Terms of Use for GRED WebCheck
Revised April 1, 2024
Please carefully read the “Terms of Use for GRED WebCheck.” This is a legal contract (hereinafter, “this Agreement”) concluded between the end-user customer (hereinafter, “Customer”) and Hitachi Systems, Ltd. (hereinafter, “Hitachi Systems”). Hitachi Systems and its affiliates shall only conclude this Agreement if the Customer agrees to all of its terms. Upon reading this Agreement, if the Customer does not agree to these terms, Hitachi Systems will not be bound to provide “GRED WebCheck” (hereinafter, this Service) under the provisions of this Agreement to the Customer. The Customer shall be deemed to have agreed to these terms upon use of this Service. This Agreement comprises the entire agreement between the parties concerned for the purposes of this Agreement, and any other written or verbal understandings regarding its purpose will be invalid upon concluding this Agreement. If the Customer does not accept this Agreement, please quickly contact Hitachi Systems. Furthermore, please do not request or accept any benefits related to this Service.
Service
Hitachi Systems strives within a commercially viable scope to provide this Service to its Customers, with service starting on the issuance date of this Agreement and ending on the termination date as separately specified (hereinafter, “Service Period”) in accordance with the following conditions.
(a)The WebCheck service shall comprise of reports sent to the delivery location and use of the GRED WebCheck Website.
(b)The file checking service shall comprise of reports sent to the delivery location and use of the GRED WebCheck Website.
Definitions
GRED WebCheck website:Refers to the password-protected website for GRED WebCheck operated by Hitachi Systems. Any reference to the GRED WebCheck website includes any Hitachi Systems sub-sites that can be accessed through it and all contents placed on the website.
Refers to Customers’ employees or third party trustees designated by Customers to use this Service in accordance with the registration details in this Agreement. This Service shall only be used for its intended purpose by the usage rights holders in the Customers’ companies in compliance with the terms specified in this document. In the event of a change in the person in charge, the Customer shall be permitted to change the usage rights holder accordingly. However, the total number of usage rights holders that can use this Service as specified in this document shall not exceed the number of licenses purchased by the Customer. When a third party trustee is designated as a usage rights holder, the Customer shall ensure that the third party usage rights holder complies with this Agreement.
Delivery location:Refers to the destination to which Hitachi Systems sends reports. The destination refers to the following.(a)The email address for this Service described in this Agreement (The email address must be the one designated by the Customer on the registration form, and it can also be changed.)
Reports:Refers to reports, warning messages, data, and information that can be provided by Hitachi Systems to Customers in association with this Service, or that can be used by Customers during this Service Period.
Offerings: Refers to all information materials provided to Customers in association with this Service. These include, but are not limited to, reports and the GRED WebCheck website. However, these do not include any third party website reached via a link within the information material or its contents.
License agreement
All rights granted to Customers under this Agreement can only be exercised for use in the Customer’s company. Hitachi Systems permits the following limited non-exclusive and non-transferrable rights for this Service to Customers.
(a)Targeted usage rights holders receive reports and are able to access the GRED WebCheck website during this Service Period.
(b)Usage rights holders as stipulated in this Agreement are permitted to forward report information and GRED WebCheck website information to other employees in the Customer’s company by email.
(c)Usage rights holders are permitted to partially use or quote individual sentences or paragraphs of the offerings provided based on this document for internal Customer communications, but extensive quotations are not permitted.
(d)Hitachi Systems permits use of this Service only when this Service is contracted via Hitachi Systems or sales agencies officially sanctioned by Hitachi Systems.
Limitation of use range
This Service can only be used by the actual organizations themselves that have been permitted by Hitachi Systems in accordance with the provisions specified by Hitachi Systems (for example, per company in case of companies, or per ministry/agency in case of the government).
Customers and usage rights holders are not permitted to do the followings except where expressly permitted under this Agreement. (a)Distribute or disclose offerings to any third party, or otherwise allow their use regardless of method, (b)Use this Service for any party other than the customer, or allow the offerings to be used to support said parties’ business, (d)Reverse engineer or reverse compile Hitachi Systems’ technologies.
