yoshinoGRAPH - end-user agreement

End-user agreement

Software Products: yoshinoGRAPH and accompanying documentation ("Freeware").
Licensor: Harukazu Yoshino

This is a legal agreement between you, an End-User, and Licensor.

By downloading and installing the Freeware, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, do not install this Freeware and delete any copies of the Freeware that you have downloaded.

This Freeware is provided to you free of charge for non-commercial purposes only. Obtaining a license to this Freeware from any party other than Licensor and/or paying a fee for such license is strictly forbidden. If you are aware of any unauthorized third party distributing this Freeware and/or charging a fee for this Freeware, please report such violations to your consumer protection authorities.

Distribution on Internet and Other Media Such as CD-ROM

1. The Licensor grants you the right to make this Freeware available on an Internet site for the purpose of downloading, as long as no fee is charged for said download.

2. The Licensor grants you the royalty-free right to reproduce and distribute this Freeware as part of a CD-ROM and/or DVD-ROM to be enclosed with the print issue of any magazine, book or printed publication, as long as said CD-ROM/DVD-ROM and printed publication contain material that would have been distributed regardless of the inclusion of this Freeware, and no extra fee is charged for inclusion of this Freeware.

License Terms and Conditions

1. Grant of license

This agreement grants you the following rights:

(a) Installation and Use. You may install and use an unlimited number of copies of the Freeware.

(b) Reproduction and Distribution. You may reproduce and distribute an unlimited number of copies of the Freeware; provided that each copy shall be a true and complete copy, including all copyright notices, and shall be accompanied by a copy of this agreement. Copies of the Freeware may be distributed as a standalone product or included with your own product.

(c) Commercial and/or Academic Use. You may use graphs and results of calculations obtained from the use of the Freeware in any publications and in any presentations. You may use the Freeware to demonstrate your graphs obtained from the use of the Freeware at any kinds of meetings within the confines of the law.

2. Copyright

The Freeware is owned by Licensor and is protected by copyright laws, international treaty provisions, and other national laws. You agree that you have no right, title or interest in the Freeware, except as set forth in Subsection I.

3. Other restrictions

You may not rent, lease, sell or transfer the Freeware to any third party. You may not reverse engineer, decompile or disassemble the Freeware.

4. Warranties

You expressly understand and agree that:

(a) Your use of the Freeware and its products including graphs and results of calculations is at your sole risk. The Freeware is provided on an "as is" and "as available" basis. Licensor expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

(b) Licensor makes no warranty that (i) the Freeware will meet your requirements, (ii) the Freeware will be secure or error-free, (iii) the results that may be obtained from the use of the Freeware will be accurate or reliable, and (iv) any errors in the Freeware will be corrected.

(c) No advice or information, whether oral or written, obtained by you from Licensor or through and from other sources create any warranty not expressly stated in this agreement.

5. No liability for consequential damages

In no event shall Licensor be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use the Freeware, even if Licensor has been advised of the possibility of such damages.

6. Governing law

This agreement shall be governed by and interpreted in accordance with the laws of Japan. If any dispute shall arise pursuant to any provision of this agreement, said dispute shall be settled by binding arbitration in accordance with the rules and regulations of the courts, located in Japan. If any term or provision of this agreement shall be declared invalid in arbitration or by a court of competent jurisdiction, such invalidity shall be limited solely to the specific term or provision invalidated, and the remainder of this agreement shall remain in full force and effect, according to its terms. Any provision declared invalid shall be modified to the fullest extent possible to reflect the parties intent as of the Effective Date.

7. Term and modification of agreement.

This Agreement may be changed or modified from time to time by Licensor. Notice of such changes may be provided online. Use of the Freeware following the implementation of any such changes or modifications shall constitute acceptance of any such changes and/or modifications.