Cybozu Mailwise 5 Trial Software License Agreement

Trial Software License Agreement - Cybozu, Inc.

Caution given to all legal entities and organizations going in for
trying out Software owned by Cybozu, Inc. (hereinafter
referred to as "Cybozu") (the Software hereinafter referred
to as "these Software") (all these legal entities and
organizations are hereinafter referred to as "Customer".):
This Trial Software License Agreement (hereinafter referred to as
"this Agreement") is a legal agreement to be signed between Customer
and Cybozu. Customer's installing these Software constitutes
his or her agreeing to being bound by the provisions of this Agreement
and the completion of this Agreement.

These Software are protected by copyright law and a treaty
concerning copyright, law governing other intellectual property rights
as well as the corresponding treaty. It should be noted that Cybozu
does not sell this Software but licenses these Software to
Customer.

These Software contain a third party's programs in which
Cybozu does not own copyright. Please note that this Agreement is not
enabled for these programs. With regard to the conditions for the use
of each of these programs, please see the following file before the
use of these Software:

license.html file, located inside the 3rd_party_license folder 
found within the document root folder

If Customer do not agree to these use conditions, Customer is 
ineligible for the use of these Software, so, please uninstall 
these software immediately.

1. Scope of Trial
In this Agreement Cybozu grants the following rights to Customer:
(1) Customer may try out any of these Software for sixty (60)
days (hereinafter collectively referred to as the Trial Period) 
after installation thereof free of charge.
In the event that Customer intends to continuously use these 
Software longer than sixty (60) days,
he or she will be obliged to acquire software license from Cybozu
separately and in so doing, he/she will be obliged to sign a Software
License Agreement with Cybozu. In no case may Customer continuously
try out or use any of these Software longer than  the Trial
Period.
(2) In trying out any of these Software, Customer may
register someone else as a user (hereinafter referred to as
Registered User). Only those who get registered are authorized to
try out any of these Software. Customer is not allowed to share 
single Registered User name for trying out these Software among 
multiple users. Only one user may try out these Software by one 
Registered User name.

2. Other Rights and Limitations
(1) Customer may duplicate any of these Software solely for
the purpose of backing up the data he/she entered only, provided,
however, that Customer does not try out or use such data
backup-dedicated reproductions in parallel on any computers whether or
not they are owned by Customer or a third party with the exception
that Customer restores his/her backup data.
(2) Customer may transfer any of these Software to any other
server computer Customer owns, but in that case, Customer has to get
all these Software deleted from his or her current server
computer containing these Software.
(3) Customer is not allowed to duplicate (except for backup purposes),
distribute, lend, transmit (including automatic public transmission
and making transmittable), lease any of these Software and/or
give it as a security. In addition, Customer is prohibited from
assigning, reselling or granting the right to use these Software
Products or licensing any third party to try out or use these Software
Products.
(4) Customer may not modify or translate document(s) pertaining to
these Software, carry out reverse engineering, decompiling,
disassembling of these Software, nor to make a software
product derived from any of these Software.
(5) Customer shall not transmit information in large volume 
using the telecommunication function contained in these Software, 
or indiscriminately send e-mails to unspecified persons 
against its will, transmit e-mails to a recipient who has not 
been approved in advance or take any action considered 
inappropriate by Cybozu.

3. Termination
(1) In the event that Customer commits any breach of one of provisions
and requirements of this Agreement, Cybozu may forthwith terminate
this Agreement without any notification.
(2) Once this Agreement is terminated, Customer is obliged to scrap
and/or discard these Software, their constituents, documents
as well as all reproductions from the computer storage medium and is
no longer allowed to continue trying out or using these Software
Products.
(3) Cybozu will assume no responsibility for any losses incurred by
Customer and/or a third party due to their inaccessibility to any of
these Software, associated with the termination of this
Agreement.

