PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS “HERE I RUN” SOFTWARE (“Software”). THIS LICENSE PROVIDES IMPORTANT INFORMATION CONCERNING THE SOFTWARE PROVIDES YOU WITH A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY AND LIABILITY INFORMATION.
BY USING THE SOFTWARE, YOU ARE ACCEPTING THE SOFTWARE "AS IS" AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.
IN NO ENVENT WILL THE AUTHORS BE HELD LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF THIS SOFTWARE.
IF YOU DO NOT WISH TO DO SO, DO NOT USE THE SOFTWARE.
This EULA governs your use of the Software and all related updates and upgrades that replace or supplement the Software in any respect, unless any such update or upgrade is accompanied by a separate license, in which case the separate license shall govern.
1. Limited License Grant
By downloading the Software, you are acquiring and travel-db grants you a personal, limited, non-exclusive and non-transferable license to install and use the Software for your personal, non-commercial use. Your acquired rights are subject to your compliance with this EULA. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Software or rights to use the Software. The terms of this EULA shall commence on the date you install or otherwise use the Software and shall end on the earlier of the date you dispose of the Software or travel-db’s termination of this EULA. This EULA does not entitle you to receive from travel-db hard-copy documentation, support, maintenance, telephone assistance, enhancements or updates to the Software.
2. Restrictions on Use
Your right to use the Software is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Software or any component of it, except as expressly authorized by travel-db. Unless you have received prior written authorization from travel-db, you must not:
- access or use the Software through any technology or means other than those provided in the Software, or through other explicitly authorized means travel-db may designate;
- make a copy of the Software available on a network where it could be used by multiple users;
- copy, translate, modify, or make derivative works of the Software or any part thereof;
- redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Software available to third parties;
- reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by applicable law or by the licensing terms governing use of any open sourced components included with the Software;
- delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears in the Software;
- remove or alter travel-db’s trademarks or logos or legal notices included in the Software or related assets.
In no event may the Software be used in a manner that:
- harasses, abuses, threatens, defames or otherwise infringes or violates the rights of any other party;
- is unlawful, fraudulent or deceptive;
- uses technology or other means to access travel-db’s proprietary information that is not authorized by travel-db;
- uses or launches any automated system to access travel-db’s website or computer systems;
- attempts to introduce viruses or any other malicious computer code that interrupts, destroys or limits the functionality of any computer Software, hardware or telecommunications equipment;
- attempts to gain unauthorized access to travel-db’s computer network or user accounts;
- encourages conduct that would constitute a criminal offense, or would give rise to civil liability; or
- violates this EULA.
3. Reservation of Rights
You have obtained a license to the Software and your rights are subject to this EULA. Except as expressly licensed to you herein, travel-db reserves all right, title and interest in the Software. This license is limited to the intellectual property rights of travel-db and does not include any rights to other patents or intellectual property. All rights not expressly granted herein are reserved by travel-db.
4. Submissions of user location to travel-db
The Software uploads your location to travel-db and you can share your location with others through travel-db’s web service. You agree that travel-db is only acting as a passive conduit for you to share your location.
You agree to understand that sharing your location may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you and a risk of any other loss or damage to your property, and you agree to have sole responsibility for any results arising from those risks.
You must provide at your own expense the equipment, Internet connections or mobile devices and/or service plans to use this Software. travel-db does not guarantee that this Software is available in all geographic locations. You acknowledge that when you use this Software, your wireless carrier may charge you fees for data, messaging, and/or other wireless access. Check with your carrier to see if there are any such fees that apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THIS APPLICATION FROM YOUR MOBILE DEVICE.
6. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. TRAVEL-DB AND TRAVEL-DB’S LICENSORS (COLLECTIVELY “TRAVEL-DB” FOR PURPOSES OF THIS SECTION AND SECTION 7) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. TRAVEL-DB DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES. NO ORAL OR WRITTEN ADVICE PROVIDED BY TRAVEL-DB OR ANY AUTHORIZED REPRESENTATIVE OR THIRD PARTY SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL TRAVEL-DB, ITS SUBSIDIARIES OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS LICENSE OR THE APPLICATION, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT TRAVEL-DB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN NO EVENT SHALL TRAVEL-DB’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
8. Limitation of Liability and Disclaimer of Warranties
Limitation of Liability and Disclaimer of Warranties are Material Terms of this EULA. You agree that the provisions in this EULA that limit liability are essential terms of this EULA.
You agree to defend, indemnify, and hold harmless travel-db and its employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees) that arise from your use or misuse of the Software, violation of this EULA or violation of any rights of a third party. travel-db reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
10. Severability and Survival
If any provision of this EULA is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this EULA shall continue in full force and effect.
11. Injunctive Relief
You agree that a breach of this EULA will cause irreparable injury to travel-db for which monetary damages would not be an adequate remedy and travel-db shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
12. Governing Law
This Agreement and all disputes or controversies arising out of or relating to this Agreement shall be governed by, and construed in accordance with, the internal laws of JAPAN, without regard to the laws of any other jurisdiction that might be applicable because of the conflicts of laws principles of JAPAN.
13. Entire Agreement
This EULA constitutes the entire agreement between you and travel-db with respect to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless made in writing and signed by travel-db. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this EULA, any applicable purchase, or other terms, the terms of this EULA shall govern.
This EULA is effective until terminated. Your rights under this EULA will terminate immediately and automatically without any notice from travel-db if you fail to comply with any of the terms and conditions of this EULA. Promptly upon termination, you must cease all use of the Software and destroy all copies of the Software in your possession or control. Termination will not limit any of travel-db’s other rights or remedies at law or in equity. Sections 9 – 13 and 17-18 of this EULA shall survive termination or expiration of this EULA for any reason.
travel-db Co., Ltd.