ライセンスの概要

このセクションでは使用許諾契約の使用条件の主な部分を説明します。この文章に曖昧な点・矛盾がある点がある場合には、 使用許諾契約の本文が優先されます。

Vivliostyle Formatterは、以下のいずれかのライセンスで提供されます。

Standalone LicenseとServer Licenseには、購入から1年以内にリリースされたVivliostyle Formatter新バージョンへの 無料アップデートが含まれています。メンテナンスとサポートは含まれていないので、必要な場合は別途契約が必要です。

評価版・Standalone License・Server Licenseのいずれでも許可されていない用途向けにCustom licenseを個別に 用意することもできます。例えば、Vivliostyle Formatterをサービスとして提供する場合やVivliostyle Formatterを ソフトウェア製品にバンドルして提供する場合にはCustom licenseが必要になります。


End User License Agreement for Vivliostyle Formatter(Vivliostyle Formatter 使用許諾条件)

Definitions

Licensor
Vivliostyle Inc. (“株式会社ビブリオスタイル” in Japanese), a company incorporated in Japan, and registered at the following address:
4-4 Co-Lab Sendagaya, 1-13-11 Sendagaya, Shibuya-ku, Tokyo, 151-0051 JAPAN.
Licensee
The individual or entity exercising the permissions granted by this Agreement, including the entity's affiliates. For this purpose, affiliates shall mean any entity directly or indirectly controlled by or controlling the entity exercising the permissions granted by this Agreement, including but not limited to through majority stock ownership, ability to direct its affairs, or to control the composition of the board of directors.
The Software
The latest version of Vivliostyle Formatter at the time of entering into the Agreement, as published on Licensor's website, or conveyed directly to Licensee.
Software Update
Newer versions of Vivliostyle Formatter, released by Licensor at its own discretion, for purposes such as adding new features, addressing defects, or any other changes it deems appropriate. For avoidance of doubt, this shall not include any other product or service by Licensor.

License

Licensee agrees to be bound by the terms of this Agreement by downloading, installing, or otherwise using the Software. If Licensee does not agree to the terms of this Agreement, it must immediately destroy all copies of the Software, and must not use the Software.

Subject to the terms and conditions of this Agreement, Licensor grants Licensee a limited, non-exclusive, non-transferable, non-sublicensable, worldwide license to use the Software.

The Software is licensed, not sold.

This Agreement defines four possible types of license:

Unless made explicit by Licensor when Licensee purchases or is otherwise granted a License, the terms of the Evaluation License shall apply.

Evaluation License

Standalone License

Licensee may download, copy and install the software onto the number of computers for which Licensee has purchased or been granted a license, and each copy may be used by a single user for Interactive Use only.

Interactive Use means that the Software may be used directly from the command line or indirectly as a component of a larger system, but that it must only be invoked as the result of an explicit action of the local user of the computer the Software is installed on. Usage in server software or other fully automated systems, scheduled batch processing, or access over a network connection are explicitly excluded.

Server License

Licensee may download, copy, install and use the software in the number of Server Computers for which Licensee has purchased or been granted a license.

A Server Computer means a computer or a virtual machine with up to 8 CPU cores, accessible physically or over a network by one or more users.

Within these limits, Licensee may use the Software as a component of a software product, service, or system, web based or otherwise, provided that any third party users of such product, service, or system, cannot submit arbitrary documents and style sheets to be processed by the Software. For avoidance of doubt, such usage is permitted for employees or contractors of Licensee, and offering services that make use of the Software to third parties is permitted, but providing access to the Software as a service to third parties, gratis or for a fee, is not.

Personalized License

Licensee may download, copy, install and use the Software according to the terms of a separate Agreement established when Licensee purchases or is otherwise granted a License.

Restricted Uses

Unless otherwise permitted by Licensor in a separate Agreement:

Support and Maintenance

Unless provided for by a separate agreement, Licensor is under no obligation to provide support, maintenance, or any other services for the Software.

Updates

Licensor may from time to time, but has no obligation, to create Software Updates. Such Software Updates may, at Licensor's discretion, be made available on Licensor's website, or conveyed to Licensee by any means deemed appropriate by Licensor.

This Agreement grants Licensee the right to upgrade to any such Software Update released at most year after Licensee has purchased or been granted a license to the Software.

Licensor shall provide Licensee with any activation key needed to activate the Software Update.

Software Updates are subject to all the terms and conditions of this Agreement, unless Licensor explicitly and at its own discretion, releases them under a revised and/or new version of this Agreement.

For avoidance of doubt, this Agreement does not grant Licensee any right to Software Updates released more than a year after Licensee has purchased or been granted a license to the Software. If Licensee wishes to use such Software Updates, a new Agreement must be entered separately.

Trademarks.

This Agreement does not grant permission to use the trade names, trademarks, service marks, or product names of Licensor, except as required for reasonable and customary use in describing the origin of the Software.

Third Party Components

Licensor represents to the best of its knowledge that it owns or has the necessary rights, including rights to the relevant intellectual property rights, to perform its obligations under this Agreement.

The Software contains third party components, used according to the terms of their respective licenses. Details can be found in the third_party_licenses/ directory of the Software’s package.

Term and Termination

Term

Unless stated otherwise in a separate agreement or unless terminated, this Agreement will continue in in perpetuity.

Termination

  1. Licensee may terminate the Agreement at any time by destroying all copies of the Software.
  2. This Agreement will terminate immediately without notice if Licensee fails to comply with any provision of this Agreement.
  3. This Agreement will terminate immediately without notice as of the date Licensee commences an action, including a cross-claim or counterclaim against Licensor or any other licensee alleging that the Software infringes a patent, threatens to commence such an action, or otherwise supports any claim by a third party that the Software infringes a patent.

In the event of termination, Licensee is must destroy all copies of the Software, and to the maximum extent permitted by law, the licensee is not entitled to any refund or compensation.

No Warranty

THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.

Limitation of Liability

TO MAXIMUM THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Privacy

Licensee grants the right to Licensor to collect and store contact information and related information about Licensee, to be used by Licensor, its affiliates or its subcontractors in order to communicate with Licensee about the Software or other products or services of Licensor, or to follow up on inquiries from Licensee.

Licensor may not use this information for any other purposes, nor may Licensor sell this information to third parties.

Assignment

Licensee may not assign this Agreement to any other person without the express prior written consent of Licensor or its successor in interest, as applicable. A putative assignment made without such required consent will have no effect.

Notwithstanding the above, consent is not required for an assignment of this Agreement by either party in connection with a sale or other disposition of substantially all the assets of the assigning party's business.

Disputes

The parties shall attempt to solve any disputes regarding this Agreement in an amicable manner. Failing this, the parties agree that the courts in Tokyo are to have exclusive jurisdiction to settle any claim, dispute, or matter of difference which may arise out of or in connection with this Agreement.

The agreement shall be governed by Japanese law.