1. Basic Policy
MoDeCH hereby represents that MoDeCH respects the privacy of all the users (hereinafter called “Users") of the Services, and pays close attention to managing “Personal Information” (as defined below) of Users.
For protecting Users’ Personal Information, MoDeCH hereby sets the Policy as follows, and shall make efforts to take necessary and adequate measures to protect Personal Information, and to establish solid corporate structure through continuous refinements.
MoDeCH shall ensure to comply with any and all applicable laws and regulations concerning the protection of personal information, such as EU’s General Data Protection Regulation (GDPR).
2. Collected Information and Usage
MoDeCH may collect the following information in some cases. MoDeCH shall not collect, obtain, use or share with others User’s any Personal Information by or through any wrongful or illegal means or against User’s will. Certain categories of Personal Information, such as information about User’s race, ethnicity, religion or health, are considered special categories of information, or “sensitive personal data” under the GDPR. MoDeCH shall not obtain any sensitive personal data without obtaining User’s explicit prior consent.
2.1 Personal Information furnished by Users
In this Policy, the term “Personal Information” of User means names, email addresses and telephone numbers of User, organization information to which User belongs, payment information and any other User personally identifiable information.
MoDeCH requests User to register User’s name, email address and other Personal Information at the time of User account registration procedures of the Services.
MoDeCH may use the information included in User account by matching with any other information obtained through MoDeCH’s other services or from third party or person in order to improve the level of convenience for User and the quality of the Services.
If User accesses to the Services of MoDeCH, Cookies may be transmitted to User’s PC or mobile phone from the Services. These Cookies, with third-party’s certain technologies, enable MoDeCH to automatically obtain a certain Personal Information of Users.
If User uses a mobile device, MoDeCH may collect such data and information which may identify User’s mobile device, device-specific settings and characteristics, and/or other system activities.
2.3 Log Information
In case User uses the Services of MoDeCH through browsing software, application software, or other client computer of User, certain specific information is automatically recorded in log files on MoDeCH’s servers. Such specific information automatically recorded in the log files shall include User’s request information, User’s operational history of the Services, IP addresses, types, and languages of browsing software, transmission time, and date of requests, etc. of or from User.
2.4 Communication from Users to MoDeCH
In case MoDeCH receives a message, request, etc. from User by e-mail or any other method, MoDeCH may restore and record the name and e-mail address of such transmitting User, and the contents of such messages, request, and communication itself for the purpose of improvement of the Services of MoDeCH, in some cases.
And MoDeCH may use User’s such email address, etc. for the communication and notification with, or to, User relating to the Services.
2.5 Third Party Applications
In some cases, MoDeCH may use and/or provide certain third-party applications in, on, or through the Services.
Any information of User collected by MoDeCH during User’s use of such third-party applications shall be handled and disposed in accordance with this Policy.
2.6 Other Web Site
This Policy shall only apply to the Services of MoDeCH.
MoDeCH has no control right to, nor has competence over, any website provided by a third party or linked from the Services.
Such third parties’ websites may transmit Cookies and/or other similar files to Users’ computers and collecting data and Personal Information of Users from Users’ computers using such Cookies or files. User should be recommended to refer Article 12 (Disclaimer).
3. Purpose of Collecting Personal Information
User’s any information collected by MoDeCH may be used by MoDeCH for the following purposes including the aforementioned usages:
- For user authorization;
- For handling payment transactions by a credit card company;
- For identifying well-browsed contents by Users;
- For analyzing website traffics and their tendency;
- For identifying online activities and interests of Users using the Services;
- For providing, managing and/or improving the Services, and developing new services;
- For protecting the Services and/or the rights and/or properties of Users; and
- In addition to the above, for providing User with a full range of customer services, online account facilities, online supports, and online users groups, etc., and for doing marketing activities and communication, conducting market researches, improving MoDeCH’s service, and resolving and/or handling any legal issues.
If MoDeCH intends to use the information of a User for other than the original or initial purposes, MoDeCH shall obtain such Users’ prior consent.
MoDeCH may dispose User’s 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.
4. Configuration of Cookies by User
A lot of browsing software may originally be setup to accept Cookies. Users may change such configuration to reject to accept Cookies, or display a notice in case of transmission of Cookies; provided, however, if User invalidates Cookies, the whole or any part of the functions of the Services may not operate properly in some cases.
