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Terms of Use for NaviCon&NaviBridge Developers Support

This terms of use (this “Terms of Use”) specify rules on the use of the “NaviCon&NaviBridge Developers Support” (https://developer.navicon.com/; the “System”), which is a system that provides the information telecommunication service (the “Services”) operated by DENSO Corporation (the “Company”).

The Services include the following services:

  1. NaviCon URL issuance services
    1. Open type
    2. Secure type

    Article 1 (Application of Terms of Use)

    All users who use the Services (the “Subscriber”) shall consent to being subject to this Terms of Use and Privacy Policy by registering as a user in the System. If the Subscriber consents to this Terms of Use, this Terms of Use is the agreement between Subscriber and the Company.

    Article 2 (Definition)

    In this Terms of Use, the following terms shall be used in the following meaning.

    1. Support Site:
      Website including support home pages that provide information on the Services operated by the Company
    2. NaviCon:
      “NaviCon” and “NaviBridge” applications provided by the Company to mobile information terminals
    3. NaviCon URL:
      URL character string to activate NaviCon on mobile information terminals and deliver to NaviCon location information entered by the Subscriber by installation into applications and websites for mobile information terminals
    4. NaviCon URL Issuance Services (Open type):
      Free-of-charge service that converts and provides the location information entered by the Subscriber to NaviCon URL in unencrypted public data format (the location information entered may be used for information services provided by the Company or third parties)
    5. NaviCon URL Issuance Services (Secure type):
      A paid service that converts to NaviCon URL in encrypted data format and provides the location information entered by the Subscriber (the location information entered will not be used for information services provided by the Company or third parties)
    6. NaviCon-collaborative Applications/Websites:
      Applications and websites for mobile information terminals which are capable of activating NaviCon using NaviCon URL and are provided by the Company or companies, individuals or entities other than the Company.

    Article 3 (Change of Terms of Use and Services and Notice thereof)

    1. The content of this Terms of Use may be changed without consent of Subscriber.
    2. The company may change this Terms of Use at the discretion of the Company in the following cases.
      1. In the case changes of this Terms of Use conforms to Subscriber’s general interest
      2. In the case changes of this Terms of Use is not contrary to the purpose of this Terms of Use and is found reasonable in light of the necessity of the amendment, the appropriateness of the changed contents and the circumstances regarding to changed contents and other changes.
    3. Company shall change this Terms of Use according to preceding paragraph by any of the following ways.
      1. To clarify the changed Terms of Use and get prior consent of User.
      2. To notify the fact that this Terms of Use will be changed, the changed Terms of Use and its effective date to the User by posting the changed Terms of Use on the Website or on the Application by 14 days before the effective date of changed Terms of Use.
    4. If the Company changes this Terms of Use in accordance with (2) of preceding paragraph and the Subscriber uses the Services after the changed Terms of Use come into effect, the Subscriber shall be deemed to have consented to the changed Terms of Use.
    5. The Company may discontinue the provision of the Services at its discretion. If the Company discontinues the provision of the Services, the Company shall post a notice of such discontinuation on the System in advance. If the above-mentioned procedures are followed, the Company shall not be liable to the Subscriber or third parties.

      6. Article 4 (Control of Information Capable of Identifying Individuals)

      1. The Company may collect information that can identify an individual Subscriber in connection with the provision of the Services.
      2. The information that is capable of identifying an individual Subscriber collected by the Company will be handled carefully in accordance with following “Privacy Policy”. The “Privacy Policy” is also available at https://developer.navicon.com/en/policy. The Subscriber shall understand and consent to the contents of the “Privacy Policy” when the Subscriber uses the Services.

        3. Article 5 (Grant of License)

        With respect to NaviCon URL, which is provided by NaviCon URL Issuance Services (Open type) or NaviCon URL Issuance Services (Secure type), the Company grants a non-exclusive license to the Subscriber to install such NaviCon URL into applications or websites for mobile information terminals and to use the applications or websites for mobile information terminals that the NaviCon URL is installed in; provided, however, that the sublicense to the Subscriber’s customers shall be on the condition that the Subscriber’s customers comply with the terms and conditions that are equivalent to those of this Terms of Use, on the condition that the Subscriber complies with the content of this Terms of Use. In addition, the Company grants a non-exclusive license to the Subscriber to sublicense to the Subscriber’s customers for the use of the applications or websites for mobile information terminals that the NaviCon URL is installed in. Furthermore, the Subscriber may not grant the right to sub-sublicense when sublicensing to the Subscriber’s customers.

