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The purpose of these Terms of Use is to specify the terms and conditions for User (defined in Article 1) to install or use Software (defined in Article 1) provided by Pixiv Inc. (the “Company”) and to specify the legal relationship between User and the Company. At the point in time User installs the Software User will be deemed to have consented to all the conditions of these Terms of Use, and a use agreement for the Software (the “Agreement”) will be formed between User and the Company. If User does not consent to these Terms of Use, User may not use the Software, and in such case, must immediately discontinue downloading, installing or using the Software.

Article 1. Definitions

  1. “Software” means the application and program etc. called “XWear Packager” that the Company provides and the related documentation.
  2. “User” means a person who, upon agreeing to these Terms of Use, installs and uses the Software pursuant to the Agreement.

Article 2. Scope of Use

  1. User can use the Software only for User’s own use.
  2. User’s right to use the Software is non-exclusive, and User is not entitled to allow a third party to use the Software by such means as sublicensing or assigning the use right, or causing a third party to succeed to User’s contractual status.
  3. User can use the Software only on compatible terminals and subject operating systems designated by the Company. Further, User must prepare at User’s own cost and responsibility a compatible terminal and operating system and the internet connection environment for downloading the Software; the Company will not be liable for any hindrances to the use of the Software due to any inadequacies etc. in the communication environment.

Article 3. Copyrights and Other Intellectual Property Rights

Copyrights, other intellectual property rights, and other rights related to the Software belong to the Company. The license to use the Software granted to User under the Agreement does not constitute a transfer of any rights to User.

Article 4. Disclaimers

  1. If it is discovered that the Software does not conform to these Terms of Use in any way (“Contract Nonconformity”) and the Company determines that the Contract Nonconformity requires repair, the Company will make effort to provide Software that conforms to these Terms of Use or to repair the Software Contract Nonconformity, but the Company makes no warranty regarding such provision or repair, and the Company will not be liable for any damage suffered by User (including damage to communication equipment and software) or damage suffered by a third party.
  2. If the Company determines it to be necessary regarding a Software Contract Nonconformity, to the extent possible, the Company will make effort to inform or notify User of such Contract Nonconformity, by posting on its website or using other appropriate method, but the Company makes no warranty that such informing or notification will be made.
  3. The Company makes no warranty regarding the Software’s accuracy, completeness, timeliness, feasibility, utility or suitability for a specific, or that the Software does not infringe on the rights or interests of a third party, and even if User suffers damage in connection with any of the foregoing, the Company will bear no liability absent willful misconduct or gross negligence on the part of the Company.
  4. The Company makes no warranty regarding accuracy, completeness, timeliness, feasibility, utility or suitability for a specific purpose with respect to files created by using the Software, and even if User suffers damage in connection with any of the foregoing, the Company will bear no liability.
  5. The Company will bear no liability for damage suffered by User from its use of the Software (including damage based on a demand for damage compensation by a third party against User) absent willful misconduct or gross negligence on the part of the Company.
  6. The maximum amount of compensation the Company will pay for damage pursuant to this Article 4 shall be 500 yen for direct and ordinary damage that User actually suffers.

Article 5. Compliance Matters

  1. User may not use the Software outside the scope specified in Article 2, and may not install or use only a portion of the Software.