5. Information Sharing
MoDeCH may share Users’ Personal Information with other entities or persons in the following limited cases and/or purposes;
- In case of MoDeCH’s obtaining User’s consent: MoDeCH shall not share User’s sensitive Personal Information with any other entity or person without first obtaining User’s consent.
- In case of providing Personal Information to subsidiaries or affiliates of MoDeCH, or any other credible entities or person for the purpose of entrusting the disposal of such Personal Information to such entities or persons, including the following purposes;
- Payment Services; and
- Fraud detection and prevention services, including anti-fraud screening services.
In these cases, MoDeCH shall request such companies or persons to comply with this Policy strictly based on the instructions and directions of MoDeCH, and also shall request them to agree to handle and dispose the Personal Information by taking thorough and appropriate non-disclosure control measures and security measures.
- In case of providing Personal Information in personally unidentifiable manners;
- In case of any accesses, uses, protections, or disclosures to, or of, the Personal Information which may be judged by MoDeCH to be justifiable and appropriate in the following cases;
- To meet or comply with any applicable laws and/or regulations, or any legal or judicial procedures, or to respond to requests from governmental authorities;
- To detect and/or prevent any injustice act, security problem, or technical problem, or to take necessary measures for such matters and problems;
- To protect and defend any the right, property and/or safety of MoDeCH or Users, or any public property or safety, by taking measures required by laws or other methods permitted by laws, in case of any danger of such rights, property and/or safety; or
- In case disclosure or provision of Personal Information may be otherwise necessary or required for or relating to the operation or provision of the Services or any related website.
6. Information Security
In order to prevent any injustice access to data, or any injustice modification, disclosure, or destruction of data, MoDeCH is taking appropriate security measures to prevent any outsider’s access to the system in which Users’ Personal Information may be stored, which include, without limitation, to conduct in-house reviews with respect to the method of collection, store and/or disposition of data and security measures, to encrypt individual data appropriately, and to take physical security measures, .
MoDeCH limits the persons who may access to Users’ Personal Information to MoDeCH’s such employees, contractors and agents as having a need to know such Personal Information for conducting or providing works or services on behalf of MoDeCH.
Each of such entities or persons shall have confidentiality obligations to MoDeCH, and in case of any failure to perform any such confidentiality obligations, such entity or person shall receive disciplinary punishment, including firing or termination of its employment or contract with MoDeCH, and, in some cases, may face possible indictment on criminal charges.
7. Accuracy and Renewal of Personal Information
MoDeCH commercially reasonable efforts to ensure that the Personal Information of User should be accurate and updated to the extent necessary for the purpose of using such information.
Upon User’s use of the Services, MoDeCH shall disclose the relevant Personal Information to User him or herself and, if such Personal Information has any mistake, MoDeCH ensures to correct such mistake upon User’s request.
And if requested by User to delete his or her relevant Personal Information, MoDeCH ensures to delete such Personal Information, unless such Personal Information shall be otherwise required to be stored and recorded pursuant to any relevant laws or regulations or for any reasonable and justifiable business reason.
8. Exception Concerning EU Data and Swiss Subject Rights
If User is a resident in the EU or Switzerland, User may have certain rights in relation to the Personal Information MoDeCH holds about User in addition to any rights as otherwise set forth herein, which MoDeCH details below. Some of these only apply in certain circumstances as set out in more detail below. MoDeCH also sets out how to exercise those rights.
Please note that MoDeCH will require User to provide MoDeCH with proof of identity before responding to any requests to exercise User’s rights. MoDeCH must respond to a request by User to exercise those rights without undue delay and at least within one month (although this may be extended by a further two months in certain circumstances).
In the event that User wishes to make a complaint about how MoDeCH processes User’s Personal Information, please contact MoDeCH and MoDeCH will endeavour to deal with User’s request as soon as possible. This is without prejudice to User’s right to launch a claim with User’s data protection authority.
User has the right to know whether MoDeCH process Personal Information about User, and if MoDeCH do, to access Personal Information MoDeCH hold about User and certain information about how MoDeCH uses it and with whom MoDeCH shares it.
If User require more than one copy of the Personal Information MoDeCH holds about User, MoDeCH may charge an administration fee.
