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Terms of Service

These Terms of Use (hereinafter referred to as "these Terms") stipulate the terms of use of the software license sales site "MOSA_Market" (hereinafter referred to as "the Service"; the contents of the Service are as set forth in Article 2) provided by MOSA LLC (hereinafter referred to as "the Company") and the rights relationship between the Company and users. Please read the entire text of these Terms when using the Service. When the User agrees that these Terms are the content of the contract, the User is also deemed to have agreed to the individual provisions of these Terms.

The definitions of terms used in these Terms and Conditions are as follows:

  1. "Our Site" refers to a website managed and operated by our company, the domain of which includes the string "mosa-markets.com".

  2. " User " refers to a person who wishes to purchase a software license (including sublicense rights) through this Service.

  3. "Seller" means a person who wishes to sell software license rights (including sublicense rights) through the Service.

  4. "Intellectual Property Rights" means copyrights, patents, utility model rights, design rights, trademarks and other intellectual property rights (including the right to acquire such rights or apply for the registration, etc. of such rights).

Article 2 (Application)

  1. The purpose of these Terms and Conditions is to determine the conditions for providing this Service and the rights and obligations between our company and users regarding the use of this Service, and they apply to all relationships between ① our company and users , and ② users and sellers in relation to the use of this Service.

  2. In addition to these Terms and Conditions, this Service is subject to any other provisions or conditions (hereinafter referred to as "Conditions, etc.") that we specify separately on our website or elsewhere.

  3. If there is a discrepancy between the contents of these Terms and Conditions and the contents of the Conditions, etc., the contents of these Terms and Conditions shall take precedence, unless there are special reservations in the Conditions, etc.

Article 1 (Definitions)

  1. The Company reserves the right to change the fees and other costs of the Service, the content of the Service, and the contents of these Terms and Conditions, etc. (collectively, the "Contents of the Terms, etc.") in the event of changes in social conditions, economic circumstances, tax systems, or other circumstances, changes in laws and regulations, changes in the actual situation regarding the Service, or other reasons.

  2. If the Company makes any changes to the contents of these Terms and Conditions in accordance with the provisions of the preceding paragraph, the Company will inform users of the revised Terms and Conditions by displaying the revised contents on the Company's website or by notifying users in a manner specified by the Company, and the revised Terms and Conditions will apply from the effective date specified at the time of such announcement.

  3. If the User continues to use the Service after these Terms of Use have been changed, the User will be deemed to have agreed to the contents of the changed Terms of Use.

Article 3 (Changes)

This service can be used without any registration.

Article 4 (Registration Required)

  1. This service is a platform service for matching users and sellers. For more detailed information about the content and functions of this service, please refer to the page on our website related to this service.

  2. When a user and an exhibitor on this service complete the procedures specified by our company, a license agreement will be established between the user and the exhibitor, and our company will not be a party to the license agreement under any circumstances.

Article 5 (Provision of the Service)

  1. The exhibitor shall pay to our company the usage fee for the Service in the amount set out in the Service fee schedule etc. separately established by our company, plus consumption tax thereon (hereinafter referred to as the "Usage Fee, etc."), in a manner separately designated by our company.

  2. If the Company changes the service fees, etc., it shall comply with the provisions of Article 3 (Changes).

Article 6 (Usage fees, payment methods, etc.)

  1. Users shall use the Software at their own risk and expense, and neither the exhibitor nor our company shall guarantee that any results will be achieved.

  2. Users shall not request exhibitors to provide investment advice or agency services regulated by the Financial Instruments and Exchange Act with regard to financial products, including derivative transactions related to foreign exchange margin trading.

Article 7 (User Obligations)

  1. The telecommunications lines connecting the User 's terminal equipment to our site must be secured and maintained at the User's own responsibility and expense.

  2. Users shall bear all communication costs required to use this service.

Article 8 (Telecommunications Lines)

  1. We recognize the importance of protecting personal information and have established our own privacy policy. Personal information provided to us through this service will be collected appropriately and used within the scope of the intended purpose in accordance with our privacy policy.

  2. With regard to the personal information handled when using the Service, the Company and the Users shall designate a person responsible for managing personal information and shall take necessary measures to prevent accidents such as the leakage, loss, falsification, or damage of personal information.

Article 9 (Management of Personal Information by the Company)

The Company may outsource all or part of the operations related to the provision of the Service to a third party without the consent of the User. However, in such case, the Company shall be responsible for managing the third party.

Article 10 (Entrustment)

When using this service, users must not engage in the following acts:

  1. Any act that violates or may violate laws, regulations, these Terms, or other agreements related to the Service.

  2. Any act that infringes on the copyrights and other intellectual property rights (as defined in Article 2, Paragraph 2 of the Basic Act on Intellectual Property), portrait rights, publicity rights, and any other rights of a third party.