        Article 6 (Acquisition and Control of Subscriber Account)

        1. The Subscriber shall acquire a subscriber account of the System when developing the NaviCon-collaborative Applications/Website.
        2. When the Subscriber develops NaviCon-collaborative Applications/Website, the Subscriber is required to register the information of such NaviCon-collaborative Applications/Websites into the System. The Subscriber shall be solely responsible for the information registered by the Subscriber. If the Subscriber develops multiple NaviCon-collaborative Applications/Website, the Subscriber shall be required to register the respective information of each application/website.
        3. The Company shall not be liable for any loss or damage suffered by the Subscriber as the result of use by third parties of the information registered by such Subscriber.

          4. Article 7 (Preparation of Environment to Use the System)

          Prior to use of the System, the Subscriber shall prepare hardware, basic software and Internet connection environment and the like that will be necessary for use of the System, at their own responsibility, and maintain them in a condition in which they are capable of using the Services. If a renewal of the basic software occurs as a result of any phenomenon, the Subscriber shall renew the use environment to the best condition to maintain the performance of the Services for providing the NaviCon-collaborative Applications/Website.

          Article 8 (Warranty of the Services, Use of Location Information by the Company)

          1. Although the Company makes its best effort to check the functioning of the Services, the Company does not warrant the operation thereof. If the Services are not usable by reason of any latent defect in the Services or in any media such as applications or websites using the Services, the Company shall endeavor to improve, but shall not commit to, the execution and time of improvement.
          2. With respect to the information on points registered by the Subscriber using NaviCon URL Issuance Services (Open type), the Subscriber shall grant to the Company a perpetual license (including the right of sublicense) for the worldwide, royalty-free and non-exclusive right to use (including reproduction, showing, public transmission, demonstration, distribution, assignment, lending, translation, adaption and publication) such information. This license shall remain in full force and effect even if the Subscriber discontinues the use of the Services.

            3. Article 9 (Payment of Costs and Charges)

            1. The Subscriber shall pay the amount of use charges that the Company specifies separately as the use charges for paid services (NaviCon URL Issuance Services (Secure type)) out of the Services and this shall be shown on the System by means designated by the Company.
            2. When making changes to the use charges, the Company shall notify the Subscriber by setting a period of one or more weeks from the date of change. The use of the paid services may be terminated for a Subscriber who has objections on the date of change of the use changes.
            3. The Company shall not refund the charges for the Services that have already been paid by the Subscribers regardless of the reason.

              4. Article 10 (Intellectual Property Rights)

              1. Intellectual property rights relating to the System and the Services shall belong to the Company or to those licensing such intellectual property rights to the Company. The Subscriber shall be responsible for the unauthorized copying or disclosure of NaviCon URL issued in the Services.
              2. If the Subscriber makes any inventions or works in regard to the Services, the Subscriber shall notify the Company and separately negotiate as to whether the application is possible and as to its handling.

                3. Article 11 (Public Relations Activities)

                1. The Company may carry out public relations activities such as for NaviCon-collaborative Applications/Websites through supporting sites, etc. by using the information (explanatory texts, images, etc.) concerning NaviCon-collaborative Applications/Websites registered by the Subscriber in the Services.
                2. The Company may provide the information (explanatory texts, images, etc.) concerning NaviCon-collaborative Applications/Websites registered by the Subscriber in the Services to its business partners for the purpose of carrying out public relations activities for the Services.

