Terms and Conditions
Last Updated: January 1, 2022
1. Use of Developer Tools
The Company will license Customer to use non-exclusive, non-transferable and non-assignable Developer Tools in order for them to develop applications, websites, products and/or services that collaborate with the Company's service ("Development Applications") pursuant to the provisions of the Terms (the "Purpose").
Customer may, through their developer account ("Developer Account"), access information created or held under user accounts with Star Micronics Could Services, and use such information only within the scope of the Purpose.
The Company may limit the use of Developer Tools and/or specific functions at its sole discretion at any time (for example, limiting Customer's access times and/or access hours to Star Micronics Could Services that are available through Developer Tools) without notice to Customer.
Moreover, the Company may update Developer Tools whenever necessary and at its sole discretion discontinue supporting older versions of Developer Tools. If the Company ceases to support a version of Developer Tools, the Company will announce the purport of the cease and follow-up details, by uploading the notice on its website and/or by other appropriate means.
2. Authentication (Use of Developer Tools and Developer Account)
Customer is required to file a Development Application to the Company in order to use Developer Tools; to take examinations prescribed by the Company; and to obtain approval of the Company. However, the Company does not approve any of the following Development Applications:
- that is disadvantageous to the Company;
- that uses data, such as transaction data and personal information, thar are treated by application users on Star Micronics Cloud Services, without obtaining their approval;
- that violates law, ordinance, etc. or harms public order and morals;
- that infringes on a right of third parties; or
- that is decided as inappropriate by the Company.
After completing the examinations, the Company issues authentication information (including an Application ID, etc.) by the Development Application to Customer. Such Customer shall keep their authentication information confidential and neither disclose nor transfer the information to third parties.
In addition, in case a Customer falls in any of the cases stated below, the Company may suspend Customer's use of Developer Tools and/or delete its login Developer Account without prior notice or demand.
- When the Company decides that Customer breached the Terms;
- When the Company finds that data registered by Customer are untrue and incorrect;
- When Customer falls in any of the cases stated in item 4; or
- When the Company decides that Customer's use of Developer Tools is inappropriate.
3. Copies of the Terms
Customer may print a copy of the Terms using the print button or feature in Customer’s browser. The Company suggest retaining a copy for the Customer’s future reference. Customer should be aware, however, that the Company may change the Terms at any time. In the event of the change, the Company inform Customer of the change and the changed version of the Terms by displaying them on the Site or by other appropriate means. Unless otherwise specified, the changed version of the Terms shall become effective when displayed on the Site. It is the Customer’s responsibility to periodically visit the “Terms and Conditions” link at the bottom of the Company’s home page to review the most current version of the Terms. Customer may use browser to print copies of any updated Terms and Conditions.
4. Restriction of Use
When using Developer Tools, Customer is prohibited to engage in any of the following activities:
- To engage in reversed engineering or reverse assembling of Developer Tools, or to decode Developer Tools in other method to read their source codes;
- To reproduce, remake, alter or change a part or all of the Developer Tools, or to create a derivative work;
- To sublicense a third party to use Developer Tools, or to assign, rent, lease, lend, or redistribute Developer Tools to a third party;
- To sell or rent Developer Tools, or to grant a license to use Developer Tools, without obtaining the Company's prior approval in writing or in other method designated by the Company;
- To delete, erase, change, and/or obscure the indications of trademarks, copyrights, patents or other intellectual property rights, and/or the ownership of Developer Tools (including their copies);
- To use or misuse Developer Tools beyond reasonably needed suitable times, or to use Developer Tools in a method that does not comply with instruction or the like given by the Company; or
- To use Developer Tools in a mode that is beyond the Purpose or in a method and/or mode that is decided as inappropriate by the Company.
5. Relations of Right
Customer is entitled to neither acquire the ownership of Developer Tools under the Terms nor acquire any other rights except the user right to Developer Tools under the license granted pursuant to the Terms. All of the rights and titles to Developer Tools and their interests, including all the copyrights, trademark rights, and other intellectual property rights to Developer Tools, are owned by the Company or subsidiaries, affiliates, vendors, and/or licensees.