4. Limitations of Warranty
Customer hereby confirms and agrees that he or she will assume full
liability for damages or risks of any kind whatsoever, including
direct and indirect damages (loss of data, server down, interruption
of business operations, complaints and claims made by a third party,
etc.), incurred by reason of the trial use of this Software.
Cybozu does not warrant any of the following matters:
- Functions contained in this Software satisfy Customer;
- This Software works normally;
- In the event this Software has defects (including so-called bug
  and structural problems), such defects are remedied.
In addition, any oral or written information or advice provided by
Cybozu is not subject to any additional warranty or expansion of
coverage in any sense.
Cybozu may change or discontinue the provision of service(s)
incidental to this Software without Customer's prior consent. Cybozu
cannot permanently warrant the environment surrounding this Software
provided at the time of signing of this Agreement.

5. Limitations of Liability
In no event including illegal act, illegal contract or legal
grounds, will Cybozu, this Software provider, reseller as well as
providers of the individual information contents be liable for direct,
indirect, particular, incidental or consequent loss and damages of any
kind whatsoever, including loss of commercial value, suspension of
business, damages due to computer failure and any other commercial
loss and damages. Furthermore, Cybozu will never be liable for any
complaints and claims from a third party. When Customer uses different
services incidental to these Software, the provision of the
services may be handled in compliance with service rules set
separately.
Customer's use of services provided by individual information contents
providers shall be in accordance with the provisions of the applicable
agreements to be signed between Customer and the individual
information contents provider.

6. Copyright, etc.
(1) Intellectual property rights of any kind whatsoever, including
ownership and copyright pertaining to these Software (their
entirety including HTML program and screen display), papers relating
to these Software, drawings and documents, etc. (hereinafter
referred as These intellectual property rights) inhere in Cybozu and
its suppliers.
(2) These intellectual property rights are protected by copyright law,
law governing other intellectual property rights as well as the
corresponding treaty. Therefore, Customer is obliged to handle all
these things in the same manner as for other copyrighted works.
(3) Please note that an intellectual property right concerning the
individual contents accessed from these Software and thus
displayed and used is the individual information contents provider's
property and protected as such by copyright law, law governing other
intellectual property rights as well as the corresponding treaty.

7. Governing Law and Miscellaneous Rules
(1) This Agreement is governed under the laws of Japan without giving
effect to any principles of conflicts of laws.
(2) Both Customer and Cybozu agree that if any dispute should arise 
in relation to this Agreement and/or this Software, the Tokyo District 
Court or Tokyo Summary Court has competent jurisdiction for the first 
instance depending on the amount claimed. Customer agree to comply 
with all applicable export and import laws and regulations.

8. Miscellaneous
In the event any terms and conditions different from those terms and 
conditions are attached to the Software obtained by the Customer, these 
terms and conditions shall supersede the attached terms and 
conditions, unless Cybozu clearly states otherwise.
These terms and conditions contains the entire agreement between the 
parties with respect to the subject matter hereof, and supersedes all 
prior and contemporaneous agreements, writings, statements and 
understandings between the parties with respect thereto.
 The Agreement may be amended, supplemented or modified only by a 
written instrument duly executed by each of the parties hereto
In addition, any terms and conditions indicated in order sheets 
rendered by a dealer to the Customer, if any, shall be null and void 
between the parties hereto and make no effects to the Agreement.
If effectiveness of any provision of this Agreement is restricted, such 
provisions shall be valid to the extent permitted by the applied laws 
and regulations. 
If any provisions of this Agreement is declared invalid or 
unenforceable by any lawful tribunal, then it shall be adjusted to 
conform to legal requirements of that tribunal and that modification 
shall automatically become a part of this Agreement, or if no 
adjustment can be made, the provision shall be deleted as though never 
included in this Agreement and the remaining provisions of this 
Agreement shall remain in full force and effect unless such invalidity 
or unenforceability causes substantial deviation from the underlying 
intent of the parties expressed in this Agreement. In such case, the 
parties shall replace the invalid or unenforceable provision with a 
valid or enforceable provision which corresponds as far as possible to 
the spirit and purpose of the invalid or unenforceable provision.

                                                     Li_MW_TRY_121008