iRemocon

  •  

AGREEMENT

TOP > AGREEMENT

Please read the rules in the by-law agreement carefully before using the iRemocon built-in software and the corresponding application software “iRemocon”. Glamo Inc. grants to those who wish to use this software (“Users”) in accordance with the terms of agreement for the rules in the by-laws and associated guidelines, manual and other conditions. If you do not agree to all of the terms of the agreement, please return the product and software to the dealer prior to use. The software license agreement (“agreement”) is to be conducted between Glamo Inc. and all users.

Chapter I: General

Article 1: Purpose of the agreement

The agreement is intended to grant users license to the iRemocon built-in software and the corresponding application software “iRemocon,” and to stipulate the details under which the user may use them.

Article 2: Definition

1. In the agreement, “Official website” means the domain name, http://www.i-remocon.com/ that is managed by Glamo Inc.

2. In the agreement, “Intellectual property” means a legal right, trade secret, and other exclusive rights to a variety of intangible assets that are protected by laws regarding patent, utility model right, design right, copyright, trademark, business name, shop name, and other intellectual assets.

3. In the agreement, “Electronic mail (E-mail)” means electronic mails as stipulated under Japanese law in the Act on Regulation of Transmission of Specified Mail (Article 26, 2002), Paragraph 1, Article 2.

4. In the agreement, “Confidential communication” means all types of documents that Glamo Inc. provides to users regardless of tangible and intangible information.

5. In the agreement, “Regulation” means treaty, policy, government decree, mistrial ordinance, rules, announcement, judgment, decision, arbitral award, information, and policies among proper authorities that are applied to parties in this agreement.

6. In the agreement, “application” means a software application, “iRemocon,” downloaded by users from the official website.

7. In the agreement, “product” means a product named “iRemocon,” that Glamo Inc. manufactures. It is described on our official website.

8. In the agreement, “built-in software” means the software that is pre-installed in the product. It is described on our official website.

9. In the agreement, “copyrighted work” means relevant copyrighted work (various data and usage histories etc.) in the application.

Article 3: Scope of agreement

1. The scope of the agreement is applied only for the purpose that is defined in Article 1 in the terms of agreement.

2. Guidelines, manuals, special agreements, instructions for the product, and other prescriptions (“The terms”) defined on our official website or on the registration page are part of the agreement.

3. If there is contradiction by interpretation between the agreement and the terms, the terms is applied on a priority basis.

4. If there is a disagreement between this license agreement and the terms, the terms will take priority.

Article 4: Establishment of the agreement

1. The agreement for the built in software is established by users breaking or removing the sticker on the outside of the package that describes the agreement.

Chapter II: Licensing to the built-in software and the application

Section 1: General

Article 5: Purpose

This section is intended to stipulate conditions that are applied by the license agreement to the application software (“software”).

Article 6: Handling intellectual property

1. Users confirm preliminarily that the software is protected domestically and internationally by laws regarding intellectual property and other relevant laws.
2. Users confirm preliminarily that the agreement is the license agreement for personal use only. The product is not for resale or other use.
3. The application and built in software (and product?) is owned by Glamo Inc. or the original patentee (“original patentee”), who grant users the rights enumerated in this license agreement. This agreement is not transferable to other users.
4. Any rights that are not explicitly assigned to users in the agreement are collected and reserved by Glamo Inc. or the original patentee without any limitation.

Article 6: Handling intellectual property

1. Users confirm preliminarily that the software is protected domestically and internationally by laws regarding intellectual property and other relevant laws.

2. Users confirm preliminarily that the agreement is the license agreement for personal use only. The product is not for resale or other use.

3. The application and built in software (and product?) is owned by Glamo Inc. or the original patentee (“original patentee”), who grant users the rights enumerated in this license agreement. This agreement is not transferable to other users.

4. Any rights that are not explicitly assigned to users in the agreement are collected and reserved by Glamo Inc. or the original patentee without any limitation.

Article 7: Handling the copyrighted work

1. Copyrightable work created with the software remains the copyright of Glamo Inc.

2. If the software is used to duplicate, save, or restore copyrighted work, users shall agree to record the frequency of duplication, save, and restoration of the copyrighted work to track the status, and to reject the duplication, save, or restoration of the copyrighted work as necessary, or cancel the agreement.

