Service License Agreement
Most Recent Update: 21.11.2013
1. Description and Change of Service License Agreement
- If any part of the Service License Agreement (“Agreement”) should have a defect, the rest will remain valid.
- T&D Corporation will provide the Service to Users (to be defined in Section 2) based upon the Agreement.
- The Agreement may be modified or amended without Users' consent. In such a case, we will notify Users of the change beforehand by announcement on this website, E-mail to the User’s address, or other reasonable approaches.
- If Users do not agree with the changes of the Agreement, their contract will be cancelled and the Service will be suspended. Unless we receive a cancellation request from Users, the Service will be provided to them based on the amended Agreement.
- “Applicant” is defined as a user who applies for this Service.
- “User” is defined as an applicant of this Service, who is then accepted by T&D.
- “Stored (Accumulative) information” is defined as the electronic data stored inside the user only storage area. “Stored (Accumulative) information” is defined as the electronic data stored inside the user only storage area, and the electronic data automatically uploaded to our web server from compatible products, either before completion of the Service contract or after the cancellation of the contract.
3. Functions and Necessary System Conditions for the Service
- This Service provides Users with the storage space for the electronic data related to T&D products on our web-service server via the Internet, which is free of charge depending on the data capacity or usage. Service details are described in What is T&D Webstorage Service?.
- Users of the service need to prepare communication devices, hardware, and the Internet access, and also to pay communication expenses themselves.
4. Application Process for WebStorage Service
- To apply for the Service, Applicant needs to register the necessary information on the web screen.
- In the application process, the Applicant needs to register an E-mail address he or she holds.
- When we would like to contact the User or make an information disclosure, unless otherwise stipulated, we will send E-mail to the registered address or display on this website.
6. Establishment of Service Contract
- Upon receiving an application for this Service as mentioned under Section 4.1, a routine screening will be carried out and an e-mail notification sent verifying the result of the application to the Applicant's registered address. The Service Contract between T&D and the Applicant will take effect upon the Applicant receiving this notification.
- T&D reserves the right to reject any application for any reason such as the following:
(1) If and when incomplete, inaccurate, or false information has been provided by the Applicant.
(2) If and when the Applicant has been found to have a history of suspension or cancellation of this Service.
(3) If and when the registered E-mail Address has been identified as someone else’s.
(4) If and when T&D determines that for some other reason it is inappropriate to provide the Service to the Applicant.
7. Service Charge
- The service fee and storage capacity are as follows as of June 30, 2014.
- Recorded Data automatically downloaded from T&D devices compatible with this service and saved in the any of the following T&D data formats will be subject to calculation in determining the amount of storage capacity being used. Data stored in T&D data formats other than one of the following formats will not be subject calculation in determining storage capacity being used.
Data formats subject to calculation: TRX, TRZ, PRZ
|Service Charge||Storage Capacity|
8. Cancellation of the Service Contract
- Users can cancel the Service anytime by following the prescribed process.
- In case of cancellation of the Service, T&D will deauthorize the User's ID/Password, suspend the login to the User Only area, and delete all remaining stored information.
9. User ID/Password Management
- In order to start the Service, Users need to be issued a User ID by T&D and upon using the Service must enter this ID and their User set Password for authentication purposes.
- Users are solely responsible for the management of their User ID and Password.
10. Stored Information Management
- Users are responsible for such operations as deletion, backup, maintenance, and management of the information stored in their account.
- T&D will provide the Service to Users with the utmost care in preventing damage, loss, transformation of the stored information and/or infection by computer viruses (hereafter called “Damages”), but shall not in anyway guarantee the complete prevention of said such Damages.
- During the contract period, T&D will never delete, browse, or disclose the stored information to any third party except in the following cases:
(1) If and when it is deemed such action is necessary to protect the life, health, and/or property of said such third party.
(2) If and when such an action is required by law.
(3) If and when the preservation of a User's stored information may fall under prohibited actions as defined in Section 12.
(4)If and when the User's cumulative stored information exceeds the allowed maximum storage capacity as outlined in Section 7.
- As a necessity to maintain the Service the types of the stored information (file property info) is mechanically recognized. Storable information is limited to the electronic data formats forT&D Data Loggers. To develop or improve the Service, statistical information concerning types of stored data, frequency of access, and/or number of stored data readings may be collected without identifying certain individual Users.
11. Interruption of, Changes in, or Termination of the Service
- Although T&D will strive to continually provide the Service to Users, at times and under certain circumstances as noted below, it may be necessary to temporarily interrupt, change or terminate the Service.
If for some reason it is necessary to interrupt, change or terminate the Service, T&D will dutifully make a prior announcement on this website, or notify Users in a reasonable manner determined by T&D.
(1) If and when it is necessary to carry out repair, maintenance, and/or construction on our company's facilities or equipment.
(2) If and when unavoidable trouble occurs with our equipment.
(3) If and when a natural disaster and/or other emergency prevents Service from being continued as is.
(4) If and when T&D determines that a temporary interruption of the Service is necessary for operational and technical reasons.
