Knowledge Base Article
DWX-4 4-Axis Dental Milling Machine
Title
DGSHAPE Corporation Software License Agreement
Summary
DGSHAPE Corporation Software License Agreement
Details
DGSHAPE Corporation Software License Agreement
"Licensor" (DGSHAPE Corporation and/or its authorized affiliates or subsidiaries) shall grant
you a non-transferable and non-exclusive license to use the software (hereinafter referred to
as the "Software" ) provided under this agreement on the condition that you agree with the
articles stipulated below.
When you install, use, or copy all or part of the Software, it shall be considered that you have
agreed with all the articles of this agreement.
Be sure not to install, use, or copy the Software if you do not agree with the terms and
conditions stipulated below.
Article 1 Definition
1. The Software shall refer to the computer programs electronically and physically
provided together with this agreement, and it shall include programs, data, documents, and
materials and the like to be provided in relation to this agreement regardless of the means and
time.
Article 2 Ownership of intellectual property right and reservation of rights
1. All the intellectual property right and other rights of the Software, its logo, product
name, documents, and other materials, and their copies shall be owned by Licensor or its
licensor except the scope which is clearly granted or transferred to you through this agreement.
2. Although you may use the Software within the scope clearly stated in this agreement, it
shall not mean that the intellectual property right of the Software is transferred to you.
Article 3 Use conditions
1. You may use the Software and its copies only for the purpose of operating Licensor's
products and using the services from its products and related materials.
2. You may create one copy of the Software for the purpose of creating a backup. The
copy for backup shall be used only for recovery of the Software, and it cannot be installed or
used. Moreover, the copy for backup shall be considered as the target of this license agreement
as part of the Software.
Article 4 Consent to Handling Your Data
1. By accepting this agreement, you shall be deemed to have given your consent that the
information concerning the operational status of Licensor’s product (including operating time,
information as to errors, maintenance, tools and materials as well as operating conditions of the
product) and, if you install a web camera, video information for a certain period of time before
and after the occurrence of product errors captured by such camera (hereinafter referred to as
“Your Data”) will be transmitted to Licensor and may be stored in the Licensor’s cloud server
for a certain period of time. Your consent shall be valid only when you are using Internet
connection, and the communication cost for such transmission shall be borne by you.
2. Licensor will use Your Data for the purpose specified in each of the following items and
you grant Licensor a non-exclusive, transferable, free-of-charge license worldwide to use, host,
transmit, process, edit, destroy, display, sublicense, duplicate and reproduce all Your Data for
the said purposes.
(1) Purposes of use specified by Licensor’s privacy policy
(2) Provision, operation, and understanding of the status of use of services
(3) Software, etc. and services improvement, maintenance, etc.
(4) Development of new services
3. In order to achieve the purpose specified in each of the items of the preceding
paragraph, Licensor may provide Your Data to the following parties.
(1) Licensor’s affiliates;
(2) Distributors that sell products of Licensor or Licensor’s affiliates;
(3) Business partners that provide maintenance services concerning products of Licensor
or Licensor’s affiliates; or
(4) Business partners who have concluded personal information protection contracts with
Licensor or Licensor’s affiliates.
4. In no event shall Licensor be liable for any and all losses and damages arising out of the
use, etc. of Your Data in accordance with the two preceding paragraphs unless Your Data
contains your personal information. If Your Data contains your personal information, Licensor
will manage such personal information in accordance with the Licensor’s Privacy Policy
(https://www.dgshape.com/privacy-policy).
Article 5 Restrictions
1. You shall not use the Software in more than one computer at the same time through
network or using other means.
2. You shall not perform reverse engineering, reverse compiling, and reverse assembling of
the Software.
3. During the period of this agreement, you shall not move, transfer, lend, and lease the
rights of all or part of the Software, and shall not grant a sublicense to any third parties.
Likewise, after this agreement is expired, you shall not move, transfer, lend, and lease the rights
of all or part of the Software, and shall not grant a sublicense to any third parties either.
Article 6 Termination of Agreement
1. If you want to terminate this agreement, you may terminate the agreement by stopping
the use of the Software and uninstalling or deleting it from your computer.
2. In the event that you violate any of the articles stipulated in this agreement or violate
the intellectual property right or other rights of Licensor, Licensor may terminate this
agreement and stop your use of the Software.
