Terms and Conditions
1.
Description
of Service. Fujtisu Middleware Technical Community (the "Service") is an online application from
FUJITSU LIMITED. You understand and agree that the
Service is provided on an AS IS and AS AVAILABLE basis. FUJITSU LIMITED disclaims
all responsibility and liability for the availability, timeliness, security or
reliability of the Service. FUJITSU LIMITED also reserves the right to modify,
suspend or discontinue the Service with or without notice at any time and
without any liability to you.
2.
Personal
Use. The Service is made available to you for your personal use
only. You must
provide current, accurate identification, contact, and other information that
may be required as part of the registration process and/or continued use of the
Service. You are responsible for maintaining the confidentiality of your
Service password and account, and are responsible for all activities that occur
thereunder. FUJITSU LIMITED reserves the right to refuse service to anyone at any
time without notice for any reason.
3.
Proper
Use. You agree that you are responsible for your own
communications and for any consequences thereof. Your use of the Service is
subject to your acceptance of and compliance with the Agreement. You agree that
you will use the Service in compliance with all applicable local, state,
national, and international laws, rules and regulations, including any laws
regarding the transmission of technical data exported from your country of
residence. You shall not, shall not agree to, and shall not authorize or
encourage any third party to: (i) use the Service to upload, transmit or
otherwise distribute any content that is unlawful, defamatory, harassing,
abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable
as reasonably determined by FUJITSU LIMITED; (ii) upload, transmit or otherwise
distribute content that infringes upon another party's intellectual property
rights or other proprietary, contractual or fiduciary rights or obligations;
(iii) prevent others from using the Service; (iv) use the Service for any
fraudulent or inappropriate purpose; or (v) act in any way that violates the
Program Policies, as may be revised from time to time. Violation of any of the
foregoing may result in immediate termination of this Agreement, and may
subject you to state and federal penalties and other legal consequences.
FUJITSU LIMITED reserves the right, but shall have no obligation, to investigate your
use of the Service in order to determine whether a violation of the Agreement
has occurred or to comply with any applicable law, regulation, legal process or
governmental request.
4.
Your
Intellectual Property Rights FUJITSU LIMITED does not claim any
ownership in any of the content, including any text, data, information, images,
photographs, music, sound, video, or other material, that you upload, transmit
or store in your account with the Service. We will not use any of your content for
any purpose except to provide you with the Service.
5.
Representations
and Warranties. You represent and warrant that (a) all of the
information provided by you while participating in the Services is
correct and current; and (b) you have all necessary right, power and authority
to enter into this Agreement and to perform the acts required of you hereunder.
6.
Privacy.
As a condition to using the Service, you agree to the terms of the Service Privacy Policy as it may be updated from time to time. FUJITSU LIMITED understands
that privacy is important to you. You do, however, agree that FUJITSU LIMITED may
monitor, edit or disclose your personal information, including the content of
your emails, if required to do so in order to comply with any valid legal
process or governmental request (such as a search warrant, subpoena, statute,
or court order), or as otherwise provided in these Terms of Use and the
Service Privacy Policy. Personal information collected by the Service may
be stored and processed in the Japan or any other country in which FUJITSU LIMITED or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your
country.
7.
Termination;
Cancellation. You may cancel your use of the Services and/or
terminate this Agreement with or without cause at any time by providing notice
to FUJITSU LIMITED, however a terminated account may continue to exist for up to
ten business days before such cancellation takes effect. FUJITSU LIMITED may at any
time and for any reason terminate the Services, terminate this Agreement, or
suspend or terminate your account. In the event of termination, your account
will be disabled and you may not be granted access to your account or any files
or other content contained in your account although residual copies of
information may remain in our system. FUJITSU LIMITED will notify you via email of
any such termination or cancellation, which shall be effective immediately upon FUJITSU LIMITED's delivery of such notice.
8. Indemnification. You agree to hold
harmless and indemnify FUJITSU LIMITED, and its subsidiaries, affiliates, officers,
agents, and employees from and against any third party claim arising from or in
any way related to your use of the Service, including any liability or expense
arising from all claims, losses, damages (actual and consequential), suits,
judgments, litigation costs and attorneys' fees, of every kind and nature. In
such a case, FUJITSU LIMITED will provide you with written notice of such claim,
suit or action.
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