Article 8: Prohibited use of the software

a. Neither the user nor a third party permitted by the user shall reprint, copy, publish, modify, distribute, or reuse the intellectual property of the software in whole or in part.

b. Neither the user nor a third party permitted by the user shall grant permission to another party to use or reuse the software, or otherwise act beyond the scope of the agreement.

c. Neither the user nor a third party permitted by the user shall copy, fix, translate, modify, adapt, develop a derivative work, reverse engineer, or disassemble the software.

d. Neither the user nor a third party permitted by the user shall seek to extract or derive trade secrets regarding the source code of the software.

e. Neither the user nor a third party permitted by the user shall develop replacement software, provide similar services using the software, create a product, or undertake the development of a product, using the software, the programs of the software, or relevant trade secrets.

f. Neither the user nor a third party permitted by the user shall, for any purpose, use the trademark of the software, brand name, service mark, logos, domain name, or other specific characteristics of the branding, trademark, copyright, patent, or other intellectual property without explicit agreement in writing from Glamo, Inc.

g. Neither the user nor a third party permitted by the user shall register or attempt to register a trademark, trading name, service mark, logo, domain name, or other specific characteristics of Glamo Inc’s branding, copyright, or other intellectual property, except if under Glamo Inc’s name.

h. Neither the user nor a third party permitted by the user shall delete, obscure, or change the registered mark, trademark, data in the software, the copyright that is specified in the copyrighted work, or other intellectual property of Glamo, inc.

i. Neither the user nor a third party permitted by the user shall violate the intellectual property of Glamo, Inc, or of any third party.

j. The iRemocon is not designed for the operation of appliances that may be involved directly or indirectly with medical equipment, death, or injury to a person, and neither the user nor any third party shall attempt to do so.

k. The iRemocon is not designed for the operation of appliances that may be involved directly or indirectly with heating equipment, cooking appliances, fire, or causes of physical or environmental loss, and neither the user nor any third party shall attempt to do so.

l. Neither the user nor a third party permitted by the user shall use the iRemocon for purposes other than those listed in Article 10 Clause 2 and Article 14 Clause 2.

Section 2: License agreement for the built-in software

Article 9: Purpose

The purpose of this article is to stipulate the details of the permissions granted by Glamo Inc. to the user with the license of the iRemocon built-in software.

Article 10: License agreement

1. Glamo Inc. agrees to grant to users a nonexclusive and nontransferable license to use the built-in software.

2. Users shall use the built-in software for the purpose of controlling remotely and safely electronic appliances for everyday consumer use, as stipulated in the agreement.

Article 11: Functions

1. The functions of the built-in software that users are allowed to use are those that operate remotely electronic appliances defined in Article 10 Section 2 and that are stipulated elsewhere in this agreement.

2. Glamo Inc. cannot make any guarantees regarding the behavior of the built-in software when it is operated in a manner not allowed by the previous clause. agreement.

Article 12: Responsibility for remote operation and use of the built-in software

1. Users take full responsibility for control of the built-in software.

2. The built-in software controls the targeted appliances remotely on behalf of the user; however, the user is fully responsible for the remote operation. Glamo Inc. cannot guarantee the remote control itself.

3. The built-in software controls appliances through infrared rays, which cannot be considered to be reliable, and Glamo Inc cannot be responsible for a failure to control an appliance.

Section 3: License agreement for the application

Article 13: Purpose

The purpose of this section is to stipulate the details of the permissions granted by Glamo Inc. to the user with the license of the application.

Article 14: License agreement

1. Glamo Inc. grants users a nonexclusive and nontransferable license to use the application.

2. Users shall use the application only for the purpose of operating the product remotely and safely, and for those other purposes that are stipulated in the agreement.

Article 15: Function

1. Users are allowed to use those functions in the application that control the product remotely and those other functions that are stipulated in the agreement.

2. Glamo Inc. cannot make any guarantees regarding the behavior of the application when it is operated in a manner not allowed by the previous clause.

Article 16: Responsibility for use of the application and remote operation

1. Users take full responsibility for the use of the application.

2. The application supports the remote control of the product on behalf of the user; however, the user is fully responsible for all remote operation. We cannot take any responsibility for the relevant remote operation.

3. If users control the application from a remote location that is away from the product, they shall understand the possibility of the product malfunctioning as a result of the software specification. Glamo, Inc, cannot be responsible for the consequences of the malfunction including electricity expenses and other damages caused by the malfunction.