MoDeCH may not provide User with certain Personal Information if providing it would interfere with another’s rights (e.g. where providing the Personal Information MoDeCH holds about User would reveal information about another person) or where another exemption applies.
User has the right to receive a subset of the Personal Information MoDeCH collects from User in a structured, commonly used and machine-readable format and a right to request that MoDeCH transfers such Personal Information to another party.
The relevant subset of Personal Information is data that User provides MoDeCH with User’s consent, or for the purposes of performing MoDeCH’s contract with User.
If User wishes for MoDeCH to transfer the Personal Information to another party, please ensure that User details that party and notes that MoDeCH can only do so where it is technically feasible. MoDeCH is not responsible for the security of the Personal Information or its processing once received by the third party. MoDeCH also may not provide User with certain Personal Information if providing it would interfere with another’s rights (e.g. where providing the Personal Information MoDeCH holds about User would reveal information about another person).
User has the right to correct any Personal Information held about User that is inaccurate. Please note that whilst MoDeCH assesses whether the Personal Information, MoDeCH holds about User is inaccurate or incomplete, User may exercise User’s right to restrict MoDeCH’s processing of the applicable data as described below.
User may request that MoDeCH erases the Personal Information MoDeCH holds about User in the following circumstances:
8.4.1 User believes that it is no longer necessary for MoDeCH to hold the Personal Information MoDeCH holds about User;
8.4.2 MoDeCH is processing the Personal Information MoDeCH holds about User on the basis of User’s consent, and User wishes to withdraw User’s consent and there is no other ground under which MoDeCH can process the Personal Information;
8.4.3 MoDeCH is processing the Personal Information MoDeCH holds about User on the basis of MoDeCH’s legitimate interest and User objects to such processing. Please provide MoDeCH with detail as to User’s reasoning so that MoDeCH can assess whether there is an overriding interest for MoDeCH to retain such Personal Information;
8.4.4 User no longer wishes MoDeCH to use the Personal Information MoDeCH holds about User in order to send User promotions, special offers, marketing and lucky draws; or
8.4.5 User believes the Personal Information MoDeCH holds about User is being unlawfully processed by MoDeCH.
Also note that User may exercise User’s right to restrict MoDeCH’s processing of the Personal Information whilst MoDeCH considers User’s request.
Please provide as much detail as possible on User’s reasons for the request to assist MoDeCH in determining whether User has a valid basis for erasure. However, MoDeCH may retain the Personal Information if there are valid grounds under law for MoDeCH to do so (e.g., for the defence of legal claims or freedom of expression) but MoDeCH will let User know if that is the case. Please note that after deleting the Personal Information, MoDeCH may not be able to provide the same level of servicing to User as MoDeCH will not be aware of User’s preferences.
Where User has requested that MoDeCH shall erase Personal Information that MoDeCH has made public and there are grounds for erasure, MoDeCH will use reasonable steps try to tell others that are displaying the Personal Information or providing links to the Personal Information to erase the Personal Information too.
8.5 Restriction of Processing to Storage Only.
8.5.1 User has a right to require MoDeCH to stop processing the Personal Information MoDeCH holds about User other than for storage purposes in certain circumstances. Please note, however, that if MoDeCH stops processing the Personal Information, MoDeCH may use it again if there are valid grounds under data protection law for MoDeCH to do so (e.g. for the defence of legal claims or for another’s protection).
8.5.2 User may request MoDeCH to stop processing and just stores the Personal Information MoDeCH holds about User where:
8.5.2-1 User believes the Personal Information is not accurate, for the period it takes for MoDeCH to verify whether the Personal Information is accurate;
8.5.2-2 MoDeCH wishes to erase the Personal Information for compliance with applicable laws but User wants MoDeCH to just store it instead;
8.5.2-3 MoDeCH wishes to erase the Personal Information as it is no longer necessary for MoDeCH’s purposes but User requires it to be stored for the establishment, exercise or defence of legal claims; or
8.5.2-4 User has objected to MoDeCH’s processing Personal Information MoDeCH holds about User on the basis of MoDeCH’s legitimate interest and User wishes MoDeCH to stop processing the Personal Information whilst MoDeCH determines whether there is an overriding interest in MoDeCH retaining such Personal Information.