Customer shall agree that the Company may access Development Applications in order to examine whether those applications comply with the Terms.
Moreover, Customer shall agree that the Terms do not restrict the Company's development and/or offer of software and/or service that is competitive with or similar to Development Applications unless the Terms infringe on an intellectual property right of Customer.
Customer may provide suggestions, comments or other feedback (collectively, “Feedback”) to the Company with respect to the Site and the Company’s products and services. Feedback is voluntary. The Company may use Feedback for any purpose without obligation of any kind. To the extent a license is required under Customer’s intellectual property rights to make use of the Feedback, Customer grant the Company an irrevocable, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in connection with the Company’s business, including the enhancement of the Company’s products and services.
7. Exemption from Warranty
In no event, the Company either warrants Developer Tools as they have no errors, bugs, logic errors, failures, interruptions and/or no other defects or warrants Developer Tools as they are reliable, accurate, complete and/or effective. Without warranty of any kind whether expressed or implied, the Company offers Developer Tools "as is" at the time of the offering and, in no event, the Company either warrants Developer Tools as they are compatible with a specific objective, useful (informative) or secure to such objective, or warrants Developer Tools as they have the title to and non-infringement on such objective. The content and/or data that Customer is to download through a Developer Tool or in other method shall be obtained at Customer's responsibility; Customer shall be fully responsible for damage to Customer's property and/or loss of data caused from such downloads.
Customer agrees to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to Customer’s use or misuse of Developer Tools or Customer’s breach of this Agreement.
9. Limitation of Liability
To the maximum extent permitted by law, in no event shall the Company be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to Customer’s use or inability to use Developer Tools, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if the Company has been advised of the possibility of such damages.
10. Third Parties Software
Developer Tools offered by the Company may include some programs, technologies, and/or other intellectual properties of third parties, including software of open sources ( "Third Parties Software") besides those of the Company, or may require such software to use. Customer shall agree that Third Parties Software is subject to the licensing terms and conditions of use specified by the relevant Third Parties. No provisions of the Terms restrict any rights related to the licensing terms and conditions of use offered by the relevant third parties. Moreover, the Company assumes no liability for restricted use of some Developer Tools due to restriction under the licensing terms and conditions of use of some Third Parties Software.
In connection with this, if Developer Tools include some Third Parties Software, the licensing terms and conditions thereof will be uploaded on the Company's website or described in the relevant documents of the Company. All of the Third Parties Software programs are offered "as is" by the Company without warranty and liability of any kind.
12. Export, Import and Other Regulations
Developer Tools may be subject to laws and regulations including the “Foreign Exchange and Foreign Trade Act”, related regulations and the US Export Administration Act or other export control laws of other countries. Customer shall not, directly or indirectly, export, re-export or release Developer Tools to, or make Developer Tools accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. Customer shall comply with all applicable laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making Developer Tools available outside any jurisdiction or territory.
13. Termination of Developer Tools and Developer's Use Terms
In case Customer breaches any of the terms and conditions of the Terms, the Company may, at any time, terminate the Terms and suspend or terminate the Customer's Developer Account. In this case, the Company e-mails Customer of the termination or takes a reasonable step to notify Customer of the termination the next time when Customer tries to access its Developer Account or Developer Tools.
Regardless of the reason, if the Terms or the Developer Account of Customer is terminated or suspended by the Company, Customer is subject to the following terms and conditions:
- The Terms and all of other rights granted to Customer shall be terminated pursuant to the Terms and all applicable rules;
- The Company may delete the Customer's information and account date that are saved on the Company's server (however, not obliged to do so);
- The Company shall not be held liable to Customer and any third parties for the compensation, refund, and damage that may arise in relation to the termination or suspension of Developer Tools for Customer, or to the deletion of the Customer's information or account data.
14. Governing Law and Severability
The Terms will be governed by and construed in accordance with the laws of Japan. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of the Terms shall continue in full force and effect.
15. Entire Agreement
The Terms, as may be amended from time-to-time by the Company, constitute the entire agreement between the Company and Customer pertaining to the subject matter hereof. Certain provisions of the Terms may be superseded by expressly designated legal notices or terms located on particular pages within the Site.