Last Revision: February 20th, 2004

TERMS AND CONDITIONS OF WEBSITE USE


1. Acknowledgment and Acceptance
Browsing and use of this SAGEMONOYA website, owned and operated by Yabane Co. LTD. (“Yabane”), are governed by the terms and conditions of website use provided below (“Terms and Conditions”). Please review these Terms and Conditions carefully.

2. Intellectual Property Rights
All contents, text, images, data, information and other material (“Content”) displayed, available or present on this website, including any trademarks or copyrightable works, are the property of Yabane or the designated owner and are protected by applicable intellectual property laws. You agree not to infringe upon or dilute any intellectual property of Yabane, as well as not to remove or modify any trademark, copyright or other proprietary notice appearing on this website. You are not allowed to link to, reproduce, sell, publish, distribute, modify, or display this website or any Content without the prior written permission of Yabane.

3. Authorized and Prohibited Uses
You will comply with all applicable laws in connection with your use of this website. Yabane may in its discretion modify, edit, translate, suspend, restrict access to or terminate this website, these Terms and Conditions, the Content or any link at any time without liability or prior notice. Yabane may in its discretion terminate your browsing and use of this website at any time without liability or prior notice for any reason, including for any breach of these Terms and Conditions. You will not link any other website to this website without the prior written permission of Yabane. Moreover, no such link authorized by Yabane shall be made to any page or frame of this website except to the first or top page.

4. Information Submitted Through Website
Yabane employs reasonable efforts to ensure that information submitted to Yabane through this website is kept confidential and used for internal purposes only. Nonetheless, users of this website should be aware that it is impossible to guarantee absolute security over the Internet. Moreover, due to the existing regulatory environment, Yabane cannot guarantee that user information will never be disclosed to third parties as a result of a governmental order or otherwise.

5. Limitation of Liability and Disclaimers
ANY AND ALL CONTENT APPEARING ON THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. ANY PRODUCTS OF YABANE ARE SUBJECT TO THE TERMS AND CONDITIONS OF SALE BETWEEN YABANE AND THE PURCHASER. THIS WEBSITE, ITS CONTENT AND ITS LINKS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. YABANE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. YABANE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES AND/OR LOST PROFITS, IN CONNECTION WITH USE OF THE INTERNET, THIS WEBSITE, ITS CONTENT OR ITS LINKS. YOU SHALL BEAR THE RISK OF LOSS WITH RESPECT TO ANY YABANE PRODUCT(S) WHICH ARE SHIPPED TO YOU BY YABANE. NOTWITHSTANDING THE FOREGOING, IN THE EVENT YOU HAVE PAID FOR SUCH PRODUCT(S) PRIOR TO SHIPMENT AND SUCH SHIPMENT OF PRODUCT(S) HAS BEEN INSURED, YOU WILL BE REIMBURSED IN CASE OF LOSS OF THE PRODUCT(S) DURING SHIPMENT UP TO THE INSURED AMOUNT.

6. Indemnification
You will defend, indemnify and hold harmless Yabane and its officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with your use of this website, online conduct, breach of these Terms and Conditions or dealings or transactions with other persons resulting from use of this website.

7. Applicable Law and Dispute Resolution
This website, these Terms and Conditions and any disputes arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of Japan without regard to its conflicts of law principles. The parties agree that all disputes arising out of these Terms and Conditions (or the breach thereof) and/or the relationship of the parties which cannot be amicably resolved through mutual consultation shall be settled by submission to arbitration in accordance with the Commercial Arbitration Rules of the Japan Commercial Arbitration Association. Such proceedings shall be held at the Japan Commercial Arbitration Association in Tokyo, Japan. Such arbitration shall be conducted in the English language. Any judgment upon any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

8. Miscellaneous
You represent and warrant that you are authorized to enter into these Terms and Conditions on behalf of any entity which you represent. These Terms and Conditions constitute the entire agreement between the parties with respect to its subject matter and supersede any prior agreement or communication. These Terms and Conditions may only be modified by Yabane, at its sole discretion. If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, then the remaining provisions will remain in full force and effect. Your obligations pursuant to these Terms and Conditions shall survive termination of this website, any use by you of this website and any Content, or these Terms and Conditions.

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