Thank you for visiting this “www.modech.com” site (hereinafter called the “Site”).
This Site is provided and operated by MoDeCH Inc., a corporation duly established and registered in Japan having its principal place of business at 5-15, Yokoyama-Cho, Hachioji-Shi, Tokyo, 192-0081 Japan (hereinafter called “MoDeCH”).
1. Description of the Site and Warranty.
This Site contains (i) information, technical or otherwise, about the services (hereinafter called the “Services”) provided by MoDeCH by or through which User may purchase and download MoDeCH’s SPICE (Simulation Program with Integrated Circuit Emphasis) models and related products (hereinafter collectively called the “Products”) and (ii) information concerning MoDeCH and its affiliated companies and vendors. The aforementioned information in (i) and (ii) shall hereinafter be collectively called the "Contents."
The User shall also read and agree with MoDeCH’s Online Purchase Terms and Conditions (hereinafter called the “Purchase Terms”) if User desires to purchase and/or download any Products provided by MoDeCH through the Site.
3. Links to Other Websites
The Site may contain links to any websites operated by any affiliated companies or vendors of MoDeCH, or any other third parties. Any and all such links on the Site to such third-party’ websites are provided solely for User’s convenience. MoDeCH has not reviewed these third-party sites. MoDeCH has no rights to control over, and has no responsibility to, any of these sites or their contents. MoDeCH shall not make any representations concerning these sites or their contents, including without limitation any information, any product, goods or materials posted or provided on or by such sites, or any results that may be obtained by User’s using such sites or their contents. User’s any access and/or use of third-party’s such websites linked to this Site or any services under such sites shall be done at User’s sole and exclusive risk and under User’s sole and exclusive responsibility.
5. Using the Contents
User may use and copy any of the Content; provided, that
- the integrity of the Contents is maintained, and MoDeCH’s status (and the status of any identified third-party contributors) as the author of such Contents is always acknowledged;
- the copyright notice "© MoDeCH Inc., 2019" appears on all copies. If User uses and/or copies any third-party contents appearing on this Site, User shall place the relevant copyright notice pertaining to such contents on all copies; and
- User shall not redistribute the Contents to any third party for any purpose unless otherwise permitted hereunder or otherwise obtaining written consent of MoDeCH. User shall not offer for sale or sell any Contents to any third party or person.
User may not use this Site or any Contents to construct a database of any kind, or store the whole or part of the Site in any database available for access by User or any other person or party. Further User may not distribute, redistribute or transmit any database containing the whole or part of the Site and/or the Contents.
If User desires to use the Site or any of the Contents in any manner other than as described in the Terms, please contact at “email@example.com” to obtain prior written permission of MoDeCH.
Note: Any User breaching a certain provision of the Terms may, in some cases, be judged illegal and be exposed criminal liability or other regal liability in accordance with applicable laws and/or ordinances.
MoDeCH shall have the rights to investigate the conditions of User’s use of the Site (a) in order to verify whether or not User complies with the provisions of the Terms, or (b) in order to comply with any requirement under any laws or regulations or any legal or judicial procedures, or to meet any requests or demands from governmental authorities; provided, however, MoDeCH shall not be obliged to conduct any of such investigations.
6. Downloading the Products
6.1 Product Types.
User may download the Products through the Site, which consist of the following two types;
- freely downloadable Products (hereinafter called the “Free Products”) which User may download through the Site free of charge, and
- paid-for Products (hereinafter called the “Paid Products”) which User may purchase and download through the Site for a fee.
6.2 Rights to the Products.
All the Free Products and the Paid Product downloaded by User through the Site are the copyrighted work of MoDeCH or its Licensor, and any and all copyrights, patents, trademarks, layout-design exploitation rights, mask work rights and other intellectual property rights in or to any Free Products and any Paid Products are, and shall remain, in the ownership of MoDeCH or its licensors.
THE PRODUCT IS WARRANTED, IF ANY, ONLY ACCORDING TO THE TERMS AND CONDITIONS AND THE PURCHASE TERMS.
6.3 Purchasing Paid Products.
User may purchase any Paid Product by downloading it through the Site. User’s Purchase of the Products shall be subject to those set forth in the Purchase Terms.