12. Prohibited Behavior
- Users of the Service are prohibited from the following behaviors:
(1) Any behavior which violates copyrights, intellectual property rights including trademarks of others, or other trade secrets.
(2) Any behavior which violates the property rights of others.
(3) Any behavior which violates the privilege, trust, and/or privacy of others.
(4) Any behavior which creates tangible and/or intangible disadvantage or damage to others.
(5) Any offensive behavior which runs counter to public order and morals.
(6) Any criminal conduct, behavior related to such conduct, or behavior which encourages criminal conduct.
(7) Any behavior which involves renting the User’s ID/Password to others for profit.
(8) Any access to stored information of others by using the concerned party's User ID and Password without their expressed consent.
(9) Any behavior which makes use of or which provides harmful programs such as computer viruses.
(10) Any behavior which attempts to analyze or modify the security technology and software used for the Service.
(11) Any behavior to use the Service to send junk mail, chain letters, or other unsolicited bulk email.
(12) Any behavior to resell the Service.
(13) Any profit-oriented behavior.
(14) Any behavior which uses false information for the Service.
(15) Any behavior which attempts to store types of electronic data other than the designated formats.
(16) Any other behavior which violates the law.
- T&D is not bound by any legal duty to determine if a User of the Service has carried out any of the relevant behavior as described in Section 12.1.
13. Suspension and/or Cancellation of Service by T&D
- If T&D becomes aware of any inappropriate behavior as described below, T&D will notify the concerned User of the violation and offer a reasonable time to correct the violation. If after such period of time passes and no corrections are made, T&D reserves the right to suspend the Service account or terminate the Agreement of the violating User. Furthermore, T&D also reserves the right to immediately suspend or terminate the Service account of Users without notice if T&D is convinced of the urgency of the action and/or sees no prospect of remedy.
(1) If and when a User violates the Agreement.
- In the event of suspension of the Service or termination of the Agreement under the preceding section 13.1, T&D will notify the User in advance of the reason, the date of suspension/cancellation, and the suspension period.
14. Registration Information Changes
- Users are obligated to notify T&D and follow the designated procedure for making any changes to their registration information. In addition, Users are responsible for any disadvantages caused by their own failure to carry out the stated procedure, and T&D assumes no responsibility whatsoever.
- If after 12 months have elapsed and a User has not accessed the Service, T&D will send a verification e-mail to the registered address to confirm whether or not the User's wishes to continue using the Service. After having confirmed that the User has no use for the Service or in cases where no confirmation is possible, T&D may delete the User's stored data and their account.
15. Copyright and Related Rights
- The Service related Website and Software which are available for use are the intellectual property of T&D Corporation protected by national copyright laws and other intellectual property rights. T&D does not sanction or approve any unauthorized use of all or partial contents without our permission, including duplication, modification, upload, display, public transmission, assignment, distribution, sale of licenses, or publication.
- The trademark, service mark, and logo used and displayed on the Service related website are the registered trademark or trademark of T&D Corporation and other third parties.
- Usage of the Service or the related Website does not in any manner whatsoever result in granting the said User the assignment or transfer of patent, trademark right, copyright, and other rights of T&D or other third party.
16. Applicable Laws and Jurisdictional Court
- Usage of this website and interpretation of this Agreement, unless otherwise specified, are intended to comply with applicable laws and regulations of Japan. Any and all conflicts which occur in connection with the usage of this website shall be first brought before the Nagano District Court as the exclusive agreement jurisdictional court.
- T&D shall not guarantee the suitability of the Service for any and all purposes.
- As this Service on a whole is reliant upon the hardware used by Users, the network configuration and various third party communication equipment, T&D cannot in any way guarantee the integrity or the usability of the Service.
- When in compliance with the stipulations of the Agreement, T&D assumes no responsibility for any damage or loss arising out of the suspension, termination, modification, expiration, or cancellation of the Service contract.
- When in compliance with the stipulations of the Agreement, T&D assumes no responsibility for any damage or loss arising from the deletion of stored information, from imposed access limitations, or from the browsing or disclosure of stored data to third parties.
- T&D assumes no responsibility for any damages arising out of the corruption of any stored information, in whole or in part.
- T&D assumes no responsibility for any damages or losses arising out of the cancellation of the Service or change in plans made by the User.
- T&D assumes no responsibility for the settlement of conflicts or any damages arising from the conflict between Users or between Users and a third party.
- T&D assumes no responsibility for any damage or loss arising from failure or delay in delivery of e-mail/stored information due to system failures or the disconnection of communication equipment.
- T&D assumes no responsibility for the interruption of all or part of the Service resulting from emergencies such as natural disasters, power ordinances, strikes, or cyber-terrorism.
- T&D is liable for a User's damage or loss arising from any reason attributable to T&D, but its liability is limited to direct and actual damages and shall be no more than the amount the User has paid to T&D, unless the damages can be shown without a reasonable doubt to have been caused due to T&D's intent or gross negligence.