Zuken Inc. – Terms of Access to Zuken Global Support

This website is operated by Zuken Inc ("Zuken"). These terms ("these Terms") shall govern your use of this website ("Zuken Global Support"). If you use Zuken Global Support, you are deemed to have accepted these Terms and they shall apply to you and the organization for whom you work as User defined in Article 1.

Article 1 (User)

User shall mean a person who uses Zuken Global Support and works for a legal entity or any organization including a company, business unit, laboratory or division for which Zuken provided ID and password of Zuken Global Support.

Article 2 (Modification of these Terms)

From time to time we Zuken may modify these Terms without giving prior notice to User. If these Terms are modified, the former version of these Terms will be of no effect and the modified version of these Terms shall apply to User. In no event shall Zuken be liable to User for any loss or damage that may arise as a result of such modification.

NOTE: Please do not confuse these Terms with the terms and conditions of business which govern the terms upon which Zuken or its affiliate will directly or indirectly supply goods and services (including maintenance and support) under contract with an organization for which User works. Please contact our local offices with respect to any query as to the terms and conditions of those businesses.

Article 3 (Equipments)

User shall, at its own cost, prepare all necessary equipments and environment for accessing to and using Zuken Global Support such as communication wire or wireless network devices for internet access, personal computer, software, and articles of consumption.

Article 4 (Limitation of Use)

User shall use any and all data, file, contents, information and software Zuken provides through Zuken Global Support ("Provided Information") only for the purpose of using Zuken products. No other purpose shall be permitted.

Article 5 (Ownership of Provided Information)
  1. Copyright, patent, trade mark, know-how, trade secret and any other intellectual property rights of Provided Information shall vest in Zuken or its licensors.
  2. User hereby agree NOT to offer for sale, sell, publish, reprint, reproduce, copy and publicly open to any third party the Provided Information which User received from Zuken, regardless of whether money is transferred or exchanged.
Article 6 (Use of the contents of enquiry)
  1. Zuken may publicly open, revise, add or use the contents of enquiry from User received through Zuken Global Support to a necessary extent for the support purposes. Copyright and all other intellectual property rights in the contents shall vest in Zuken, without any liability to User for the payment of consideration
  2. The previous paragraph shall not apply to design data and other materials of User"s information disclosed to Zuken contained in the User"s enquiry.
Article 7 (Exclusion of Liability)

Zuken will make reasonable efforts to make the Provided Information accurate and error-free. However, Zuken disclaims any warranty of correctness, completeness, merchantability and fitness for particular purposes, whether implied or express. User shall access to and use Zuken Global Support on its own responsibility and Zuken shall not be liable to User for any and all damages arising from the use of Zuken Global Support.

Article 8 (Personal Information)

User agrees Zuken may use User's personal information for operating and providing the services through Zuken Global Support and providing information as to Zuken product, service and any other information of Zuken. User also agrees that Zuken may allow each group company affiliate of Zuken, its licensors, subcontractors and business affiliate partners (a system management company and etc) to use User's personal information for carrying out such purposes. Zuken will not disclose or provide User's personal information to any third party without obtaining prior consent from User. As for Zuken's company policy of privacy, please see the following website:
Notwithstanding the foregoing, if User is in the territory to which respective EU data protection regulations or the General Data Protection Regulation (GDPR) is applicable, not the above-mentioned privacy policy, but the following privacy policy shall apply: https://www.zuken.com/en/privacy
User specifically agrees and acknowledges that User's personal data will be stored on a server outside the European Union for a reasonable time needed for Zuken to fulfill its obligations. If applicable, any process of User's personal data shall be in compliance with respective EU data protection regulations and the General Data Protection Regulation (GDPR).

Article 9 (No-assignment)

User shall not assign or transfer any right or obligation in respect of the use of Zuken Global Support, in whole or part, to any third party.

Article 10 (Suspension)
  1. Zuken may suspend Zuken Global Support without giving prior notice to User if any of the following events occurs:
    1. Maintenance or response to failure for Zuken Global Support is conducted regularly or urgently;
    2. The operation of Zuken Global Support becomes difficult because of earthquake, typhoon, flood, or any other act of God, fire, strike, commotion, riot, war, or any other circumstances over which Zuken has no reasonable control;
    3. The operation of Zuken Global Support is suspended by judicial authorities, administrative authorities or other law and regulations;
    4. Malfunction or suspension arises in respect of telecommunication lines or wireless network system; or
    5. Any other circumstances arise where Zuken at its discretion judges it necessary to suspend Zuken Global Support.
  2. Zuken shall not be liable to User for any loss or damage arising out of or in relation to the suspension, delay, incompleteness or other malfunction of Zuken Global Support on the ground of any reason in addition to the items defined under the previous paragraph.
Article 11 (Change or Termination of Zuken Global Support)

Zuken may terminate Zuken Global Support without giving prior notice to User. Further, Zuken may change, add or abolish the contents of Zuken Global Support at its discretion. Zuken shall not be liable to User for any loss or damage User may incur as a result of such termination or change.

Article 12 (ID and Password)
  1. User shall not provide its ID and Password to any third party or let any third party use its ID and Password. User shall bear all responsibilities for its control and use of ID and Password. Zuken shall not be liable to User for any damage or loss even if its ID and Password are improperly used by a third party.
  2. In the event that User breaches any provision of these Terms, Zuken may immediately delete such User"s ID and Password and terminate the provision of Zuken Global Support. Zuken shall not be liable to User for any damage or loss arising out of such termination.
Article 13 (Export Restrictions and Control)
  1. In the event that User sends Zuken technical information abroad in making inquiries, User shall comply with related legislation of Japanese government and applicable foreign governments in respect of security trade control (hereinafter "Export Related Legislation") and shall NOT provide technical information in violation of Export Related Legislation. User agrees that it will confirm in advance such technical information does not require export permit of any applicable government.
  2. User shall not use or let a third party use Provided Information for the purpose of preventing international peace and security, nor shall User provide Provided Information to any person who has such purpose.
Article 14 (Governing Law and Jurisdiction)

These Terms shall be governed by, and construed in accordance with the laws of Japan.
Any dispute arising in relation to these Terms shall be heard within the exclusive jurisdiction of the Tokyo District Court.

Last Update:31-May-2018