Article 1 (Copyright and the data, etc.)
1. Copyright for the PrimeShip-GREEN/SRM (hereinafter “this Service”) and any other rights related to this Service shall belong to ClassNK (“the Society”) and the software house of this Service. Users of this Service (hereinafter “Users”) shall only have the non-exclusive right to use this Service in accordance with the terms and condition (hereinafter “Terms and Conditions”).
2. The Society may use a part of the service provided by Ship Data Center Co., Ltd. (the “ShipDC Service”) to collect and store the data which is inputted by the Users pursuant to their use of this Service. The data that the Users input is stored in the data center managed by the Society relating to this Service. The Society does not assume the duty of care of a good manager with respect to the storage of such data, and will not warrant the completeness of such stored data and the availability for use of such stored data by the Users.
3. The Society and the Users shall use the data inputted by the Users pursuant to this Service only for the purpose of the development, maintenance, examination, etc. of Inventory of Hazardous Materials and related document. However, the Society may use the data for statistics and analysis after fully anonymizing any information which may be utilized to identify an organization relevant to the Users or personal information of the Users.
Article 2 (UserID and Password)
1. The Users must be careful not to leak their User ID and password to any individual other than the Users. Neither the Society nor any of its officers or employees shall be liable for any losses, damages or expenses of whatever nature incurred by the Users arising out of or in connection with any unauthorized access of this Service.
2. If a login has made by using a login ID and the corresponding password, the Society shall deem that the User registered with that login ID has logged in to this Service.
Article 3 (Use of this Service, etc.)
1. The Society provides this service in the way the Society deems it appropriate. 2. The Society shall not warrant that the programs for this Service are free from bugs or that the related data is free from errors.
3. The Society may suspend or terminate this Service without notice. Neither the Society nor any of its officers or employees shall be liable for any losses, damages or expenses of whatever nature arising out of or in connection with such suspension or termination of this Service.
Article 4 (Prohibition)
1. In using this Service, the Users are prohibited from engaging in any of the activities listed in the items set forth below:
(1) Granting a license of, selling, leasing, renting, transferring, or establishing security on, this Service to or for a third party;
(2) Carrying out reverse engineering, such as disassembling, the programs for this Service by any means, or analyzing the source code or algorithm thereof (unless deemed legal); or
(3) Modifying, duplicating, adapting, processing, or otherwise amending this Service and creating derivative products using any part or all of this Service.
2. If the Society or any of its officers or employees suffer any losses, damages or expenses arising out of or in connection with unauthorized use, etc. of this Service, the Society or its officers or employees may claim for reimbursement of such losses, damages or expenses to the responsible Users.
Article 5 (Indemnification)
1. Neither the Society nor any of its officers and employees shall be liable for any losses, damages or expenses incurred by the Users arising out of or in connection with the use or inaccessibility of this Service.
2. Use of this Service does not assure the Society’s granting of certification activities related to Inventory of Hazardous Materials.
3. Users shall use the data obtained through this Service at their own responsibility and cost. Neither the Society nor any of its officers and employees shall be liable for any losses, damages or expenses of whatever nature incurred by the Users arising out of or in connection with fraud or error with respect to such data.
Article 6 (Upgrade)
The Society may carry out updates to this Service. The Society provides this Service with the latest version only.
Article 7 (Suspension)
1. If any one of the items set forth below arises related to a User, the Society may immediately suspend that User’s use of this Service without notice or compensation.
(1) In the event that the User breaches these Terms and Conditions;
(2) In the event that any filing related to bankruptcy, corporate rehabilitation, corporate reorganization or any other insolvency proceedings of the User is made or the assets of the User become subject to provisional attachment, provisional disposition, or compulsory execution by a third party; or
(3) In the event that the User is discovered to have a relationship with anti-social forces.
Article 8 (Confidentiality)
1. The Society does not disclose or leak to any third party any confidential information related to the Users’ technology or management practices known through this Service; provided, however, that this Article does not apply (i) if the Society obtains prior consent from the Users, (ii) if the disclosure is based on laws and regulations, (iii) if there is an urgent need, such as a casualty, or (iv) if the disclosure is required by court order, legal proceedings or is requested by a public organization, such as a national government having valid authorities.
2. Paragraph 1 of Article 8 shall survive even after a User suspends use of this Service in accordance with paragraphs 1 and 2 of Article 7.
Article 9 (Amendment)
The Society may amend these Terms and Conditions at any time it deems necessary, without prior notice to the Users. However, if the Users are expected to be significantly affected by the amendment, the Society may set a pre-notice period in the range deemed as reasonable term.
Article 10 (Governing law, etc.)
1. The provisions of these Terms and Conditions shall be governed and construed in accordance with the laws of Japan.
2. Any dispute relating to this Service shall be submitted to the exclusive jurisdiction of the Tokyo District Court of Japan in the first instance.
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