Hitachi Systems retains all rights, ownership and benefits related to the offerings regardless their format, and only limited licenses that are clearly permitted under this Agreement shall be permitted for Customers. Hitachi Systems shall be permitted to investigate whether Customers are in compliance with this Agreement, shall ask Customers of any investigation in writing ten days beforehand, and the Customers shall provide information material, etc. for use of this Service (hereinafter, “Information Materials, etc.”) to meet such request by Hitachi Systems. Auditors appointed by Hitachi Systems and reasonably accepted by Customers can investigate the Customers’ Information Materials, etc. to confirm compliance with this Agreement within regular business hours upon issuing reasonable notice. Any audit expenses based on this Agreement shall be borne by Hitachi Systems. In the event that this Service is sold, licensed, lent, or leased, or any derivative is created, explicit permission must be acquired from Hitachi Systems in advance. In such instance, please contact info@securebrain.co.jp by email.
Copyrights, etc.
All intellectual property rights concerning this Service, any attachments, and their copies, and other rights are retained by Hitachi Systems or the party to whom they are granted. All rights not expressly specified in this Agreement are retained by Hitachi Systems.
Claims for intellectual property rights
In the event that use of this Service is prohibited by a claim of violation of rights, or Hitachi Systems deems there to be a high possibility that this Service will be subject to a claim for violation of rights, Hitachi Systems shall implement all or some of the following actions.
This Service will be modified so as not to infringe said rights so that customers retain the right to continue using this Service. Use of any service that infringes others’ rights will be suspended by modifying this Service so as not to infringe said rights. However, if Hitachi Systems determines that none of the above choices is commercially practical, the Customers’ licenses may be canceled and Hitachi Systems’ contract-related responsibilities may be waived concerning this Service. In this case, a refund for the period that this Service cannot be used out of the license fee paid for this Service will be made to Customers.
Prohibitions
Users are forbidden from performing the following actions.
(1)Reverse engineering (including reverse compiling and reverse assembling) this Service, or attempting to break source code or decryption
(2)Alteration, modification, translation or adaptation of any or all of this Service
(3)Use of this Service after expiry of the usage period
(4)Other matters prohibited by law
(5)Disclosing performance test or benchmark test results regarding this Service without acquiring Hitachi Systems’ written approval in advance
(6)Export, delivery, or transmission, etc. outside Japan without our permission* *In the case where customers export this product or deliverables of this product, bring the same overseas, or provide the same to non-residents, procedures required in accordance with export-related regulations must be conducted after acquiring our agreement.
(7) Taking any action that is not explicitly permitted in this license agreement
Exemption from warranties
Hitachi Systems and the third parties who provide software related to this Service do not bear any responsibility for damage arising from the use of the deliverables or software related to this Service. Hitachi Systems and the third parties who provide software related to this Service shall be permitted to provide this Service and deliverables or software related to this Service “as is” and “as available” without any warranty. Hitachi Systems and the third parties who provide software related to this Service shall not expressly bear any explicit, implicit, or legal warranty responsibility including merchantability, fitness for a specific purpose, and non-infringement of intellectual property rights without limit and within the legal scope. Hitachi Systems and the third parties who provide software related to this Service do not bear any responsibility for warranties related to safety, reliability, timeliness, and performance of this Service. Customers understand and agree that downloading and using this Service and related software provided by the third parties is at their own responsibility, and Customers themselves bear responsibility for any damage to computers systems or loss of data through the downloading or use of this Service and software provided by the third parties.
Limitations on liability
As per the description in “Exemption from warranties,” Hitachi Systems and the third parties who provide software related to this Service do not bear any responsibility for use or misuse of this Service or related software by users regardless of the circumstances. In the event of any claim or statement based on any evidence, such as warranty, agreement, illegal behavior (including fault) (even when Hitachi Systems and the related third parties received notification about possibility of damage), the above limitations on liability shall apply, and no direct, indirect, incidental, loss, or punitive liability for damages will be generated. These limitations on liability apply to damage caused by use or misuse of this Service and software related to this Service provided by third parties, dependence on the same, or combination of the same with other products, or damage caused for any reason, such as failure, stoppage, suspension of this Service and software related to this Service (including damage suffered by third parties). Regardless the above, if Hitachi Systems and the third parties who provide software related to this Service bear any responsibility under the law, the upper limit for any compensation/indemnity shall be the amount of money paid by the Customer for this Service in the most recent year.
Cooperation with supervisory authorities on investigations and inspections
In the event that an on-the-spot inspection, etc. (hereinafter, “Inspections, etc.”) is conducted by supervisory authorities or audit corporations, etc., Hitachi Systems shall reasonably cooperate as far as necessary with the provision of information materials regarding services performed for users and responding to inquiries, etc. In the event that cooperation with said Inspections, etc. may hinder Hitachi Systems’ services, or may affect service provision to other users, etc., Hitachi Systems will consider the inspection details, and cooperate within the scope of its abilities with the Inspection, etc.