User may copy and use five (5) copies of each Paid Product only to the extent such copies be used on the same site and premises within the company User belongs to.
Any Products downloaded by User shall not be copied in excess of the aforementioned restriction, and shall not be used by any third party or person other than the employees in User’s company. Any Products shall not be redistributed to any third party or person.
7. User Account
User may register as a registered user for the member area in this Site (hereinafter called “Registered Account”). If User has registered its Registered Account, User shall be responsible for maintaining the confidentiality and security of such Registered Account and related passwords. MoDeCH recommends that User should set User’s passwords by using a combination of letters and numbers, and change them frequently.
User agrees to accept responsibility for all activities concerning User’s Registered Account and/or related password. User shall inform us immediately of any disclosure or possible disclosure to any other person or party which User have any reason to believe to occur.
MoDeCH may dispose User’s any personal information on the servers located in Japan and/or other countries or regions. So, User’s certain personal information may sometimes be handled and/or disposed on the servers located outside the country or region of the relevant User.
If User has any questions concerning MoDeCH’s use of User’s personal information, please contact MoDeCH at firstname.lastname@example.org.
MoDeCH uses its commercially reasonable efforts to ensure the accuracy of the Contents provided on this Site; provided, however, MoDeCH shall in no manner make any representation or warranty, whether expressly or impliedly, as to availability, accuracy, timeliness, security, completeness or credibility of the Contents, including without limitation Paid Products and Free Products. MoDeCH shall not accept any liability for any reliance placed by User on the Contents, including without limitation Paid Products and Free Products.
MoDeCH may, from time to time, change any Contents and/or Services or withdraw any Products and/or Services. MoDeCH shall solely be contractually bound by the terms and conditions herein contained.
Certain Contents posted on the Site by MoDeCH may contain references or cross references to any Products, Contents and/or Services which are not announced or available in User’s country or region. Such references shall not imply that MoDeCH intends to make available such Contents, Products or Services in such country or region. User should consult MoDeCH office for information whether such Contents, Product or Services may be available to User’s country or region.
10. Intellectual Property Rights
10.1 MoDeCH’s Proprietary Rights
User hereby acknowledges and agrees that MoDeCH and/or its licensors own any and all legal rights, title and interests in and to the Site, the Service, the Products and the Contents (including without limitation all text, pictures, graphics, files, graphic design, layouts and the typographical arrangement thereof), including any and all intellectual property rights that exist therein, whether registered or not, in any country or region all over the world they may exist. User further agrees that the Site, the Service, the Products and the Contents contains proprietary and confidential information that is protected by applicable intellectual property laws and other related laws or regulation.
Any trademarks, service marks, graphics, and logos (hereinafter called the “Trademarks”) used on or in connection with the Site, Contents, Products and/or the Service are registered or unregistered trademarks of MoDeCH or its licensors. Any other trademarks, service marks, graphics or logos used in connection with the Site, Contents, Products and/or the Service may be the trademarks of their respective owners (hereinafter called the “Third-Party Trademarks”). User shall not be granted any right or license to or in any of the aforesaid Trademarks or the Third-Party Trademarks. User further agrees not to remove, obscure, or alter any proprietary notices (including trademark and copyright notices) which may be affixed to or contained within the Site, Contents, Products and/or the Service.
If User has any concerns that the Site or any Contents or Products provided or offered on the Site may infringe any intellectual property right of a third party, please email us at email@example.com.
11. User’s Warranty/Comment
User hereby represents and warrants that (a) any and all information provided by User to MoDeCH for using the Site and the Service and/or downloading the Products through the Site is accurate and reflects User’s then current status, and (b) User has any and all necessary rights, powers, titles and authorities in order to perform any and all obligations required hereunder.
This Site allows User to post comments concerning any specific Paid Product, but all such comments shall be monitored by MoDeCH, and MoDeCH shall have exclusive rights to determine to display or refuse to display or delete such comments at the sole discretion of MoDeCH.
12. Export Control
13. Suspension/Termination of User Account
MoDeCH may, at its sole discretion, suspend User’s use right of the Site, terminate the contract with User concerning the Products, or terminate the relevant Registered Account, at any time and without any reason.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO USERS.