Article 7 Disclaimer
1. The Software shall be provided on an "as is" basis, and it shall not be guaranteed that
the quality and functions of the Software meet your purpose.
2. Licensor shall not take any responsibilities for the effect resulting from the use and/or
operation of the Software.
3. You shall acknowledge and agree that you will bear all direct and indirect damage
(including data loss, operation suspension, and conflict between third parties, etc.) and risk
resulting from the use of the Software or the services supplied with the Software. Licensor and
its dealers, etc. shall not and cannot guarantee and compensate the results of your use of the
Software in any cases.
4. The specifications of the Software are subject to change without prior notice.
Article 8 Export Restrictions
1. If you take the Software outside of your country through export, etc., you shall comply
with the domestic export control laws and relatives (hereinafter referred to as "Export Control
Laws and Relatives" ). If the Software is subject to export restrictions under US Export
Administration Act and US Export Administration Regulations (hereinafter referred to as "US
Laws and Relatives" ), you shall comply with these laws and regulations.
2. If the Software is specified as the export controlled items in Export Control Laws and
Relatives or US Laws and Relatives, you shall not export or re-export the Software without
obtaining a License of your government or US government required by the applicable laws and
regulations.
Article 9 License for digital contents
1. The Software might contain digital contents such as samples, photos, clip arts, and
templates. The intellectual property right of these digital contents shall be owned by Licensor
or the companies, organizations, and individuals who are their respective owners.
2. The rights owned by Licensor shall be part of the Software and objectives of this
license agreement, and thus you shall not redistribute and sell the digital contents.
3. Regarding the digital contents that Licensor does not have the rights, you shall comply
with the use conditions which are separately provided by the companies, organizations, and
individuals who have their rights. Licensor shall not and cannot guarantee the relationship of
rights between you and the owners of the rights of the digital contents.
Article 10 Governing Law & Arbitration
1. This Agreement and each individual contract shall be governed by and construed in
accordance with the laws of Japan.
2. All disputes arising between the Parties relating to this Agreement or the interpretation
or performance thereof shall be finally settled by arbitration in English in Tokyo, Japan, by three
(3) arbitrators in accordance with the Commercial Arbitration Rules of The Japan Commercial
Arbitration Association (JCAA). Judgment upon the award rendered by arbitration shall be final
and may be entered in any court having jurisdiction thereof.
R3-210208
"Licensor" (DGSHAPE Corporation and/or its authorized affiliates or subsidiaries) shall grant
you a non-transferable and non-exclusive license to use the software (hereinafter referred to
as the "Software" ) provided under this agreement on the condition that you agree with the
articles stipulated below.
When you install, use, or copy all or part of the Software, it shall be considered that you have
agreed with all the articles of this agreement.
Be sure not to install, use, or copy the Software if you do not agree with the terms and
conditions stipulated below.
Article 1 Definition
1. The Software shall refer to the computer programs electronically and physically
provided together with this agreement, and it shall include programs, data, documents, and
materials and the like to be provided in relation to this agreement regardless of the means and
time.
Article 2 Ownership of intellectual property right and reservation of rights
1. All the intellectual property right and other rights of the Software, its logo, product
name, documents, and other materials, and their copies shall be owned by Licensor or its
licensor except the scope which is clearly granted or transferred to you through this agreement.
2. Although you may use the Software within the scope clearly stated in this agreement, it
shall not mean that the intellectual property right of the Software is transferred to you.
Article 3 Use conditions
1. You may use the Software and its copies only for the purpose of operating Licensor's
products and using the services from its products and related materials.
2. You may create one copy of the Software for the purpose of creating a backup. The
copy for backup shall be used only for recovery of the Software, and it cannot be installed or
used. Moreover, the copy for backup shall be considered as the target of this license agreement
as part of the Software.
Article 4 Consent to Handling Your Data
1. By accepting this agreement, you shall be deemed to have given your consent that the
information concerning the operational status of Licensor’s product (including operating time,
information as to errors, maintenance, tools and materials as well as operating conditions of the
product) and, if you install a web camera, video information for a certain period of time before
and after the occurrence of product errors captured by such camera (hereinafter referred to as
“Your Data”) will be transmitted to Licensor and may be stored in the Licensor’s cloud server
for a certain period of time. Your consent shall be valid only when you are using Internet
connection, and the communication cost for such transmission shall be borne by you.
