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‘Fuji-meguri’ Software Terms of Use Agreement


‘Fuji-meguri’ is a software (hereinafter referred to as the “Software”) provided by the Yamanashi prefecture (hereinafter referred to as the “Prefecture”) that enables you to access and trace the experiences in its wide variety of contents. This Software is made available for personal use only and not for any commercial purpose whatsoever. By downloading or otherwise using the software, you agree to be bound by the terms and conditions in the ‘Fuji Tour’ Software Terms of Use Agreement (hereinafter referred to as the “Agreement”).

1.     Acceptance of Agreement

The Agreement constitutes the terms of use of the Software provided by the Prefecture. Users of this Software (hereinafter referred to as the “User”) is agreeing to comply with and bound by the Agreement.

2.     Definitions of terms

The terms in the Agreement are defined as follow:-

  1. “Contents” include all information in or available through the Software (including and not limited to image, video, audio and text of all materials).
  2. “Fuji Tour Contents” refer to the materials authored by the Prefecture made available through the Software.
  3. “Third-party Contents” in the Software are owned and provided by Third-party sites independent from the Prefecture. A provider of such contents is also referred to as a “Third-party Provider”.
  4. “Third-party Services” refer to the services provided by a Third Party for the use of this Software. A provider of such services is also referred to as “The Third-Party Service Provider”.

3.     Scope of the Software

  1. The Prefecture maintains the Software as a free service to the User. The Contents in the Software are determined by the discretion of the Prefecture.
  2. The Prefecture, provider of the Software and no other software, allows the download and installation of the “Fuji Tour” software by the User agreeing to the terms and conditions stated in the Agreement. All operating procedures and the system requirement specifications for the Software are available on a separate website created for the Software.
  3. The User, at his/her own expense, is responsible to provide for the system requirements necessary to use the Software.

4.     Updates to the Contents and the Agreement

The Prefecture reserves the right in its sole discretion to update the Software Contents, the Agreement and the Software management entity as and when necessary without the approval of the User. The User will be notified of the updated version through the website of the Software and/or with other methods deemed appropriate to the Prefecture. After the User is aware of the updates, he/she agrees to be bound by the new version upon the continued use of the Software.

5.     Software service period and Contents viewing period

  1. The Prefecture reserves the right to suspend or cease providing the Software service, with prior notice to the User through the website of the Software and/or with other methods deemed appropriate to the Prefecture. The Prefecture shall have no liability or responsibility to the User in any manner whatsoever if the Prefecture chooses to do so.
  2. The Software grants the User only a limited access period for each of the contents provided. Once the access period is expired, the viewing of Contents shall discontinue.

6.     Ownership of rights

  1. The Prefecture grants the right of use of the Software on the basis of the Agreement.
  2. The contents of the Software and “Fuji Tour Contents” are protected by copyright (as stated in Copyright Law Article 27 and Article 28) and all of the intellectual property rights including moral rights of author, patent, trademark and know-how, are owned by or licensed to the Prefecture. Except being defined explicitly in the Agreement, the Prefecture does not grant any of these rights to the User.
  3. Copyright and other intellectual property rights in the “Third-party Contents” are reserved to the Third-party Provider. And when the Software requires the use of Third-party service, the User is to recognize that the copyright and other intellectual property rights relating to Third-party belong to the Third-party Provider or to the person who has licensed the rights to the Third-party Provider. The User is also to agree to and comply with the terms or policies of the Third-party Provider after being made known to the User. Failure to comply or any violation of the terms or policies defined by the Third-party will constitute the violation of this Agreement.

7.     Prohibitions and Restrictions

The User in using this Software shall agree not to perform the acts specified in each of following items.

  1. The use of the Software for purposes other than its intended use.
  2. To copy, disintegrate, add-on, supplement, edit, delete, modify, reproduce and in other methods to change the Software in any aspect.
  3. To reverse engineer, decompile, disassemble and in other methods to perform the analysis of the Software in any aspect.
  4. To transfer, collateralize and in other disposal methods, with or without payment, in dealing with the right of use of the Software.
  5. With or without payment, to transfer, resell, collateralize and in other removal methods in dealing with the right of use of the Software.
  6. To delete, remove and in other methods to change the copyright notice, mark of ownership and/or other authoritative emblems of the Software in any aspect.
  7. The infringement or violation of property rights, privacy, reputation and other rights of the Prefecture and the Third-party Providers.
  8. The use of this Software for unlawful purposes.
  9. To intentionally send false information or infected computer programs in relation to the Software.
  10. The conduct of an act that will potentially interfere the Software and other business operations of the Prefecture.
  11. The conduct of an act that violates the country’s laws and regulations, terms and conditions in this agreement, public order and standards of decency, that damages the credibility of the Prefecture or the Third-party Provider, that results in the disadvantages of the Prefecture or the Third-party Provider.
  12. The conduct of other acts that may result to the same effects in the earlier-mentioned points or other similar acts.