Applicable laws and court of jurisdiction
Use of this Service and interpretation and application of the use conditions shall be in compliance with the laws of Japan. In addition, the exclusive court of jurisdiction in the first instance regarding any conflict concerning this Service shall be the Tokyo District Court.
Revision of usage conditions
Hitachi Systems reserves the right to amend the terms of this Agreement as necessary during the Service Period, in accordance with the provisions of civil law, without deviating from the purpose of the contract and ensuring that the content of the amendments is reasonable. Furthermore, if the amendments align with the general interests of the users, Hitachi Systems may make such amendments in accordance with civil law without following the provisions of this section. Notice of any such changes will be posted in advance on the Hitachi Systems website.
Termination of this Service
Hitachi Systems has the right to terminate this agreement at any time with or without cause if the Customer violates the terms in any way or if this Service is discontinued.
Others
Information (e.g. URLs, files, email addresses) collected by Hitachi Systems through this Service will be used for quality improvement of products and services provided by Hitachi Systems, response to enquiries, provision of follow-up communication to the service, and sending sales related information. Information collected will be handled safely under strict management by Hitachi Systems. However, Hitachi Systems may entrust information handling as part of its service only to companies considered reliable and with whom a non-disclosure contract has been concluded. Personal information will be managed in accordance with the Privacy Policy of Hitachi Systems. (https://www.hitachi-systems.com/privacy/index.html)
Terms of agreement for using the GRED WebCheck free trial version
Hitachi Systems, Ltd. provides the following services to its users free of charge to support said users. However, please note that the warrantee that can be provided by Hitachi Systems to users for this type of free trial is limited. Hitachi Systems does not provide any maintenance or support for free trials. This Agreement is concluded between the users (regardless individual or corporate) and Hitachi Systems, Ltd. Use of this Service constitutes acceptance of this Agreement by the user, and the following terms specified in the following license agreement shall apply. Please read this license agreement before using the service. Please do not use this service if you do not agree with all of the following terms.
License agreement for Hitachi Systems free trial version of GRED WebCheck
Hitachi Systems, Ltd. (hereinafter, “Hitachi Systems”) permits use of the Hitachi Systems free trial version of GRED WebCheck (hereinafter, “this Service”) for individual or corporate users conditional upon their acceptance of all terms in this license agreement. This license agreement is a legally binding contract between the users and Hitachi Systems. Use of this Service is conditional on acceptance of this license agreement.
License agreement
This Service constitutes work by Hitachi Systems’ that is protected under the Copyright Act. Although the copyright of this Service belongs to Hitachi Systems, users who accept the license agreement are permitted to use this Service only for non-profitable and non-commercial purposes in accordance with this Agreement. Hitachi Systems reserves the right to add to, change, suspend, or terminate all or any of this Service at any time without prior notice.
Copyrights, etc.
Copyrights, patents, trademarks, knowhow, and all other intellectual property rights related to text, graphics, and other information on the website hosting this Service (hereinafter, “this Website”) belong exclusively to Hitachi Systems, or the third parties who provide the content and systems, etc. contained in this Service to Hitachi Systems. Users are not permitted to download, upload, copy, alter, translate, license, or forward ? regardless the means ? any offering based on this Service without acquiring written approval from Hitachi Systems in advance except as expressly permitted on this Website.
Limitations of warranty and liability
Hitachi Systems does not provide any warrantee regarding this Service and offerings based on this Service. In addition, Hitachi Systems does not assure that the quality and function of this Service comply with the specific purpose of its users, and does not accept any liability for defect warrantee or provide warrantee concerning this Service. Selection, installation, and use of this Service to derive the results expected by users, and use of the results, are undertaken entirely at the responsibility of the user. Hitachi Systems does not bear any responsibility for damage suffered by users or other third parties arising from use of this Service. Hitachi Systems does not undertake any obligation for modification or support even if this Service is defective.
Service suspension: Hitachi Systems may suspend the provision of this Service without prior notice to users in the following cases.
（１）For emergency maintenance of the system
（２）In the event that system operation becomes difficult due to force majeure, such as fire or power outage, or interference by a third party
（３）In the event that the system cannot be operated due to natural disaster or other equivalent reason
（４）In the event that Hitachi Systems decides that the system needs to be suspended due to an emergency other than the above