Article 17: Preparation of smartphones

Users are responsible for providing and preparing a smartphone as listed in the Appendix for use with the application

Article 18: Modification and addition to the application

1. Glamo Inc. shall modify, add, remove, or upgrade the application in whole or in part at Glamo’s discretion.

2. Glamo Inc. cannot take any responsibility for any modifications, additions, removals, or upgrades, in whole or in part, made to the application under the previous clause.

3. Glamo Inc. plans to distribute third party advertisements as a future feature of the application. Users consent to this feature in advance.

4. Glamo Inc. shall halt or stop communication with the application upon request or action by mobile phone manufacturers as stated in Article 17, telecommunication corporations, Apple Inc., or other third parties in relation to communication with the application.

5. Glamo Inc. cannot take any responsibility for halting or stopping communication as stated in the previous clause.

Article 19: Measures against viruses

Glamo Inc. works to take measures against computer viruses in order to prevent users’ mobile handsets as well as the application from becoming infected with computer viruses. However, Glamo Inc. cannot be responsible if a user’s mobile handset or the application becomes infected with a computer virus. Users cannot seek from Glamo Inc. compensation, restitution of lost earnings, or any other demand on the grounds of infection by computer viruses.

Chapter III: Confidentiality agreement

Article 20: A duty to confidentiality

1. Glamo Inc. and the user shall keep confidential information that is disclosed by one party to the other secretly and safely.

2. Regardless of the previous clause, the following information is not to be considered confidential.

a. Information that is known to the general public no matter how disclosed.

b. Information that is already known by the recipient at the time of disclosure.

c. Information that is disclosed by third parties who have a right to disclose that information to recipients without a duty of confidentiality.

d. Information that is approved in print for disclosure.

3. If the government, a person who is identified by private information, or a lawyer requests a disclosure of confidential information, the parties shall disclose the minimum confidential information necessary without incurring any obligation to the government, the identified person, or a bar association, regardless of any other information that is not stated in the previous clause.

Article 21: Limitation of use

1. Glamo Inc. and the user shall use confidential information for as long as necessary in order to achieve the purposes that are stipulated in Article 1.

2. Glamo Inc and the user shall not use without advance written approval confidential information for any purpose other than the purposes for which the information was disclosed.

Chapter IV: Consideration

Article 22: Consideration

1. The consideration of the application is no consideration. Glamo Inc. shall not charge users for the application.

2. Regardless of the previous clause, Glamo Inc. shall consider the application to be non-free in the future, by modifying, adding or upgrading the whole or part of the application. In this case, Glamo Inc. shall obtain users’ consent in advance.

Chapter V: General clause

Article 23: Modification of the contract

1. Glamo Inc. reserves the right to change, revise, add to or delete from the agreement at any time.

2. The change, revision, addition to, or deletion from the agreement is valid in any of the following circumstances

a. If a representative person who has a legitimate authority informs Glamo Inc. in print with his or her signature.

b. If the user accepts the updated content online.

c. If, after Glamo Inc. informs a user of the updated content of the application through means other than the two previous, including being published on the official website, the user continues to use the software.

3. If a user cannot accept the change, modification, adding, or removal of the agreement as stated in the first clause, the user shall cancel the agreement.

Article 24: Term of contract

1. The agreement is valid until it expires. 2. If a user violates any of the clauses in the agreement, Glamo Inc. shall terminate the user’s contract without notifying to the user. 3. If the contract is terminated, the user must stop using all software, and remove every part of any original or copied software.

Article 25: No warranty

1. Regarding the built in software.
a. Glamo Inc. cannot guarantee that all targeted products are successfully controlled by the built-in software, or controlled without malfunction.

b. Glamo Inc. cannot guarantee that all appliances can be controlled by the built-in software.

c. Glamo Inc. cannot guarantee the accuracy of the time that is configured in the built-in software.

d. Glamo Inc. cannot guarantee that related or associated services of the built-in software including functions that are provided on or through the official website will be provided permanently.

e. Glamo Inc. cannot guarantee that the built in software is fit for any particular purpose.