8.     Suspension/Termination of Software

  1. The Prefecture may in its sole discretion suspend or cease providing all or part of this software in the event when any of the following happens.
    • (1) In the event of an emergency, including but not limited to the act of God, fire, earthquake, floods, war, upheaval, riots, power failure, labor dispute or other emergencies occur or likely to occur.
    • (2) In the event of regular or urgent maintenance is conducted on the server designated by the Prefecture for the Software and extended to other equipment operated or management by the Prefecture.
    • (3) In the event of software irregularity, failure and interruption or with other reasons disrupting the provision of the Software service occur to the server designated by the Prefecture for the Software and other equipment operated or management by the Prefecture.
    • (4) In any other event that the Prefecture deems the need to suspend all or partial of the Software service.
  2. In the event when the suspension or termination of all or partial service of the Software when any of the above-mentioned happens, the Prefecture, in the way it deems appropriate, will give advance notice to the User through the website of the Software. However, in the event of an emergency, the Prefecture holds the right to suspend or terminate all or partial service of the Software without giving notice.
  3. The Prefecture will not be liable for any damage caused to the User or the Third-party in the suspension or termination of all or partial services of this Software.

9.     Handling of Location Information

  1. The Prefecture collaborates with telecommunications operators and location information service providers (hereinafter referred to as “Location Information Providers” to provide the service of location information (hereinafter referred to as “Location Information Service”).
  2. By using the Software, the User agrees to follow and comply with the regulations and policies of the Location Information Providers.
  3. By using the Location Information Service of the Software, the User agrees to provide and authorizes the use of location information of own mobile device to the Location Information Providers.
  4. The Prefecture will not be held responsible for the accuracy of location information in the Location Information Service.

10.  Handling of User Information

  1. By using the Software, the User agrees to provide and authorizes the use to the Prefecture for his/her viewing history information (number of times in viewing the works, etc.), location information and unique identification details issued by the "Fuji Tour" Software.
  2. However, any information that may identify the individual, such as ID of the User’s mobile devices, shall not be obtained.
  3. The obtained information is to be used to capture the frequency of usage and for future quality improvements. The statistical data collected may be published in thesis papers for academic research purposes.

11.  End of Software service

  1. In accordance with the Agreement, at the end of the Software service, the User is obligated to follow and perform the procedures regulated by the Prefecture to end the use of the Software.
  2. In the event when the User fails to comply or violate any terms of the Agreement, the Prefecture reserves the right to reject the User to use the Software.
  3. The above point does not hinder or interfere with the Prefecture to make claims against the User for damages resulted from the User’s violation of the terms in the Agreement.
  4. In the event when the User after agreeing to the terms and conditions of the Agreement cancels or terminates the contract with the Prefecture, or when the Software service ends, Clause 6 (Ownership of rights), Clause 9 & 10 (Handling of Location Information and User Information), Clause 11 (End of Software Service), Clause 12 (Limitation of Liability), Clause 13(Separability), Clause 14(Governing Law), Clause 15(Settlement of Disputes) will take effect.

12.  Limitation of Liability

  1. The Prefecture does not give warranty in any kind to the User or Third-party Provider regarding the contents of the Software and the information contents obtained through the use of the Software, for completeness, accuracy, reliability, usefulness, no defects or error-free.
  2. In the event that the User caused harm to a third party (including other Users) as a result of his/her use of this Software, the User shall resolve the matter at his/her own responsibility and cause no harm to the Prefecture.
  3. Under no circumstance is the Prefecture liable to the Users for any damage arising from providing the Software service and/or caused by the actions of the Users and the Prefecture in accordance with this Agreement (Including and not limited to the failure / malfunction of Software, the failure / malfunction of mobile devices due to installing Software in Users mobile devices, the damage due to negligence of Users during the use of Software, the change/suspension/termination/commercial dispute of the Software).
  4. The Third-party Providers’ content, which is provided by the Prefecture in this Software, is an invention made solely by the Third Party in its own responsibility. The Prefecture does not give warranty in any kind and in no way obligated to check the authenticity or credibility of the Third-party contents.

13.  Separability

If any provision(s) of these terms is held to be invalid or unenforceable, all other provisions shall remain in full force and effect and binding.

14.  Governing Law

These terms shall be governed by and construed in accordance with laws of Japan for the effectiveness, interpretation and implementation.

15.  Settlement of Disputes

  1. In the event when suspicion or dispute arises between the User and the Prefecture regarding the terms in the Agreement or matters not specified in the Agreement, both parties shall settle the the suspicion or dispute through consultation in good faith.
  2. All disputes arising in connection with this Agreement shall be submitted to the exclusive jurisdiction of The Kofu District Court in the first instance.