Terms and Conditions for YAMAHA Surface Mounter Support & Service WEB
Article 1 (Purpose)
The purpose of this terms and conditions (hereafter “Terms and Conditions”) for YAMAHA Surface Mounter Support & Service WEB (hereafter the “Services”) is to lay down the terms and conditions between YAMAHA Motor Co., Ltd. (hereafter “YAMAHA”) and the customer who applies for registration of the Services (hereafter the “Applicant”) or the customer who acquires the qualification to use the Services in accordance with Article 3 (hereafter the “User”).
The Applicant shall apply for registration of the Services after agreeing this Terms and Conditions.
BY ACCESSING OR OTHERWISE USING THE SERVICES, CUSTOMERS AGREE TO THIS TERMS AND CONDITIONS.
Article 2 (Scope and Amendment)
YAMAHA may amend this Terms and Conditions without prior notice to the User and Applicant, and all Users and Applicants shall be deemed accept these amendments as of the moment that they come into effect. Such amendments will be announced in the Services and notified to the User and Applicant via e-mail or other means.
Article 3 (Application for Registration)
The Applicant shall submit to YAMAHA the proper application form in accordance with the instructions set forth by YAMAHA. The Applicant shall acquire the qualification to use the Services once the Applicant has received the registration notice from YAMAHA. The login ID and initial password for the Services shall be sent to the User via e-mail or other means.
Article 4 (Processing of Personal Data)
- 1. Personal data provided by the User or Applicant through the Services to YAMAHA (hereinafter “Personal Data”) will be used for the following purposes. (hereafter the “Purpose of Use”).
- Provision of the Services (including work incidental to and in connection with the Services);
- Confirmation of the User’s identity
- Handling of inquiries, opinions, and requests
- Collection and analysis of market information for the purpose of quality improvement, development and enhancement of products and services of YAMAHA.
- Marketing activities and analysis including introduction of information related to products and services provided by YAMAHA
- Network and information security purposes
- Protection and safety of property and rights of YAMAHA
- Compliance with laws and regulations;
- YAMAHA do not disclose or provide Personal Data to a third party without the User’s or Applicant’s consent, unless that disclosure or provision is set forth in applicable laws and regulations. YAMAHA may engage contractors to perform all or part of its duties and may provide Personal Data to the extent necessary to achieve the Purpose of Use.
- YAMAHA store Personal Data for the period necessary to achieve the Purpose of Use or to perform our obligations under applicable laws and regulations.
- If the User or Applicant exercise rights (right of access, right to erasure, and the like) as permitted within the relevant jurisdiction, YAMAHA will faithfully and appropriately deal with that exercise of rights in accordance with provisions set forth in applicable laws and regulations.
Article 5 (Handling of Login ID and Password)
- The User shall have full liability and responsibility for the management and use of the login ID and password for the Services.
- The User shall strictly manage login ID and password to prevent unauthorized use by setting password to PC and similar items.
- In case when login ID and password are leaked to third parties due to loss, theft, or other reasons, the User shall immediately report it to YAMAHA. In addition, when the User found unauthorized use of the login ID and password or found any defect in the Services, the User shall immediately report it to YAMAHA.
- YAMAHA assumes no liability for any damage to the User and third parties caused by the User’s failure to manage this article.
- The use of the login ID and password shall be solely limited to the User. The User shall not lend, sell, assign, transfer, or make available the login ID and password to third parties.
Article 6 (Notification of Change)
- The User shall notify YAMAHA without delay in the event of any change in the contents of the application, such as name, address (or location), telephone number, fax number, or e-mail address. Note that even if the failure to give such notice causes any disadvantage to the User, YAMAHA shall have no liability whatsoever to any User.
- The User shall notify YAMAHA without delay in the event of personnel change or retirement. Note that even if the failure to give such notice causes any disadvantage to the User, YAMAHA shall have no liability whatsoever to any User.
Article 7 (Equipment)
The User shall prepare and install computer, communication equipment, telephone lines, and all other equipment required to use the Services at the User’s responsibility and expense.
Article 8 (Service Charges)
Unless otherwise specified by YAMAHA, the User shall be able to use the Services free of charge.
