niconicoPodder | TERMS OF SERVICE (C)2007-2011 rocaz.net All rights reserved. Revised: 20 Dec 2011 Initial Release: 25 Aug 2009 [Origin TERMS is in Japanese, This terms is reference translation.] niconicoPodder provides the Applications and related Services to you("End User"). By using the niconicoPodder, you are agreeing to be bound by the following terms and conditions ("TERMS OF SERVICE"). If you cannot agree this terms, you MUST NOT use the Applications and Services, even in case of partially. In this Terms, "you", "yours" and "End User" shall mean the user of the Applications and Services, "we", "us" and "our" shall mean "niconicoPodder provider" the owner and licensor of the Application and Services, "Applications", "Services", "Apps" shall mean a series of the Applications and Services that paltou.ch servicer provide. 1. Property Rights There Applications and Services is our Literary property. The End User MUST confirm the following each title, and agree. (a) The Applications and Services must be protected by a copyright and a relating other law. (b) The copyright, other intellectual property rights of this software, and rights to relate must belong to us. (c) In this Terms, we must be reserving all rights other than without the license's being given tacit, and being permitted by End User specifying it. (d) The End User MUST NOT have the profits other than use rights provided by any property right and this Terms for this Applications and Services. The End User MUST NOT protest against our property right to this Applications and Services, and NOT object to the validity of our rights in always and any place when. This Terms doesn't give the rights to use our trademark and service mark for the End User. 2. License According to the condition that the End User provides in this contract, Only as for the use limited to the user individual's use, we gives the End User a license that non-monopolizes and is nonnegotiable for using The Applications and Services. By the payment of the software fee from the End User, We grant the above-mentioned rights of use to the End User. It is not this limitation when there is no payment. Payment fee and method and conditions is decided by us, and announce to the End User by any way. The End User CAN use on one computer (logical number) per payment unit. Two or more payments are required for two or more sets of use. We reserve the right to change, modify, and update the Applicationa and Services at any time for any reason, without notice to you. We reserve the right to refuse service to anyone and to discontinue our Services at any time. We also reserve the right to deny your access to the Applications and Services due to your unprofessional conduct or practices, complaints about you from other End User of the public, and other reasons which we consider, at our sole discretion, to be harmful or disruptive. We don't owe the obligation of all the repayments and the returned goods of the use charge even though any reason exists. Moreover, the End User MUST assumes the one agreeing to abandon all claims according to the repayment and returned goods to us. 3. Limitation The End User MUST NOT do the following acts. (a) Modify, adapt this software, change, translate or make a secondary book or unite this Applications with other software. (b) Lease this Applications and Services to the third party regardless of for a fee and free of charge or loan it. (c) Permit again, distribute this software or a part of the module for the third party or move. (d) A reverse engineer, decompile, assemble this software reversely, try the source code of this Applications additionally, and try to extract it. (e) Do removing the our rights display (The copyright and the trademark right display are included), changing or indistinctly. (f) The access or the use of this software must be permitted to the third party (For instance, in the time sharing form) oroperate this Applications and Services partially of service aiming at other people's use and profits. (g) Reproduction and use of this Applications (h) Do this Applications and Services or the relating service and do use in contradiction to the intention of our illegally with the modification or mistake. 4. DISCLAIMER OF WARRANTY This Applications and Services is offered by the current having appearance("as is") that any kind of guarantee is not accompanied. We DO NOT assume a performance guarantee responsibility that specifies or is revelation including a revelation guarantee of commerce concerning this Applications and Services, and specific adaptability to the purpose and no violation of the right at all. We DO NOT guarantees and DO NOT declare, the function included in this software It agrees with the user's demand, it operates without this software interrupting, it is error-free, corrected the defect of this software, user's profit is violated, and the third-party right is not violated, all attaching to accuracy, reliability, and the adaptability of this Applications and Services. Moreover, the End User MUST admit, and approve not author's taking the responsibility at all even if it is assumed the one done by End User's responsibility, and exerts any influence on the use of this software and the distribution of the module (installation work to the computer that the End User uses) by this distribution. We DO NOT assume the responsibility of a collateral damage, special damage, punished damage or the expansion damage at all in any case even if the possibility of such damage is recognized. 5. Canceling of Contract The End User can end this contract at any time by annulling all the copies of this Applications and not using it thereafter regardless of the reason. We can end this contract at any time with the notification to the user regardless of the reason. In that case, the End User MUST agrees to abandon the claim. When it violates the obligation that the user provides in this contract, We CAN release this contract at once by notifying the End User the corresponding violation after specification. In that case, We DON'T owe the obligation to return the use charge that has already been paid. The End User agrees to abandon the claim. All rights permitted based on this contract become invalid regardless of the reason when this contract ends, the End User MUST stop the use of this Applications and Services. 6. Transfer The End User cannot transfer user's right in this contract by the law (Absorption, asset sales, and the business integration are included) etc. and transfer End User's obligation without the approval of the prior us. There is no approval prior of the End User, We can have the third party succeed a part of this contract or all rights and duties. In that case, a transferee concerned, the successor or the succession person assumes the one restrained to this contract. The transfer that violates this article is invalid. 7. Revision The End User admits and approves no necessity of the End User's agreement, and the correction concerning this contract at any time when by our arbitrary judgment. The content of the correction is assumed to be the one that is retroactive in the past and applied. 8. Proper law, trial jurisdiction, severability clause, and general clause This contract is interpreted in accordance with the law of Japan as long as it doesn't collide with the principle of the law. The End User and We agree when the jurisdiction over an exclusive trial of the first trial of the lawsuit generated among persons concerned in relation to this contract and other disputes is Tokyo District Court. When the competent court judges that it cannot execute articles with this contract, articles concerned are assumed to be the one executed within the range permitted in the maximum to achieve person concerned's will. Moreover, other articles of this contract are assumed to be the one that continues effectively. This contract assumes all the mutual agreements of the person concerned concerning the use of this Applications and Services to be the one that gives priority over all term of agreement concerning this case performed before this contract is concluded. It is assumed the one done according to the document that the person who had contracting party's right right even if it is any revision of this contract and a waiver signed. In no exercise of the right and the delay of the exercise of right, only part's exercising not the one considered to be an authority and an abdication of one's rights in this contract but the right abandons other rights not to exercise. The End User and We agree, the one that continues effectively even if the limitation of DISCLAIMER OF WARRANTY and the responsibility does a part of this contract, and it is not what the limitation of DISCLAIMER OF WARRANTY and the responsibility essentially fills with the requirement for the limitation of DISCLAIMER OF WARRANTY and the responsibility. end of terms.