EULA

This End-User License Agreement (hereinafter referred to as this “EULA”) defines rules to use an app (hereinafter referred to as the "Product") for Atlassian application provided by Ricksoft Co., Ltd (hereinafter referred to as "Ricksoft", "we", "us", or "our").

1 Definition

1. "User" means a person or user account licensed to the Product based on this EULA and uses the Product.

2. "Customer" means an individual, company, or organization who has obtained a license to use the Product under this EULA.

2 Individual Provisions

1. In addition to this EULA, Ricksoft may stipulate provisions (hereinafter referred to as "individual provisions") such as additional rules to use specific products. These individual provisions shall form part of this agreement regardless of their name.

2. Unless otherwise set forth in the individual provisions, the individual provisions shall prevail if there is any inconsistency between this EULA and the individual provisions of the preceding paragraph.

3 Language

1. This EULA and individual provisions are made in Japanese and may be translated to other languages for reference purposes.

2. If there is any inconsistency or conflict between the translation of this EULA and individual provisions in other languages and the Japanese version, the Japanese version will prevail.

4 License

1. If the Customer accepts this EULA, then Ricksoft grants the Customer the non-exclusive, non-transferable, non-sublicensable right to use the Product.

2. In the event of the Customer violates this EULA, Ricksoft may revoke the license granted under the preceding paragraph at any time.

5 Intellectual Property Right

Intellectual property rights such as copyrights, trademarks, and patents related to the Product and software or technology related to the Product belong to the original right holder or Ricksoft.

6 Customer Obligations

1. The Customer shall prepare their environment to use the Product (including for example equipment, network, and settings) at their own expense and responsibility.

2. The Customer shall take measures to prevent unauthorized access or use of the Product. If the Customer discovers unauthorized access or use of the Product, the Customer shall promptly contact Ricksoft.

3. The Customer makes all Users comply with this EULA and is responsible for all events related to the Product use.

4. If a User violates the provisions regarding prohibited matters (Including the provisions set forth in each item of Article 10 of this EULA and the provisions regarding prohibited matters set forth in the individual provisions), the Customer shall promptly rectify the violation.

7 Data

Ricksoft may use data acquired in connection with use of the Product for customer support,  improvement of the Product and to inform the Customer about other products related to the Product.

8 Announcement of Introduce Results

1. Ricksoft may disclose the name of the Customer as a company or organization which introduced the Product unless there is a special request from the Customer.

2. In this case, the Customer shall be deemed to have granted Ricksoft permission to use the Customer's logo, trademark and other materials.

9 Changes, Discontinuation, and Termination

1. Without notifying the Customer in advance, Ricksoft shall be able to change specifications of all or part of the Product and be able to discontinue providing the Product.

2. Ricksoft shall not be liable for any disadvantage or damage suffered by the Customer or a third party due to the change, suspension, or interruption of providing the Product based on the preceding paragraph.

10 Prohibition

In using the Product, the Customer shall not engage in any of the following acts, nor shall the Customer allow User to engage in any of these acts.

  1. Breach this EULA,

  2. infringe or do anything may infringe property or personal rights (including but not limited to intellectual property rights, patent rights, utility model rights, design rights, trademark rights, copyrights, portrait rights) of Ricksoft or a third party,

  3. cause or do anything may cause disadvantage or damage to Ricksoft or a third party,

  4. unreasonably damage or do anything may damage honor, rights, or credibility of others,

  5. violate laws and ordinances,

  6. be or likely be offensive to public order and morals,

  7. commit or lead a crime or promote or do anything may promote such acts,

  8. prevent or do anything may prevent us from providing the Product nomally, such as unauthorized access to Ricksoft's server, falsification of program code, falsification of location information, or distribution of computer viruses,

  9. try to obtain the source code of the Product or analyze the structure, function, processing method, or any others of the Product by tracing, debugging, disassembling, decompiling, or whatsoever,

  10. do anything may adversely affect mind, body, and healthy development of youth,

  11. do other acts that Ricksoft deems inappropriate

11 Termination for Cause

Ricksoft may unilaterally terminate the EULA with Users, if such Users fall under any of the preceding articles or any of the following categories:

(a) if information registered by the Users contains false information;

(b) if Users do not respond to Ricksoft’s request promptly; or

(c) if Ricksoft deems it necessary to terminate the Agreements with Users.