User at any time has the right to object to MoDeCH’s processing of Personal Information about User in order to send User promotions, special offers, marketing messages, including where MoDeCH builds profiles for such purposes and MoDeCH will stop processing the Personal Information for that purpose.
User also has the right to object to MoDeCH’s processing of Personal Information about User and MoDeCH will consider User’s request in other circumstances as detailed below.
User may object where MoDeCH is processing the Personal Information MoDeCH holds about User (including where the processing is profiling) on the basis of MoDeCH’s legitimate interest and User objects to such processing.
Please provide MoDeCH with detail as to User’s reasoning so that MoDeCH can assess whether there is a compelling overriding interest in MoDeCH continuing to process such data or MoDeCH need to process it in relation to legal claims. Also note that User may exercise User’s right to request that MoDeCH stops processing the Personal Information whilst MoDeCH makes the assessment on an overriding interest.
9. User’s Request for Disclosure
If requested by User to make referral, disclose, correct, and/or delete the relevant Personal Information, MoDeCH requests User to confirm the identity of User and to identify the relevant Personal Information.
MoDeCH shall accept, and respond within a reasonable period of time, to any request of disclosure, correction and/or deletion of the Personal Information free of charge, unless such disclosure or correction of the Personal Information requires considerable works to be done by MoDeCH.
To contact MoDeCH: email to info@MODECH.co.jp
Address: 5-15, Yokoyama-Cho, Hachioji-Shi, Tokyo, 192-0081 Japan
Attn. MoDeCH Inc., Administration Department
MoDeCH may reject User’s request to disclose, correct and/or delete any Personal Information of User in any of the following cases;
- in case of the same requests submitted or asked repeatedly over and over again or periodically from the same User without any due reason;
- in case considerable technical works may be needed;
- in case the other person’s privacy is or may be endangered;
- in case the request may be an awfully unrealistic one: or,
- in case MoDeCH reasonably consider no disclosure, correction or deletion of the relevant Personal Information would be necessary.
Depending on the support works of the Services, a certain copy of the deleted Personal Information may remain on the server or in the back-up system of MoDeCH for a short time until such information has completely been deleted from such server or system.
For more information, please contact MoDeCH’s support team.
10. Compliance with the Policy
MoDeCH periodically monitors User’s compliance with this Policy. Any unsettled problem between MoDeCH and Users with respect to the Personal Information shall be dealt with in cooperation with the local authorities concerned, such as the data protection bureaus.
11. Revision of the Policy
The provisions of this Policy may be revised from time to time. Any modification, amendment, or revision of the Policy shall be posted and displayed on this page; provided, however, any material change of the Policy shall be notified to Users by email or through other appropriate means. To the extent permitted by applicable laws, User may be deemed to consent to the updated Policy by using MoDeCH’s any service after User’s receipt of said notice from MoDeCH. MoDeCH encourages User to periodically review and confirm the latest version of the Policy. In case of any updating the Policy, MoDeCH shall make reasonable efforts to enable Users to see the immediately preceding version of this Policy
MoDeCH’s websites may, from time to time, contain links to and from the websites of MoDeCH’s any partners, advertisers and affiliates. If User follows a link to any of these websites, please note that these websites have their own privacy policies and that MoDeCH does not accept any responsibility or liability for these policies. Please check these policies before User submit any Personal Information to these websites.
MoDeCH hereby disclaims, and shall in no manner accept, any responsibility or liability concerning any Personal Information acquired or obtained by any third party through any said links, or disclosed to any third party by User with User’s prior consent, or disclosed to any third party by or through using any feature or function of the Services by User.
13. Manager in Charge of Personal Information
MoDeCH hereby designates the following person as a person in charge of managing Personal Information (Personal Information Manager). This Personal Information Manager shall be responsible for working on appropriate management of Personal Information and contentiously improving the Policy.
The following Personal Information Manager shall also be in charge of responding to User’s inquiries to MoDeCH concerning any Personal Information issue.
Personal Information Manager: Masanori Shimasue, CEO
Company: MoDeCH, Inc.
Address: 5-15, Yokoyama-Cho, Hachioji-Shi, Tokyo, 192-0081 Japan
Established: October 1, 2019
Last Revised: October 1, 2019
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 “firstname.lastname@example.org” 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 email@example.com.
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 firstname.lastname@example.org.
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