USER EXPRESSLY UNDERSTANDS AND AGREES THAT USER’S USE OF THE SITE, THE CONTENTS, THE PRODUCTS AND/OR THE SERVICES IS AT USER’S SOLE RISK, AND THE SITE, THE CONTENTS, THE PRODUCTS AND THE SERVICE IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. MODECH AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, MODECH AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SITE, CONTENTS, PRODUCTS OR THE SERVICES WILL MEET USER’S REQUIREMENTS; (II) USER’S USE OF THE SITE, CONTENTS, PRODUCTS OR THE SERVICES SHALL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY USER AS A RESULT OF USING THE SITE, CONTENTS, PRODUCTS AND/OR THE SERVICES SHALL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE CONTENTS, THE PRODUCTS OR THE SERVICES PROVIDED TO USER THROUGH THE SITE SHALL BE CORRECTED.
15. Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO USER.
EXCEPT FOR MODECH’S FRAUD, OR PERSONAL INJURY OR DEATH RESULTING FROM MODECH’S PROVEN NEGLIGENCE, USER EXPRESSLY UNDERSTANDS AND AGREES THAT MODECH AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES OR DAMAGES (EVEN IF MODECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SITE, CONTENTS, PRODUCTS OR SERVICES; (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE USER’S TRANSMISSIONS OR DATA ON OR THROUGH THE SITE OR SERVICES; AND (III) ANY OTHER MATTER RELATING TO THE SITE, CONTENTS, PRODUCTS OR SERVICES.
NOTWISHTANDING THE PROVISIONS SET FORTH IN THE PREVIOUS ARTICLE 9 OR 15, IN CASE MODECH SHALL BE OBLIGED TO MAKE ANY INDEMNIFICATION TO USER PURSUANT TO THE PROCISIONS OF ANY APPLICABLE LAWS, MODECH SHALL BE LIABLE TO USER ONLY FOR THE DAMAGES ACTUALLY AND DIRECTLY INCURRED BY USER DUE TO MODECH’S NEGLIGENCE FOR WHATEVER CAUSE, AND IN NO EVENT SHALL MODECH BE LIABLE FOR ANY LOSS OF PROFIT OR ANY INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES, EVEN IF MODECH HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
WITH RESPECT TO THE GRANT OF THE RIGHTS TO USE THE SITE, THE PRODUCTS THE CONTENTS AND/OR THE SERVICES, IN NO EVENT SHALL MODECH BE LIABLE TO USER FOR CUMULATIVE DAMAGES GREATER THAN THE AMOUNT OF THE TOTAL PURCHASE FEES FOR THE PAID PRODUCTS ACTUALLY PAID BY USER TO MODECH DURING ONE (1) YEAR IMMEDIATELY BEFORE SAID CLAIM FOR WHATEVER CAUSE, EXCEPT THE CASE SUCH DAMAGES OR LOSSES ARISE OUT OF OR DUE TO MODECH’S INTENTIONAL ACT OR GROSS NEGLIGENCE.
NOTWITHSTANDING THE FOREGOING, IF USER USES DID NOT USE ANY PAID PRODUCTS DURING AFOREMENTIONED ONE YEAR PERIOD, MODECH SHALL IN NO MANNER BE OBLIGED TO PAY COMPENSATION FOR ANY LOSS OR DAMAGES IN ANY CASE AND FOR ANY REASON WHATSOEVER, INCLUDING THE CESE OF MODECH’S GROSS NEGLIGENCE ACTS OR OMISSIONS.
17. Entire Agreement
18. No Waiver/ Severability
19. No Assignment
Any rights and/or obligations hereunder, in whole or in part, shall not be assigned, transferred, pledged, or otherwise hypothecated by User to any third party without a prior written approval of MoDeCH.
20. Limitation of Action
21. Governing Law and Jurisdiction
Contact: Masanori Shimasue, CEO, MoDeCH, Inc.
Address: 5-15, Yokoyama-Cho, Hachioji-Shi, Tokyo, 192-0081 Japan
Established: October 1, 2019
Last Revised: October 1, 2019