2. Regarding the application.
a. Glamo Inc cannot guarantee that all appliances can be controlled by the application.

b. Glamo Inc cannot guarantee that related or associated services of the application including functions that are provided on or through the official website will be provided permanently.

c. Glamo Inc cannot guarantee that the application is fit for any particular purpose.

3. Glamo Inc. shall offer the software as-is and with no guarantee that it is free from defect.

4. Glamo Inc. and the original system right holders work to take measures against bugs and errors in the software, against the software aborting, and against causing damage to users or third parties, however, Glamo Inc cannot guarantee this.

5. If appliances controlled by the software or the software or telecommunication services of telecommunications carriers, including the product, software or services, are stopped by the decisions of the software, or telecommunication services of telecommunications carriers, Glamo Inc. and the original system right holders take no guarantee that the appliances controlled by the software, software or telecommunication services of telecommunications carriers run properly without interruption.

6. Since the built-in software and the application are connected in a system that is used by telecommunication services provided by telecommunications carriers, with the possibility of connection troubles or flaws in mobile handsets operated by the user, Glamo Inc. cannot guarantee that the user can always use the built-in software and the application properly.

7. Glamo Inc. does not take responsibility for the backup of data that is provided by users, including the product information necessary for repair, and does not take any responsibility for a loss of data regarding the software.

8. Glamo Inc. does not take responsibility for interruption or errors in the software, to fix errors and bugs, or to remove computer viruses on the software or software on the servers, or other harmful factors.

9. Glamo Inc. does not guarantee the use of the application on the mobile handsets as described in Appendix: Mobile handsets.

Article 26: Limitation of responsibility

Total responsibility for Glamo Inc. to users is limited to normal damages that affect directly and in actuality, and the price of the product is a maximum.

Article 27: Unavoidable occurrence

If the duties under the agreement cannot be redeemed due to unavoidable occurrence, Glamo Inc. does not take responsibility for debt default, such as delay or failure of the performance of obligations, and does not pay damages resulting from breach of contract.

Article 28: Measure of conformity

Users shall observe all the measures with regard to the use of the software.

Article 29: Notice

1. Glamo Inc. sends notices to users via electronic mail, official website, mail, or other ways that Glamo Inc. determines to be appropriate.

2. Notices from users to Glamo Inc. shall be sent to an email address or mailing address that Glamo Inc. provides.

3. The notices stated in the previous two clauses take effect at the time when the party concerned receives the notices.

Article 30: No waiver

Even if one of the parties concerned resigns his or her rights regarding any contract violation in the agreement, the party interested is not deemed to have released the rights for the same contract violation in the future.

Article 31: Forbiddance of the transfer of rights

Glamo Inc. and users cannot transfer, translate or keep as collateral, or transfer or approve the transfer of the agreement in whole or in part, or the rights resulting from the agreement, in whole or in part.

Article 32: Isolation from the invalid agreement

1. Even if any of the clauses in the agreement become invalid or illegal, the relevant clauses have no effect on other clauses in the agreement, and other clauses remain thoroughly valid.

2. Even if another user invalidates or revokes a clause of their agreement, this agreement with the user remains valid.

Article 33: Titles

The titles of the agreement are simply used as a matter of convenience, and they have no effect on the interpretation of the agreement.

Article 34: Modification of the agreement

The agreement cannot be changed, cancelled, or its rights resigned unless changed by Article 23, defined separately in the agreement, or signed in print by a representative of Glamo Inc who has a legitimate authority.

Article 35: Entire agreement

The agreement is worked out with entire agreement between the parties concerned regarding the agreement, and it is prioritized and replaces any other agreements that are made before the agreement, comprehension, and intentions.

Article 36: Governing law

The agreement is interpreted by the laws of Japan, and governed by the laws of Japan.

Article 37: Agreed jurisdiction

Conflicts between Glamo Inc. and user(s) regarding the agreement are tried at Tokyo District Court as the first exclusive agreement jurisdictional court.

Article 38: Remaining propositions

Even after the agreement is terminated, Articles 1, 2, 3, 5, 6, 7, 8, 9, 12, 16, 20, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 36, 37, and this article remain in effect.

Appendix: Mobile handsets

Mobile handsets Manufacture Abstract
iPhone5, iPhone4, iPhone3GS, iPhone3G, iPod touch (3rd and 4th generations), iPad, iPad2, iPad Retina, and Android 2.1 and above. Apple Inc. N/A

pagetop