HINO Service Information(other)

END USER LICENSE AGREEMENT

PLEASE READ THIS "END USER LICENSE AGREEMENT" CAREFULLY BEFORE USING THIS SITE.

Hino Motors, Ltd. ("HINO") makes the services, pages, materials, data, products and services on this Hino Site (collectively, "Hino Site") available to you (the "User"), subject to your compliance with the terms and conditions set forth in this Hino End User License Agreement (this "EULA").

By clicking the "Accept" button on this page, User agrees to be bound by the terms and conditions set forth in this EULA. If User does not agree to these terms and conditions, User may not access or use Hino Site. Your electronic consent to this EULA, whether by clicking "Accept" or similar buttons provided in conjunction with this EULA, shall be of the same effect as if you had signed this EULA manually. HINO reserves the right to amend, update or make changes to Hino Site or this EULA from time to time in HINO's sole discretion, and such changes will be effective the next time User clicks the "Accept" button on this page seeks to access Hino Site.

1. Definition.

"Hino Products" means any product designed or manufactured by or for HINO for distribution in the countries and places adopting EURO6 emission standards, including one distributed by a third party under the third party's brand name (or an OEM product). "Contents" means any information provided by the Hino Site without regard to whether it is confidential.

2. Eligibility as User

User must, by clicking the "Accept" button on this page, agree to be bound by the terms and conditions set forth in this EULA. In order to use Hino Site, User shall be subject to the terms and conditions under this EULA.

3. Obtaining a User ID

In order to use Hino Site, User shall obtain a User ID and password in accordance with procedures as separately instructed in Hino Site. Any personal information of User collected by HINO through such procedures may be used by HINO only for the purpose to make Hino Site available to eligible User. Subject to User's compliance with the terms and conditions of this EULA, HINO hereby grants User the right to use Hino Site according to the terms herein.

4. Management of User ID

A User is not permitted to sell, transfer, assign, rent, lease, or sub-license its User ID and password to any third party. User must keep his/her User ID and password confidential with the duty of care of a good manager, and shall change the password without delay when instructed to do so by HINO. In the event that User fails to change his/her password without delay upon receipt of said instruction, said password may be invalidated.

5. Notification by User

When a User ID or password is or is suspected to have been stolen or misappropriated, User must notify HINO immediately. In such a case, access by said User may be blocked. In order to resume the use of the Hino Site, User shall obtain new User ID through instructions separately provided by HINO.

6. Restrictions on Use

User should always comply with the terms and conditions set forth in this EULA, and should never engage in Unjust Use. For the purposes of this EULA, "Unjust Use" is defined to mean any interference with the operations or other Users' use of the Hino Site or any attempt to access the Hino Site in any manner other than as instructed by HINO. In the event that User fails to comply with this EULA or HINO investigates any conduct which HINO suspects to be unfair behavior, HINO may temporarily suspend provision of the Hino Site. Without limiting the generality of the foregoing, User shall comply with the following restrictions.
a. User is not permitted to use the Hino Site for any purpose other than using Hino Site in a manner reasonably intended by HINO.
b. User shall not reproduce, modify, edit, alter, adapt, create derivative works from or otherwise change the Hino Site in any way.
c. User is not permitted to sell, rent, lease, loan, sub-license, assign or transfer Content downloaded from the Hino Site, in part or in whole, to any third party.
d. User shall take necessary and appropriate security measures so that User's use of Hino Site will not disrupt, disable, harm, erase the memory of, or otherwise impede or negatively impact the operation, features or functions of Hino Site or servers of Hino Site.
e. User shall not remove, obscure, interfere with or modify the presentation or functionality of any aspect of Hino Site.

7. Refusal of Access

In the event that HINO determinates that User has violated any of the restrictions set forth in Section 6 above, HINO may immediately terminate this EULA and said User's access to the Hino Site without notice. In the event that HINO terminates User's access to the Hino Site pursuant to this Section 7, HINO shall bear no responsibility whatsoever for any direct damage, special damage, incidental damage, indirect damage, contingency damage, consequential damage, or punitive damage (including, but not limited to loss of business profit, ceasing of business, loss of business information, or other financial loss) incurred by User arising from being denied access to Hino Site, and HINO shall not refund any payment made by User.