                  3. Article 12 (Prohibited Acts)

                  The Company prohibits the following acts or acts that are likely to correspond to the following acts in regard to the System or the Services by the Subscriber. If the Subscriber violates this Article or other provisions in this Terms of Use, the Company may prohibit the Subscriber from using the System and the Services. Further, if the Company or its business partners suffer any loss or damages as a result of the Subscriber violating this Article or other provisions in this Terms of Use, such Subscriber shall compensate the damage suffered by the Company or its business partners:

                  1. Acts that lead to acts of crime;
                  2. Acts that infringe the rights of others;
                  3. Acts that damage the reputation of others;
                  4. Acts that infringe the privacy of others;
                  5. Obscene acts;
                  6. Offensive acts;
                  7. Acts that violate good public morals;
                  8. Acts of discriminative expression;
                  9. Acts of defamation and slander;
                  10. Acts of harming minors;
                  11. Acts that cause mental or economic damage to others;
                  12. Acts of posting false content (texts, images, information, etc.);
                  13. Fraudulent acts;
                  14. Acts of excessive advertisement or solicitation;
                  15. Acts of establishing, soliciting or operating endless money chains (Ponzi schemes);
                  16. Acts that violate the Public Offices Election Act;
                  17. Acts that infringe intellectual property rights (copyrights, trademark rights, patent rights, etc.);
                  18. Acts that use the System to spoof other persons or alter information;
                  19. Acts that bring about an impediment to the Company’s business or the use of the System or the Services by other Subscribers such as by using harmful programs such as computer viruses and by unauthorized access;
                  20. Acts that interfere with the operation of the System to damage the trust of the Company or its business partners;
                  21. Acts that collect or accumulate personal information of other Subscribers or acts that attempt to do so;
                  22. Acts of entering the personal information of a third party without the consent of such party;
                  23. Acts that assign, lend, sell/purchase, change the name of, establish a right of pledge on, sublicense (unless expressly permitted by this Terms of Use), offer as collateral the rights and obligations based on this Terms of Use, in whole or in part;
                  24. Acts that cause others to erroneously believe that the Company provides or warrants in some way the various services provided by NaviCon- collaborative Applications/Websites or the Subscriber;
                  25. Acts of translating or adapting, or reverse compiling, reverse assembly or reverse engineering the System or the Services;
                  26. Acts that violate laws, regulations or ordinances;
                  27. Other acts that the Company determines to be inappropriate.

                  Article 13 (Matters for Compliance)

                  The Subscriber shall comply with the rules set forth below:

                  1. When the Subscriber creates NaviCon- collaborative Applications/Websites and others, they shall consider the situation in which such applications may be used and shall comply with laws, regulations, rules which may be applicable to such situation.
                  2. If the software containing the Servicesare subject to export control based on the Foreign Exchange and Foreign Trade Act, the Export Trade Control Order, the Foreign Exchange Order and ministerial ordinances, U.S. Export Administration Regulations and equivalent laws and regulations of other countries, the Subscriber shall comply with such laws and regulations.
                  3. The use of NaviCon URL Issuance Services (Open type) is currently provided free of charge. However, if the number of issued URL by using NaviCon URL Issuance Services (Open type) exceeds 10,000 cases per 1 month, the Subscriber shall notify the Company.
                  4. When publishing NaviCon- collaborative Applications/Websites and others, the Subscriber shall state in the place of publication (the website operated by the Subscriber or websites for publishing applications operated by third parties, etc.; the same applies hereafter) that such applications have the collaboration function for using the Services for so long as the Subscriber uses the Services. The contents of the statement shall conform to the contents that are separately specified by the Company in the System.
                  5. When publishing NaviCon-collaborative Applications/Websites and others, the Subscriber shall state that NaviCon are the trademarks of the Company in the place of publicationfor as long as the Subscriber uses the Services.
                  6. If the use of the Services is discontinued, the Subscriber shall promptly and completely delete all downloaded information relating to the Services.
                  7. The Subscriber shall not register in the System the NaviCon-collaborative Applications/Websites and others that are likely to fall under prohibited acts.
                  8. The Subscriber shall perform the minimum execution on the NaviCon-collaborative Applications/Websites so as not to impair the service capability.

