Terms of Use

Legal Notices and Terms of Use
Welcome to the eNsight Japan. ("eNsight") Web site (the "Web Site"). Please review the following notices, terms and conditions concerning your use of the Web Site. By accessing, using or downloading any materials from the Web Site, you agree to follow and be bound by these notices, terms and conditions (the "Terms"). If you do not agree with these Terms, please do not use this Web Site.

GENERAL USE PROVISIONS
All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (collectively "Materials"), are provided either by eNsight or by third party manufacturers, authors, developers and vendors ("Third Party Providers") and are the copyrighted work of eNsight and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of eNsight. Also, you may not "mirror" any Materials contained on this Web Site on any other server without eNsight's prior express written permission.

Except where expressly provided otherwise by eNsight, nothing on this Web Site shall be construed to confer any license offer for license or sale under any of eNsight's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by eNsight and as such, eNsight makes no warranty with respect to its contents. eNsight does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by eNsight.

eNsight hereby grants you permission to display, copy, distribute and download eNsight's Materials on this Web Site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials.

Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

SOFTWARE USE RESTRICTIONS
Any software that may be made available to download from this Web Site ("Software") is the copyrighted work of eNsight. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software ("License Agreement"). An end user agrees to the License Agreement terms by installing, copying, or using the Software. The Software is made available for downloading solely for use by end users according to the License Agreement. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, ENSIGHT HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

RESTRICTED RIGHTS LEGEND:
Any Software which is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph ©(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs ©(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is eNsight Japan.

MEMBERSHIP ACCOUNT, PASSWORD, AND SECURITY
In order to use eNsight products and services you are required to sign up and create a membership account. During the registration process you are responsible for providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a user ID and password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify eNsight immediately of any unauthorized use of your account or any other breach of security. eNsight will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.

SUBMISSIONS
Except where expressly provided otherwise by eNsight, all comments, feedback, information or materials submitted to eNsight through or in association with this Web Site ("Submissions") shall be considered non-confidential and eNsight's property. By providing such Submissions to eNsight, you agree to assign to eNsight, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. eNsight shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not eNsight, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

LINKS TO THIRD PARTY SITES
This Web site may contain links to web sites controlled by parties other than eNsight. eNsight is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. eNsight is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by eNsight of the linked web site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.

DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY ENSIGHT, THE MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS" AND ENSIGHT HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. ENSIGHT MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE.

LIMITATION OF LIABILITY
ENSIGHT SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL ENSIGHT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF ENSIGHT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST ENSIGHT FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD ENSIGHT HARMLESS FROM, AND YOU COVENANT NOT TO SUE ENSIGHT FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.

PRIVACY POLICY
See the Privacy Policy & Security disclosures relating to the collection and use of your information.

LOCAL LAWS; EXPORT CONTROL
eNsight controls and operates this Web Site from Japan and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Web Site from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Web Site are solely directed to individuals, companies or other entities located in Japan. You acknowledge and agree that Materials are subject to the Japan Laws and Regulations. Diversion of such Materials contrary to Japan law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the Japanese Government. Proscribed countries are set forth in the Japan Export Administration Regulations. Countries subject to Japan embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from eNsight, and you must comply with the list as it exists in fact. You certify that you are not on the Japan Department of Commerce's Denied Persons List. You agree to comply strictly with all Japan export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

GENERAL
This Web Site may include inaccuracies or typographical errors. eNsight and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Web Site at any time without notice. eNsight may periodically make changes to the Web Site.

Any action related to these Terms will be governed by Japan law. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Web Site and prevail over any prior or contemporaneous, conflicting or additional, communications. eNsight has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by eNsight.

INTELLECTUAL PROPERTY NOTICES
Elements of the Web Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site may be copied or retransmitted unless expressly permitted by eNsight.

eNsight, the eNsight logo, bizWizards, bizLets, bizASP, bizWizards.Mobile, and other eNsight product names referenced herein are registered trademarks or trademarks of eNsight Japan. in the Japan and eNsight Inc. in the United States and other jurisdictions. All other product names, company names, marks, logos, and symbols are trademarks of their respective owners.

© 2005-2006 eNsight Japan. All rights reserved.

LEGAL CONTACT INFORMATION
If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact the eNsight Legal Department at +81 (44) 573 7363.