8. Contents

Contents provided on the Hino Site can be used for the purpose of supporting repair and overhaul of Hino Products and should not be applied to any other products or to the repair or overhaul process for any other products. Content is provided only for the purpose of supporting the repair and overhaul of Hino Products, and nothing on the Hino Site guarantees that Hino Products can be repaired or overhauled completely. User may use the Content only to repair or overhaul Hino Products, and not for any other purpose. Unless otherwise explicitly prescribed herein, User should not reproduce, modify, edit, alter, adapt, create derivative works from or otherwise change, transmit, sell or rent the entirety or any part of the Content.

9. Order

Certain software or online subscription services may be available to User with the fees designated on order selection menus. Payment of the fees between User and HINO shall be settled through User’s PayPal account only and User without PayPal account shall apply for and obtain PayPal account in advance for the completion of the payment procedures. User may place an order of such software or online subscription services with HINO through Hino Site by selecting the applicable order from order selection menus. Completion of User’s payment procedures through User’s PayPal account by clicking "Pay Now” button on the order processing page shall be deemed that User has placed a firm order with HINO. HINO shall not refund any payment made by User once the payment procedures are completed. HINO shall not be liable against User even where User could not obtain PayPal account, and/or any trouble occurs to User in relation to or arising out of User’s use of PayPal account. Any trouble between User and PayPal shall be settled between User and PayPal, and HINO shall not be involved and shall not be responsible thereof.

10. Software

Use of software provided via the Hino Site, if any, should agree to and comply with the end user license agreement to be displayed when starting the software. User may not reproduce, modify, edit, alter, adapt, create derivative works from or otherwise change, transmit, sell, rent, reverse engineer or make any attempt to discover the source code of said software. Downloading software from the Hino Site to devices in order to install said software should not be deemed to constitute reproduction under this EULA.

11. Modification to or Termination of Hino Site

a. Modification to or Termination of Hino Site
HINO may, at any time, modify the Hino Site, including, without limitation, the Contents. HINO may, at any time, suspend providing a part or whole of the Hino Site for any reason including administrative or operational reason.
b. Termination by User
User may waive its right to access Hino Site and/or terminate this EULA, at any time, for reason or for no reason. In this case, User shall notify thereof to HINO.
c. Termination by HINO
HINO may immediately restrict or suspend access to Hino Site by User in case of the breach by the User of this EULA. In addition, HINO may, at any time, terminate the license to use the Hino Site with thirty (30) calendar days prior notification addressed to e-mail account User registers in the process of the application for User ID.

12. Inquires

All inquiries regarding the Hino Site from User shall be remitted through Hino Site by using inquiry form in the designated page.

13. Intellectual Property

a. The parties hereto acknowledge that, as between HINO and User, HINO retains all right, title and interest (including, without limitation, all copyrights, design rights, trademarks, trade secrets, patents, industrial rights, any license granted by a third party who owns those rights, and all other intellectual and proprietary rights related thereto, collectively, "Proprietary Rights") in and to the Hino Site and any data or information made available via Hino Site and any portion thereof, and nothing in this EULA shall (or shall be construed to) restrict, impair, transfer, license, convey or otherwise alter or deprive HINO of any of its ownership interests in Hino Site, any other data or information made available via Hino Site.
b. User hereby assigns to HINO all rights, title and interest (including, without limitation, copyrights prescribed under Articles 27 and 28 of the Japanese Copyright Act and all Proprietary Rights related thereto) in and to the materials, data, information or other creative work which the User has submitted to the Hino Site ("Submitted Materials"), if any. The foregoing assignment shall include all rights, whether existing now or in the future, whether statutory or common law, in any jurisdiction in the world, related to such materials, together with all national, foreign and state registrations and applications relating thereto, and all goodwill associated with any of the foregoing. In the event that any Submitted Material is not assignable or that User retains any right, title or interest in and to any Submitted Material, User hereby grants to HINO a perpetual, irrevocable, worldwide, exclusive, fully paid-up, assignable, sub licensable (through multiple tiers) right and license (including, without limitation, under all Proprietary Rights), to use, reproduce, distribute, transmit, adapt, modify, perform and display (publicly or otherwise), make available and otherwise exploit all or any portion of such Submitted Material, in any form or media (now known or later developed). User unconditionally and irrevocably waives the enforcement of any rights retained by User in the Submitted Materials, and all claims and causes of action of any kind against User with respect to such rights (including, without limitation, any "moral rights" or other rights with respect to attribution of authorship or integrity).
c. User agrees to take any action reasonably requested by HINO to evidence, maintain, enforce or defend HINO's rights set forth in this Section 13. HINO shall not take any action to jeopardize, limit or interfere in any manner with HINO's ownership and rights set forth in this Section 13. All rights not expressly granted hereunder by HINO are expressly reserved by HINO.

