THETA Plug-in Application Common Terms Agreement
This THETA Plug-in Application Common Terms Agreement (hereinafter “Agreement”) is for the sole purpose of enabling you to use and enjoy the benefit of my THETA Plug-in Application. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THETA PLUG-IN APPLICATION.
WORDING USED IN THIS AGREEMENT
Article 1. Definition
- “Plug-in App” means application software provided by Chuck Pressman (“Individual Developer”) on the Website for the purpose of extending the features or functionality of the Designated Products.
- “Website” means the website managed by Ricoh Company, Ltd., with the main purpose of allowing each end user of the Plug-in App (“User”) to download and install the Plug-in App onto the Designated Products.
- “Designated Products” means the products designated on the Website which are capable of installing the Plug-in App.
- “Individual Terms” collectively mean the specific functions and contents of each Plug-in App, provisions, supplementary rules, detailed rules, guidelines, or special agreements separately shown on the Website. If there are any inconsistencies or contradictions between this Agreement and Individual Terms, Individual Terms shall take precedence unless specifically stipulated otherwise.
WHAT THIS AGREEMENT DOES
Article 2. Scope of Agreement
- This Agreement stipulates the basic terms for using the Plug-in App. The Plug-in App can only be used after User’s confirming and agreeing to the terms below and all applicable Individual Terms.
- User shall be deemed to have agreed to this Agreement and Individual Terms upon using the Plug-in App. This Agreement and Individual Terms shall also apply to User for any updated versions of the Plug-in App (if any).
INDIVIDUAL DEVELOPER MAY CHANGE THIS AGREEMENT
Article 3. Change to Agreement
Individual Developer may change this Agreement and Individual Terms without any consent of User. Reasonable limited attempts to make any changes known include updating the version number for the new Plug-in App. User using Plug-in App after the change to this Agreement or Individual Terms are considered to have agreed to the new version of this Agreement or Individual Terms, and Individual Developer will provide Plug-in App according to this Agreement or Individual Terms.
HOW YOU MAY USE PLUG-IN APP
Article 4. Requirements
- The Plug-in App may require a designated Internet connection environment and other conditions (“System Conditions”). Please be aware that the Individual Developer does not guarantee that System Conditions will allow User’s use of Plug-in App without problems. User must prepare System Conditions by themselves and confirm its suitability. User bears all costs required to meet the System Conditions, such as communication costs.
- In addition to the restrictions herein, each Plug-in App may also be governed by Individual Terms. Please read Individual Terms carefully.
WHAT YOU SHALL NOT DO WITH PLUG-IN APP
Article 5. Prohibitions
- User acknowledges and agrees that User is prohibited from the following acts with respect to Plug-in App, except otherwise provided expressly on the Website; to duplicate, extract, modify, make transmittable or otherwise make any secondary use; to rent, sell, distribute, transmit to the public, sublicense or otherwise make available for any third parties; or to analyze or modify by decompiling, disassembling and/or reverse engineering.
- User acknowledges and agrees that User is prohibited from the following acts with respect to Plug-in App: to infringe any rights of Individual Developer or third parties; to harm or disturb Individual Developer or third parties; to prevent Individual Developer from providing and managing Plug-in App; or to act as deemed to be likely to do the aforementioned acts.
- In addition to the restrictions herein, each Plug-in App may also be governed by Individual Terms. Please read Individual Terms carefully.
I PROVIDE PLUG-IN APP WITHOUT ANY WARRANTY
Article 6. No Warranty
CONDITIONS WHATSOEVER INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. INDIVIDUAL DEVELOPER DOES NOT WARRANT THAT PLUG-IN APP WILL MEET USER’S REQUIREMENTS; THAT IT WILL SUCCESSFULLY PERFORM AS INTENDED; THAT ITS OPERATION WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. USER ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR APPROPRIATELY BACKING UP THE CONTENT USER USES ON OR WITH PLUG-IN APP, AND ACCORDINGLY INDIVIDUAL DEVELOPER WILL HAVE NO LIABILITY FOR ANY DATA LOSS THAT OCCURS IN CONNECTION WITH USER’S INTERACTION WITH PLUG-IN APP.
I MAY UPGRADE OR CHANGE PLUG-IN APP
Article 7. Change of Function
- Individual Developer may upgrade, discontinue, alter or delete Plug-in App or suspend access to Plug-in App at Individual Developer’s sole discretion without any notice to User. In each of these cases, Company shall not be liable for any damages caused to User, arising out of its act.
- Individual Developer may discontinue Plug-in App or terminate this Agreement without notice if User breaches or is likely to breach any provision of this Agreement or Individual Terms.
I MAY STOP PROVIDING PLUG-IN APP
Article 8. Suspension
User acknowledges and agrees that Individual Developer may suspend or stop providing all or any part of the function of Plug-in App without prior notices to User in the event of (a) regular or emergent maintenance, construction or any countermeasures against technical issues or problems regarding Plug-in App, (b) any cause not attributable to Individual Developer that makes impossible to provide Plug-in App, including but not limited to, accidents, disasters, force majeure or suspension of the telecommunications service by telecommunications service provider, or © unavoidable cause due to the operational and/or technical reasons in Individual Developer’s sole discretion.
OTHERS
Article 9. Miscellaneous
- Intellectual Property Rights
All proprietary rights including, but not limited to copyrights and patents in relation to Plug-in App shall belong to Individual Developer or Individual Developer’s licensors. User have no intellectual property rights in or to Plug-in App other than the right to use Plug-in App in accordance with this Agreement and Individual Terms. - No Assignment
User shall not assign or otherwise transfer its rights or obligations under this Agreement and Individual Terms. - Jurisdiction
Any dispute or controversy arising out of this Agreement or Individual Terms shall be subject to the exclusive jurisdiction of San Francisco Country, California, according to the amount of claim. - Governing Law
This Agreement and Individual Terms shall be governed and construed in accordance with the laws of the State of California.
Thank you for reading to the end of this Agreement. Please enjoy experiencing new functions of THETA by using THETA Plug-in Application.