                  Article 14 (Indemnification)

                  The Company and its business partners do not make any warranty as to the completeness, accuracy, certainty or usefulness of the System and the Services, and the applications shall be provided as-is. Neither the Company nor its business partners shall be liable for any of the following matters except the case where there is intent or gross negligence by the Company. If the Company or its business partners incur any cost or pay compensation in connection with the settlement of complaints or claims relating to the following matters, the Subscriber shall pay the cost and compensation (including attorney’s fees incurred by the Company):

                  1. Loss or damage suffered by the Subscriber in regard to the use of the System or the inability to use the System;
                  2. Loss or damage suffered by the Subscriber, other Subscribers or end users (third parties) as the result of changes to this Terms of Use, the suspension of the Services or the discontinuation of the Services;
                  3. Loss or damage caused by the Subscriber or end users using the Services to other Subscribers or third parties as the result of use of the System;
                  4. Loss or damage arising from suspension, delay or discontinuation of the System, loss of data, unauthorized access to data or unauthorized alteration of a communication line, computer, etc.;
                  5. Loss or damage arising as a result of data including text or images posted by the Subscriber on the System and other loss of data stored by the System or suspension of functions of servers;
                  6. Loss or damage arising as a result of the activation of collaborative applications by the Services and provided by companies, individuals or entities other than the Company and the operation of such activation;
                  7. Loss or damage arising as a result of the name and icon information of collaborative applications registered by companies, individuals or entities other than the Company and shown on the System; and
                  8. Any other loss or damage arising from or in connection with other matters relating to the System.

                  Article 15 (Handling of Links)

                  The Company shall not be liable for any occurrence caused by other websites, NaviCon-collaborative Applications/Website that are linked with the System or the Services. Other websites mentioned here include, in addition to websites linked with the System or the Services, websites which are linked from the content of the System or the Services. Accordingly, the Company shall not be liable for any loss or damage arising from information posted on other websites.

                  Article 16 (Governing Law, Jurisdiction)

                  This Terms of Use shall be governed by the laws of Japan, and in case of any dispute arising from the System or the Services or in relation to this Terms of Use between the parties, the Nagoya District Court or the Tokyo District Court shall be the court of first instance having exclusive jurisdiction.

                  Article 17 (Notification of Violation of Terms of Use)

                  If the Subscriber discovers an act such as of other Subscribers violating this Terms of Use, such Subscriber shall notify the “Inquiry Section” of the System.

                  Article 18 (Other Matters)

                  1. Articles 6(3), 8, 9(3), 10, 14 to 16 and this Article shall remain in full force and effect even after the termination of use of the System.
                  2. Even if any provision of this Terms of Use is judged invalid or illegal, such invalidation or illegality shall not influence other provisions of this Terms of Use in any sense nor impair their effectiveness.

                    3. (Supplementary Notes)

                    Company names and product names posted on the System may be trademarks or registered trademarks of the respective companies.

                  3. “Microsoft” and “Internet Explorer” are registered trademarks of Microsoft Corporation;
                  4. “Safari” and “iOS” are registered trademarks of Apple Inc.;
                  5. “Firefox” is a registered trademark of Mozilla Foundation;
                  6. “Google Chrome” and “Android” are registered trademarks of Google Inc.;
                  7. “NaviCon” and “NaviCon” logos are trademarks or registered trademarks of DENSO Corporation;
                  8. “NaviBridge” and “NaviBridge” logos are trademarks or registered trademarks of DENSO Corporation;
                  9. Other company names and product names posted on the Services and the System are trademarks or registered trademarks of the respective companies.
                  10. Although company names and product names stated in the Services and the System may not necessarily have the indication of a trademark (®, TM), that does not mean that those company names and product names do not belong to the rights of anyone.
                  11. Trademarks or registered trademarks of the respective companies posted on the Services and the System are used in accordance with the terms of use, guidelines or other rules concerning such trademarks.
                  12. The application programing interfaces provided by the respective companies are used in the Services in accordance with terms of use, guidelines or other rules. However, such use shall not represent that the respective companies individually approve or authorize such use by the Services.
                  13. This Terms of Use shall come into force as from May 1st, 2018.
                    14.