Article 9 (Ownership of Industrial Property Rights)
- Inventions, devices, designs, copyrights, knowledge, ideas (hereafter “Inventions") contained in materials, information, drawings, documents, and software (hereafter "Materials") provided by YAMAHA to the User through the Services shall belong to YAMAHA.
- All rights to industrial property rights to inventions, industrial property rights to be acquired thereunder, and copyrights to materials belong solely to YAMAHA.
Article 10 (Handling of Software)
- The User has no authority to hold the copyrights, patents, right to use, and other rights related to the software for industrial equipment provided by YAMAHA to the User through the Services (hereafter "Software").
- The User shall not revise, adapt, modify, reproduce, disassemble, decompile the software.
- The User shall not assign, lease, or transfer possession of the media on which the software is recorded to any third party other than those designated by YAMAHA.
Article 11 (Confidentiality)
The User shall not divulge YAMAHA business and technological confidential information that the User acquired through the Services. However, that this shall not apply to cases falling under any of following paragraphs.
- Information already in the User's possession at the time of disclosure or acquisition by YAMAHA.
- Information already in the public domain at the time of disclosure or acquisition by YAMAHA.
- Information that becomes publicly known after disclosure or acquisition by YAMAHA for reasons not attributable to the User.
- Information obtained from duly authorized third party without the obligation of confidentiality.
- Information independently developed and obtained without information disclosed by YAMAHA.
- Information obtained by the prior written consent of YAMAHA.
Article 12 (Cancellation of the Services by YAMAHA)
YAMAHA shall temporarily suspend or cancel the Services for the User without the prior notice if the User falls under any of the following paragraphs.
- In cases where a false statement has been proved regarding the application documents.
- Illegal use of ID and password
- In the event of any impediment to the operation of the Services
- In cases where this Terms and Conditions are violated
- Other cases where YAMAHA deems inappropriate
If YAMAHA suffers damages due to the act of the User, the User shall be liable for compensation for all damages.
Article 13 (Discontinuation of Use)
If the User discontinues the use of the Services, the User shall report such fact to YAMAHA.
Article 14 (Discontinuation of Provision)
- YAMAHA may discontinue the provision of the Services without the consent of the User. Discontinuation of provision of the Services shall be announced in this Services and notified to the User via e-mail or other means.
- If the User suffers any damage due to the discontinuation of provision of the Services pursuant to the preceding paragraph, YAMAHA shall bear no responsibility whatsoever for this matter.
Article 15 (Compensation for Damages)
YAMAHA shall not assume any liability whatsoever for any damages incurred by any User in connection with the provision of the Services except for reasons attributable to YAMAHA.
Article 16 (Remaining Provisions)
The User shall comply with the provisions of Article 4, Paragraph 4, Article 6, Article 9, Article 10, Article 11, Article 12, Article 14, Paragraph 2, Article 15, Article 17, Article 18, and Article 19 of this Terms and Conditions even after the discontinuation of provision of the Services.
Article 17 (Governing Law and Arbitration)
- Japanese laws shall be applied with respect to the establishment, effect, implementation, and interpretation of this Terms and Conditions.
- Any disputes, controversies, and/or difficulties that may arise between the parties out of or in connection with this Terms and Conditions shall be settled amicably between the parties. In the event such amicable settlement cannot be reached within a reasonable time, such dispute shall be determined by arbitration to be held in Tokyo, Japan by the Japan Commercial Arbitration Association pursuant to its arbitration rules. The arbitration panel shall consist of three (3) arbitrators. The language to be used in all aspects of any such arbitration shall be the Japanese or English language. The results of said arbitration shall be final and the arbitral award shall be binding upon the parties hereto. Judgment upon the award may be entered into by any court having jurisdiction over the parties.
Article 18 (Governing Language)
This Terms and Conditions shall be executed in, and controlled in all respects by, the English language. Any translation of this Terms and Conditions in other language than the English language is provided for your convenience only.
Article 19 (Subject of Discussion)
Any matter not stipulated herein shall be determined in accordance with the provision of this Terms and Conditions through mutual consultation between YAMAHA and the User.
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