2. Licensor will use Your Data for the purpose specified in each of the following items and
you grant Licensor a non-exclusive, transferable, free-of-charge license worldwide to use, host,
transmit, process, edit, destroy, display, sublicense, duplicate and reproduce all Your Data for
the said purposes.
(1) Purposes of use specified by Licensor’s privacy policy
(2) Provision, operation, and understanding of the status of use of services
(3) Software, etc. and services improvement, maintenance, etc.
(4) Development of new services
3. In order to achieve the purpose specified in each of the items of the preceding
paragraph, Licensor may provide Your Data to the following parties.
(1) Licensor’s affiliates;
(2) Distributors that sell products of Licensor or Licensor’s affiliates;
(3) Business partners that provide maintenance services concerning products of Licensor
or Licensor’s affiliates; or
(4) Business partners who have concluded personal information protection contracts with
Licensor or Licensor’s affiliates.
4. In no event shall Licensor be liable for any and all losses and damages arising out of the
use, etc. of Your Data in accordance with the two preceding paragraphs unless Your Data
contains your personal information. If Your Data contains your personal information, Licensor
will manage such personal information in accordance with the Licensor’s Privacy Policy
(https://www.dgshape.com/privacy-policy).
Article 5 Restrictions
1. You shall not use the Software in more than one computer at the same time through
network or using other means.
2. You shall not perform reverse engineering, reverse compiling, and reverse assembling of
the Software.
3. During the period of this agreement, you shall not move, transfer, lend, and lease the
rights of all or part of the Software, and shall not grant a sublicense to any third parties.
Likewise, after this agreement is expired, you shall not move, transfer, lend, and lease the rights
of all or part of the Software, and shall not grant a sublicense to any third parties either.
Article 6 Termination of Agreement
1. If you want to terminate this agreement, you may terminate the agreement by stopping
the use of the Software and uninstalling or deleting it from your computer.
2. In the event that you violate any of the articles stipulated in this agreement or violate
the intellectual property right or other rights of Licensor, Licensor may terminate this
agreement and stop your use of the Software.
Article 7 Disclaimer
1. The Software shall be provided on an "as is" basis, and it shall not be guaranteed that
the quality and functions of the Software meet your purpose.
2. Licensor shall not take any responsibilities for the effect resulting from the use and/or
operation of the Software.
3. You shall acknowledge and agree that you will bear all direct and indirect damage
(including data loss, operation suspension, and conflict between third parties, etc.) and risk
resulting from the use of the Software or the services supplied with the Software. Licensor and
its dealers, etc. shall not and cannot guarantee and compensate the results of your use of the
Software in any cases.
4. The specifications of the Software are subject to change without prior notice.
Article 8 Export Restrictions
1. If you take the Software outside of your country through export, etc., you shall comply
with the domestic export control laws and relatives (hereinafter referred to as "Export Control
Laws and Relatives" ). If the Software is subject to export restrictions under US Export
Administration Act and US Export Administration Regulations (hereinafter referred to as "US
Laws and Relatives" ), you shall comply with these laws and regulations.
2. If the Software is specified as the export controlled items in Export Control Laws and
Relatives or US Laws and Relatives, you shall not export or re-export the Software without
obtaining a License of your government or US government required by the applicable laws and
regulations.
Article 9 License for digital contents
1. The Software might contain digital contents such as samples, photos, clip arts, and
templates. The intellectual property right of these digital contents shall be owned by Licensor
or the companies, organizations, and individuals who are their respective owners.
2. The rights owned by Licensor shall be part of the Software and objectives of this
license agreement, and thus you shall not redistribute and sell the digital contents.
3. Regarding the digital contents that Licensor does not have the rights, you shall comply
with the use conditions which are separately provided by the companies, organizations, and
individuals who have their rights. Licensor shall not and cannot guarantee the relationship of
rights between you and the owners of the rights of the digital contents.
Article 10 Governing Law & Arbitration
1. This Agreement and each individual contract shall be governed by and construed in
accordance with the laws of Japan.
2. All disputes arising between the Parties relating to this Agreement or the interpretation
or performance thereof shall be finally settled by arbitration in English in Tokyo, Japan, by three
(3) arbitrators in accordance with the Commercial Arbitration Rules of The Japan Commercial
Arbitration Association (JCAA). Judgment upon the award rendered by arbitration shall be final
and may be entered in any court having jurisdiction thereof.
R3-210208
Modified
October 29, 2021