Copyrights

    All copyrights, rights neighboring on copyrights, trademark rights, and such other rights related to any and all Contents, etc., provided by the Service belong either to the Company or to third parties such as the Contents Providers who are licensors to the Company. Users are permitted to use the said Contents, etc., only for the purpose of viewing and listening in accordance with the Service and are outside this scope barred from reproducing, selling, renting out, publicly transmitting (including enabling public transmission), screening, altering, adapting, and any and all such other methods of use thereof.

  12. Article 12. No warranties

    • 1. The Company offers with respect to the details of the Service and the types of Contents, information, etc. provided by the Service no warranty for completeness, accuracy, reliability, usefulness, fitness for a purpose, satisfaction, and other matters.
    • 2. The Company incurs no liability for damages sustained by Users in connection with the Service unless expressly set out in the Terms of Use. Provided, however, that the above provision is not applicable to the damages due to willful misconduct or gross negligence of the Company.
  13. Article 13. Court of jurisdiction

    If litigation becomes necessary in connection with the Service Agreement, the Tokyo District Court or the Tokyo Summary Court shall be the agreed courts of exclusive jurisdiction.

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