  3. Any act that infringes or may infringe the intellectual property rights or any other rights of the Company or any third party.

  4. Reproducing, modifying, adapting, etc. all or part of the software constituting this Service

  5. The act of lending or letting a third party use all or part of the Service, whether for a fee or free of charge, without the prior consent of the Company

  6. Any act that may result in the unauthorized publication, disclosure, provision, or leaking of confidential information or personal information of the Company or any other third party to such other third party.

  7. Any act that places an excessive burden on the Service

  8. Actions aimed at collecting information about other users of the Service

  9. Impersonating other users or third parties

  10. Allowing any third party competing with our company to use the Service

  11. Actions that go against public order and morals

  12. Any action that interferes with or may interfere with the use of the service by other users

  13. Any unauthorized access to the hardware or software constituting the Service, cracking, or any other act that causes disruption to the facilities, etc.

  14. Any act that interferes with or may interfere with the provision of this service

  15. Analyzing, reverse engineering, or otherwise attempting to obtain the source code of the software that constitutes this Service

  16. Viewing, changing or tampering with other users ' data, or any action that may be likely to do so

  17. The act of entering into a service provision contract directly with a seller who has entered into or is attempting to enter into a service provision contract using the Service, without going through our company, or any other act of receiving economic benefits from a seller without going through our company

  18. Conducting security vulnerability diagnosis of the Service without the consent of the Company

  19. Any other actions that the Company deems inappropriate

Article 11 (Prohibited Acts)

  1. All intellectual property rights, etc. related to our site, our programs, and other tangible and intangible components of this service (including software programs, databases, icons, images, text, manuals and other related documents, etc.) belong to our company or a third party that has granted us a license to use them. The license to use this service based on these terms does not imply a license to use the rights of our company or a third party that holds such rights related to this service.

  2. When a User posts User Information on the Service, the User grants permission to the Company or a third party that has received permission from the Company to reuse the User Information (hereinafter referred to as "the Company, etc." in this Article) to make any use of the User Information under the Copyright Act, including reproduction, public transmission, translation, adaptation, etc. (including use based on the rights set forth in Articles 27 and 28 of the Copyright Act). The User shall not exercise any moral rights of the author with respect to the use of the User Information by the Company, etc.

  3. The Company may change, delete or otherwise modify User- submitted Information to the extent necessary for the smooth provision of the Service, the construction, improvement and maintenance of the Company's system, etc.

Article 12 (Intellectual Property Rights, etc.)

  1. If a third party makes a claim, dispute, or other request regarding intellectual property rights against a User in connection with the use of the Service (hereinafter referred to as a "Claims, etc."), the User shall immediately notify the Company in writing or by a method designated by the Company.

  2. The Company shall not be liable for any complaints, etc. that arise between the User and a third party in relation to the use of the Service, except in cases where the occurrence of the complaint, etc. is due to reasons attributable to the Company. Furthermore, even if a complaint, etc. occurs due to reasons attributable to the Company, if the User does not promptly notify the Company of the occurrence of the complaint, etc. in violation of the provisions of the preceding paragraph, and the Company misses the opportunity to mount an appropriate defense, the Company shall not be liable for the complaint, etc.

Article 13 (Violation of Third Party Rights)

  1. We do not guarantee that the Service will meet any specific purpose of use of the User or achieve any specific results.

  2. The Company does not guarantee that Users will be able to use the Service satisfactorily on all operating systems and web browsers, and is not obligated to carry out operational verification or improvement measures in order to make such a guarantee.

  3. We will make every effort to ensure that the Service is free of bugs, etc., when providing the Service, but the Service is provided as is, and we do not guarantee that the Service will be free of bugs or malfunctions.

Article 14 (Limitation of Warranty)

  1. The Company shall only be liable for the Service to the extent limited in accordance with each provision of these Terms of Use. The Company shall not be liable for any matters that are not guaranteed, for which the Company is not responsible, or for which the User is responsible in each provision of these Terms of Use.

  2. Any disputes that arise between a user and a seller in connection with this service shall be resolved at the user's own responsibility and expense, and the user shall not cause any inconvenience to our company.

  3. We shall not be liable for any administrative actions or other measures taken by users or sellers in connection with this service.

  4. This service uses external systems (Amazon Web Services, etc.) as part of its system. If the external systems become unavailable, this service may also become unavailable. However, the Company shall not be liable for any damages incurred by users or sellers as a result.

  5. Even if a user or seller suffers damage in connection with this service due to reasons attributable to our company, we will only be liable for damages if there is intentional or gross negligence on our part.

  6. If any provision in these Terms and Conditions that exempts or limits our liability is deemed invalid or not agreed to under the Civil Code or other laws and regulations, our company shall be liable to compensate the user or exhibitor only for ordinary damages that are directly and actually incurred by said user or exhibitor.

