This Agreement sets forth the terms and conditions under which Fairy Devices Inc. (hereinafter referred to as "the Company") provides firmware, related programs, and electronic files (hereinafter referred to as "the Software") for the THINKLET Development Device (hereinafter referred to as "the Product") to users (including individuals and corporations) and governs the use of the Software by users.
The Software is provided as an integral part of the Product and may only be used for the purpose of operating the Product. This Agreement applies to the Software provided by the Company to users, as well as copies of the Software created by users in accordance with Article 1, Paragraph 1 of this Agreement.
Article 1 (Grant of License)
1. The user may install and use the Software on the Product owned by the user.
2. The user shall not resell or transfer the Product installed with the Software to a third party. Additionally, the user shall not lend or distribute the Software for profit.
3. Except as expressly provided in this Agreement, the user shall not sublicense, sell, distribute, lease, rent, lend, or transfer the Software, upload it to any website or server accessible by specific or unspecified persons, or modify, translate, adapt, or convert it into another programming language. The user shall also not modify, alter, disassemble, decompile, or reverse engineer the Software, nor allow a third party to perform such acts.
4. The user shall not change, remove, or delete any copyright notices contained in the Software.
5. Except as expressly provided in this Agreement, the Company does not grant or license the user any intellectual property rights related to the Software.
Article 2 (Ownership of Rights)
1. The Software is protected by copyright law and other applicable laws, and all intellectual property rights related to the Software shall belong to the Company.
2. The user acknowledges that the Company does not transfer any intellectual property rights related to the Software to the user under this Agreement or through any other means.
Article 3 (Export Control)
The user shall comply with all applicable export control laws and regulations of the relevant country and shall not directly or indirectly export or re-export all or part of the Software in violation of such laws or regulations.
Article 4 (Support and Updates)
The Company shall not be liable for the maintenance of the Software or for assisting the user's use of the Software. The Company shall also have no obligation to update, fix bugs, or provide support for the Software under this Agreement.
Article 5 (Limitation of Liability)
1. The Software is provided "as is." The Company makes no warranties, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, security, or non-infringement, except as required by law.
2. The Company shall not be liable for any damages (including, but not limited to, lost profits, consequential, or incidental damages) arising from the use or inability to use the Software, except in cases of willful misconduct, gross negligence, or where liability cannot be legally excluded. Even if the Company was aware of the possibility of such damages, this limitation shall apply. In any case, except for willful misconduct or gross negligence by the Company, compensation shall be limited to the purchase price of the Product.
3. The Company shall not be liable for any disputes arising between the user and a third party related to or resulting from the use of the Software.
Article 6 (Term and Termination)
1. This Agreement shall take effect on the date the user installs the Software in accordance with Article 1, Paragraph 1.
2. This Agreement shall automatically terminate if the user disposes of the Product.
3. If the user violates any provision of this Agreement, the Company may immediately terminate this Agreement.
4. Upon termination of this Agreement under Paragraph 3, the user shall immediately destroy or return the Product to the Company. The Company shall not provide any refunds for the returned device.
5. Notwithstanding any other provisions of this Agreement, Articles 2 through 6 shall remain in effect even after the termination of this Agreement.
Article 7 (Severability)
If any provision of this Agreement is found to be invalid, the remaining provisions shall remain in full force and effect.
Article 8 (Governing Law and Jurisdiction)
1. This Agreement shall be governed by and construed in accordance with the laws of Japan.
2. In the event of a dispute between the Company and the user regarding the use of the Software, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.
Article 9 (Amendments and Changes to the Agreement)
1. The Company may change this Agreement in accordance with Article 548-4 of the Civil Code.
2. In the event of changes to this Agreement, the Company shall clearly indicate the contents of the changes and the effective date and notify users through the Company's official website for the Product a reasonable period before the effective date.
Revision History
February 9, 2025: Initial version