This English text is a reference translation. In the event of any discrepancy, the Japanese version shall prevail (Article 17).
This Agreement sets forth the terms of use of LOGADEC (the "Software") and is entered into between Masa, the developer (the "Licensor"), and the individual or entity using the Software (the "Licensee"). By using the Software, the Licensee is deemed to have agreed to this Agreement.
Article 1 (Definitions)
1. "Software" means the software provided under the name LOGADEC in the form of a single HTML file, and any copies thereof.
2. "Build Date" means the creation date embedded in each version of the Software, as displayed in the version information screen.
3. "Update Entitlement Period" means the period until the expiration date recorded in the License Key.
4. "Eligible Version" means any version of the Software whose Build Date is on or before the last day of the Update Entitlement Period (inclusive).
5. "Named User" means the specific individual whose name is recorded in the License Key.
6. "License Key" means the digitally signed proof of license issued by the Licensor.
Article 2 (Grant of License)
Subject to compliance with this Agreement, the Licensor grants the Licensee a non-exclusive, non-transferable right to use the Software as follows:
1. Free: Use of the feature-limited Software free of charge, including use in commercial business environments.
2. Trial: Use of all features for evaluation purposes for 14 days from issuance.
3. Personal: One Named User may use all features on any number of devices used by that user, including for business purposes.
4. Commercial: The number of Named Users corresponding to the number of licenses may each use all features on any number of devices used by each such user.
5. Educational: A Named User affiliated with an educational institution may use all features for educational and research purposes. Issued free of charge upon application; the Update Entitlement Period is one year from issuance.
Article 3 (Perpetual Use and Update Entitlement)
1. The Licensee may use Eligible Versions perpetually, including after the end of the Update Entitlement Period.
2. Use of versions built after the end of the Update Entitlement Period requires an extension of the entitlement or a new license.
3. The Licensor has no obligation to provide upgrades, bug fixes, or other maintenance after the end of the Update Entitlement Period.
Article 4 (Named Users and Reassignment)
1. The rights under Personal, Commercial, and Educational licenses belong to the Named User personally. No person other than the Named User may use the Software under that License Key.
2. For Commercial licenses, where a change of Named User becomes necessary due to resignation, transfer, or similar circumstances, the Licensee may apply to the Licensor for reassignment. The Licensor shall reissue a License Key for the new Named User, and the Licensee shall immediately cease use of the former License Key.
3. Reassignment shall not be used for the purpose of increasing the number of concurrent users.
Article 5 (Copies and Deployment)
1. The Licensee may copy the Software for backup purposes.
2. A Named User may install the Software on multiple devices used by that user.
3. Notwithstanding the foregoing, the Software shall not be installed or deployed in a manner accessible to persons other than the Named User (or, for Free, the relevant user). Deployment on an organizational file server or similar is permitted only where access is restricted to Named Users.
Article 6 (Prohibited Acts)
The Licensee shall not:
1. distribute, publicly transmit, lend, sell, or post the Software or any part thereof on any server or location accessible to third parties;
2. disclose, share, assign, or sell the License Key to any third party;
3. circumvent, disable, or modify the license verification mechanism of the Software, or alter the licensee information displayed by the Software;
4. reverse engineer, decompile, or disassemble the Software, except to the extent expressly permitted by applicable law;
5. modify the Software or create derivative works based on the Software;
6. assign any rights under this Agreement to a third party without the prior written consent of the Licensor.
Article 7 (Third-Party Software)
The Software includes third-party software (including SheetJS, pcodec, fflate, and the Orbitron font) as separately indicated. Such software is subject to its respective license terms, as set forth in the license display screen within the Software and in the accompanying THIRD-PARTY-NOTICES.
Article 8 (Intellectual Property)
All copyrights and other intellectual property rights in the Software, other than rights in the third-party software under Article 7, belong to the Licensor. This Agreement grants a right of use and does not transfer any rights.
Article 9 (No Warranty)
The Software is provided "AS IS". To the maximum extent permitted by law, the Licensor disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement of third-party rights.
Article 10 (Status of Analysis Results)
Analysis results output by the Software (including anomaly detection, change-point detection, filtering, statistics, and all other output) are provided as reference information. The Licensee shall not use analysis results as the sole basis for business decisions, safety determinations, or quality judgments, and shall use them in combination with appropriate professional verification.
Article 11 (Use Restrictions)
1. The Licensee shall not incorporate the Software as a component of, or use it as part of any real-time control or protective function of, any of the following systems:
life-support equipment or medical diagnostic/treatment systems;
control or safety systems of nuclear facilities;
air traffic control or operational control of aircraft, vehicles, or similar;
weapons systems;
any other system in which malfunction directly threatens human life or body or causes serious property damage.
2. The preceding paragraph does not prevent the offline analysis, as reference information, of measurement data relating to such systems.
Article 12 (Limitation of Liability)
1. Except in cases of willful misconduct or gross negligence of the Licensor, the Licensor's total liability to the Licensee arising out of or in connection with this Agreement or the Software, whether in contract, tort, or otherwise, shall not exceed the amount actually paid by the Licensee for the relevant license.
2. Except in cases of willful misconduct or gross negligence of the Licensor, the Licensor shall not be liable for lost profits, loss of data, business interruption, or any indirect, special, incidental, or consequential damages, regardless of foreseeability.
3. This Article does not limit any rights of the Licensee under the Consumer Contract Act of Japan or other mandatory provisions of law.
Article 13 (Termination)
1. If the Licensee breaches this Agreement, the Licensor may terminate this Agreement upon notice, or without notice in the case of a material breach.
2. Upon termination, the Licensee shall cease use of the Software and destroy all copies.
3. The perpetual right of use under Article 3(1) is conditioned on this Agreement remaining in effect and does not survive termination under this Article. Articles 7 through 12 and 14 through 17 survive termination.
Article 14 (No External Communication)
In its operation, the Software does not communicate with the Internet or any external network and does not transmit the Licensee's data externally.
Article 15 (Relationship with Sales Channels)
1. Where the Software is provided through a Merchant of Record (such as Paddle) or a reseller, the purchase transaction (including payment, invoicing, and refunds) is governed by the terms of such seller.
2. This Agreement applies as the terms of use of the Software regardless of the seller.
Article 16 (Governing Law and Jurisdiction)
This Agreement is governed by the laws of Japan. The Nagoya District Court shall have exclusive jurisdiction as the court of first instance over any dispute arising in connection with this Agreement.
Article 17 (Language)
The Japanese text of this Agreement is authoritative. In the event of any discrepancy between the Japanese version and any translation prepared for reference, the Japanese version shall prevail.
Article 18 (Miscellaneous)
1. If any provision of this Agreement is held invalid or unenforceable, the validity of the remaining provisions shall not be affected.
2. This Agreement constitutes the entire agreement between the parties concerning the terms of use of the Software.
3. The Licensor may modify the terms of this Agreement applicable to future versions. Eligible Versions already obtained remain subject to the terms in effect at the time of acquisition.
End of Agreement