Notes for companies and organizations ("Customer" [or "You"]) that are going to use "kintone roam β version" (this "Software") of Cybozu, Inc. ("Cybozu"):
This License Agreement (this "Agreement") is a legal agreement to be entered into by and between Customer and Cybozu. Once Customer has started using the Software, Customer shall be deemed to have agreed to be bound by the terms and conditions of this Agreement, and this Agreement shall be deemed to have been formed.
1. Scope of Use
This Agreement licenses Customer the rights to:
allow only persons designated by Customer to install, try out or use this Software among the users registered for the services to be accessed by Customer in this Software (collectively, the "Services"). This Software is a β version and Customer may use this Software for the purpose of verifying or confirming the functions and operations only until the release version (the "Release Version") is provided or until the date that Cybozu has notified Customer in advance.
2. Provision of Information, etc. regarding the Use of this Software
(1) Customer agrees to provide Cybozu with the following information in relation to the use, etc. of this Software for upgrade and improvement of the Software. Information to be sent shall be used within Cybozu group (including all subsidiaries in which Cybozu owns majority shares issued) to the extent necessary to collect and analyze information on the status of use, etc. Further, all the information listed below is in a form that does not allow it to be used in association with collecting personal information of Customer.
A crash log itself arising from Customer, and information on the type or version of device that Customer was using at the time of the crash, will be sent. Cybozu uses Firebase for collecting crash logs, and crash log information will be sent to Firebase after confirming with Customer each time whether or not to send such information.
Firebase is structured such that information on the type or version of OS of the terminal or the type of device, etc. of Customer who uses this Software is sent to Cybozu on a regular basis.
▼For the handling of information to be acquired by Firebase, please see the Terms of Service of Firebase.
(2) If allowed in advance, Customer, when using this Software, agrees to use the location information (the "Location Information") to be acquired by Cybozu from the Customer’s terminals. If Customer does not allow Cybozu to use the Location Information, then some of the functions of this Software may not be used.
3. Limitation of Warranties
(1) This Software is a β version and Cybozu does not warrant that it has the same specifications and functions, etc. as those of the Release Version. Further, when shifting from this Software to the Release Version, Cybozu makes no warranties regarding the specifications or functions, etc. of this Software such as a warranty that the data stored on this Software by Customer will be transferred to the Release Version without fail.
(2) Cybozu makes no warranties that the functions included in this Software are satisfactory to the needs of Customer, that this Software operates properly, or that any defects (including so-called bugs and structural issues, etc.) contained in this Software will be corrected.
4. Confidential Obligation regarding this Software
(1) Customer shall not disclose or leak to any third parties the fact that this Software has been provided, information regarding this Software learned in the use of this Software or any other information regarding Cybozu ("Confidential Information"). Further, Customer shall not use Confidential Information for any purpose other than for the use of this Software
(2) Customer shall continue to assume the obligations set forth in this Article 6 even after the termination of this Agreement.
5. Limitation of Liabilities
In any event or whether based on tort, contract or any other legal ground, neither Cybozu, suppliers or distributors of this Software, or provider of each information content shall be liable for any direct, indirect, special, incidental or consequential damage incurred by Customer or other third parties including damage arising from loss of business value, suspension of business operations, computer failure or other commercial damage and loss, etc. Further, Cybozu shall not be liable for any third party complaints.
6. Governing Law and Miscellaneous Provisions
(1) This Agreement shall be governed by the laws of California without giving effect to the principles of conflicts of laws.
(2) Any disputes, confrontations or disagreement in relation to this Agreement or this Software shall be finally settled by arbitration in the State of California in accordance with the rules of the American Arbitration Association.
This Agreement constitutes the sole agreement regarding licensing between both parties and may only be amended in writing signed or sealed by both parties. In the event that the effect of any provision of this Agreement is restricted by any applicable laws and regulations, such provision shall have effect to the extent permitted by such laws and regulations. Further, even in the event that any of the provisions of this Agreement is held invalid based on any applicable laws and regulations, other provisions hereof shall remain in full force and effect.
Appendix: Third-Party Program List :
-Apache License 2.0
-Apache License 2.0