12 Prohibition of Assignment of Status

Users is not entitled to , without the prior written consent of Ricksoft, transfer the contractual status under the EULA to a third party, assign or transfer all or part of its rights and obligations under the EULA to a third party, or encumber its rights under the EULA as collateral.

13 Personal Information

Ricksoft will handle personal information in connection with the Services, pursuant to “Privacy Policy” stipulated by Ricksoft.

14 Non-warranty

1. Ricksoft does not make express or implied warranties that the Product does not have de facto or legal defects (including, but not limited to, security defects, errors, bugs, infringement of rights), as well as safety, reliability, accuracy, completeness, effectiveness, and suitability for any particular purpose.

2. Ricksoft does not make a warranty to improve the Product or continue providing the Product.

15 Disclaimer

1. Ricksoft is not liable for any damages incurred by the Customer, Users, or third parties regarding their use of the Product, regardless of the cause. Even if the Customer or Users are disadvantaged or damaged by using information obtained by the Product, Ricksoft is not liable for them.

2. Ricksoft is not responsible for any transactions or disputes whatsoever between the Customer or Users and a third party relating to the Product.

3. Ricksoft does not take any responsibility even if the Customer or Users violate laws and regulations associated with their use of the Product.

16 Damages

1. If the Customer causes any damage to Ricksoft or a third party by using the Product (including the case where Ricksoft receives a complaint from a third party caused by such use), the Customer shall compensate the damages (including lost profits and attorney's fees).

2. Ricksoft shall not be liable for any damages incurred by the Customer or Users in relation to the Product unless Ricksoft has been intentionally. In the event that the Ricksoft compensates for damages due to legal restrictions, the maximum amount of damages shall be the cumulative total of usage fees for the most recent one (1) month from the date the damage occurred.

17 Elimination of antisocial forces

The Customer represents and warrants the following items to Ricksoft.

(1) The Customer is not, and will not be, a gangster, a gangster-affiliated company, an extortionist, or a person equivalent to them or a member of them (hereinafter collectively referred to as "antisocial forces").

(2) If the Customer is a corporation or other organization, its officers (meaning executive partners, directors, executive officers, or equivalents who execute business) are not and will not be antisocial forces.

(3) The Customer does not allow antisocial forces to use their name and conclude the contract.

(4) The Customer does not do the following acts regarding the contract either by themselves or by using a third party.

A. Acts that use threatening behavior or violence

B. Acts that interfere with Ricksoft's business or damage Ricksoft's credibility by using counterfeiting or power

(5) The Customer does not accept capital, funds, and whatsoever from antisocial forces.

(6) The Customer does not provide, regardless of their name, capital, funds, and any other things to antisocial forces.

(7) The Customer does not perform other actions equivalent to the preceding items.

If Ricksoft find the Customer breach any of the representations and warranties outlined in the preceding paragraph, we may immediately terminate this EULA without liability for any damages.

18 Amendment of the EULA and individual provisions

1. Ricksoft may amend this EULA and individual provisions at any time. In such case, Ricksoft will inform the Customer of the the EULA as amended and the effective date by posting on this website or other methods that Ricksoft deems appropriate.

2. If the Customer does not accept the amended EULA, the Customer shall suspend their use of the Product before the effective date.

19 Severability

Even if any provision of the EULA or part of a provision is found to be invalid or unenforceable based on the Consumer Contract Law or other laws and regulations, the other provisions and the remaining part of the provision which is found to be invalid or unenforceable shall remain in full force.

20 Governing law, jurisdiction

The EULA is governed by and construed in accordance with the laws of Japan.

All disputes arising in connection with the Product shall submit to the exclusive agreed jurisdiction of Tokyo District Court or Tokyo Summary Court at the first instance.

Supplementary provisions

Established and enforcement date: September 7th, 2022

 

リックソフト株式会社 は、日本でトップレベルのAtlassian Platinum Solution Partnerです。
大規模ユーザーへの対応実績が認められたEnterpriseの認定をうけ、高度なトレーニング要件をクリアし、小規模から大規模のお客様まで対応可能な実績を示したパートナー企業です。


Copyright © Ricksoft Co., Ltd. プライバシーポリシー お問い合わせ