Article 15 (Disclaimer of Liability and Limitation of Damages)

  1. We may temporarily suspend the Service for maintenance work, either periodically or as necessary.

  2. When carrying out maintenance work, the Company shall notify Users or Sellers in advance. However, in the case of an emergency, the Company shall suspend the Service without prior notice and notify Users or Sellers promptly afterward.

  3. In addition to the provisions of paragraph 1, the Company may temporarily suspend the Service if it is determined that the continuation of the Service may cause serious harm to Users or Sellers due to interference by a third party, or if there are other unavoidable reasons.

  4. We shall not be liable for any disadvantage or damage suffered by Users or Sellers as a result of the suspension of the Service based on this Article.

Article 16 (Suspension of the Service)

  1. We reserve the right to discontinue all or part of this service at any time.

  2. If we discontinue all or part of this service, we will notify users of the service at least three months prior to the discontinuation.

  3. In the event that the service is discontinued due to unforeseen circumstances or unavoidable circumstances such as the establishment, amendment or repeal of laws or regulations, or natural disasters, and it is not possible to give notice of more than three months in advance, the company will notify users as soon as possible.

  4. When notice is given in accordance with the procedures set forth in this Article, the Company shall not bear any responsibility whatsoever for the consequences of the discontinuation of the Service.

Article 17 (Discontinuation of the Service)

  1. If the Company determines that a User or Seller falls under any of the following items, the Company may suspend provision of the Service without the need to give a warning to the User.

(1) If you engage in any conduct that impedes our business

(2) If you violate laws, regulations, other rules, etc. or these Terms of Use.

(3) If important assets are subject to seizure, provisional seizure, provisional disposition, disposition for delinquent taxes, or other disposition by a public authority, or if a petition for bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation is filed against the individual.

(4) If the company is dissolved or its business is transferred in its entirety, or if a resolution to do so is passed

(5) If a bill or check that you have issued or accepted becomes dishonored or you otherwise become unable to make payments.

(6) When any of the circumstances listed in Article 14 (Prohibited Acts) occur.

Article 18 (Suspension and Cancellation of Use by the Company)

  1. The User and the Company represent and warrant that they are not, and will not be, affiliated with any of the following anti-social forces: a criminal organization, a member of a criminal organization, a quasi-member of a criminal organization, a company related to a criminal organization, corporate racketeers, etc., a fraudster pretending to be a social activist, a special intelligence violent group, etc., or any other similar anti-social force.

  2. The User and the Company undertake not to engage in, either themselves or through a third party, any of the following acts: violent demands, unreasonable demands that exceed legal responsibility, threatening remarks or violence in relation to transactions, acts that damage the Company's reputation or interfere with the Company's business by using rumors, fraudulent means or force, acts that promote the activities or contribute to the operation of anti-social forces, acts that provide benefits to anti-social forces, or any other acts similar to these.

  3. If a User violates any of the preceding paragraphs, we may refuse to allow the User to use the Service without any notice.

Article 19 (Exclusion of Antisocial Forces)

Any notices from our company to users regarding the Service or other notices stipulated in these Terms and Conditions shall be sent by email or other method stipulated by our company. Notices shall be effective when sent from our company.

Article 20 (Notice)

Even if any provision or part of any provision of these Terms is determined to be invalid or unenforceable pursuant to laws and regulations, the remaining provisions of these Terms and the remaining parts of the provisions that are determined to be invalid or unenforceable shall continue in full force and effect.

Article 21 (Severability)

Article 22 (Force Majeure)

If the performance of the Service is hindered by natural disasters (including but not limited to typhoons, tsunamis, earthquakes, wind and flood damage, lightning strikes, salt damage, etc.), fire, infectious disease, contagious disease, epidemic, establishment, amendment or repeal of laws and regulations, orders or dispositions by public authority or other government actions, accidents in transportation or communication lines, or other force majeure, the Company shall not be liable for any damages incurred by the User as a result of such force majeure.

If any objection or doubt arises between the parties regarding the interpretation of these Terms and Conditions, or if any matter not provided for in these Terms and Conditions arises, the parties shall negotiate in good faith and seek to resolve it amicably.

Article 23 (Consultation)

Any matters relating to these Terms and Conditions shall be governed by the laws of Japan, and the district court having jurisdiction over our head office shall be the court of first instance with exclusive jurisdiction.

Article 24 (Governing Law and Jurisdiction)

The official text of these Terms shall be written in Japanese. Even if a translation of these Terms is made, only the official Japanese text shall be valid as these Terms, and the translation shall have no effect.

Article 25 (Language Provisions)

Article 25 (Language)

The governing language of these Terms of Service shall be Japanese. If a translation hereof is made, only the Japanese original shall have the effect of the Terms of Service and such translation shall have no effect.

Established on December 1, 2023

Reference

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