14. DISCLAIMER; LIMITATION OF LIABILITY

a. Disclaimer. HINO MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS EULA, HINO SITE, CONTENTS, ANY COMPUTER PROGRAM, DATA AND SOFTWARE PROVIDED IN HINO SITE, INFORMATION, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. USER'S USE OF HINO SITE IS AT ITS OWN RISK ON AN "AS IS" AND "AS AVAILABLE" BASIS. HINO FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE ACCURACY AND/OR RELIABILITY OF ANY INFORMATION OBTAINED BY USER VIA HINO SITE, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR DATA REGARDING HINO PRODUCTS.
b. Limitation of Liability. HINO SHALL NOT BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL AND THE LIKE), ARISING FROM OR RELATING TO THIS EULA AND HINO SITE, EVEN IF HINO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) THE CONTENT OF INFORMATION OBTAINED FROM HINO SITE OR THE UNAVAILABILITY, INOPERABILITY, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION RELATING TO THE INTERNET OR HINO SITE. IN NO EVENT WILL HINO'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS EULA UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100.00).

15. Representations, Warranties and Covenants

User hereby represents, warrants and covenants that: (a) it has the right, power and authority to enter into this EULA and to fully perform its obligations hereunder; (b) nothing contained in this EULA or in the performance of this EULA will place it in breach of any other contract or obligation; (c) it shall comply with all applicable laws, statutes, ordinances and regulations in its performance hereunder; (and (d) any data or other information provided by User on the Hino Site will not contain any viruses, worms, Trojan horses, time bombs, other software routines, code or material defects that might disrupt, disable, harm, erase the memory of, or otherwise impede or negatively impact the operation, features or functions of Hino Site. In the event that User breaches any of the provisions of this EULA, and such breach(es) results in damages to HINO, HINO shall be permitted to claim damages against User.

16. Indemnification

User shall indemnify, defend and hold harmless HINO and its affiliates and their respective directors, officers, shareholders, employees, agents and representatives (collectively, the "Hino Indemnitees") from any and all losses, liabilities, damages, awards, settlements, judgments, costs or expenses (including attorneys' fees and costs of suit) arising out of or in connection with any third-party claim, action, suit and/or proceeding that arises out of or relates to (a) any allegation that any information or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party or (b) any breach or alleged breach by User of this EULA or any representation, warranty or covenant made hereunder (collectively, the "Claims"). HINO shall notify User in writing of any Claims. The Hino Indemnitee(s) will reasonably cooperate with User at User's expense. User may not settle any Claim without HINO's consent. Any Hino Indemnitee may participate in the defense or settlement of any such Claim with counsel of its own choice at its own expense.

17. Confidentiality

a. For the purpose of this EULA, Hino's Confidential Information means information which are reasonably recognized as confidential information or which HINO designates as confidential information in the Hino Site, but excluding any information that becomes generally known or available, through no act or failure to act on the part of User. User shall take all reasonable measures to protect the confidentiality of Hino's Confidential Information in a manner that is at least protective as the measures it uses to maintain the confidentiality of its own confidential information (but in no event less than reasonable efforts), User shall hold the Hino’s Confidential Information in strict confidence and shall not disclose, copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of such Hino’s Confidential Information, or disclose such Hino’s Confidential Information to third parties hereto, or use such Hino’s Confidential Information for any purpose other than as necessary to fulfill its obligations or exercise its rights under this EULA. Prohibition set forth in this paragraph is applied in addition to the prohibition set forth in Section 8 of this EULA, and should not be interpreted as denial of application of Section 8.
b. User shall not, without the prior written consent of HINO, disclose any of Hino’s Confidential Information to any person other than its own employees who require disclosure of such Hino's Confidential Information in order to use Hino Site, provided that (i) any such disclosure shall be made to the extent absolutely necessary for such purpose and (ii) User shall ensure that such persons are made aware, prior to the disclosure to them of any Hino's Confidential Information, that the same is confidential and that they shall owe a duty of confidence to User. User shall, free of any condition, restriction, lien or other encumbrance, deliver to HINO upon request, all Hino's Confidential Information, all other materials developed using Hino's Confidential Information and all copies or other physical embodiments thereof on whatever media and in whatever form which shall be in its possession or control and/or in that of its employees or any other person to whom it has been provided.
c. If User breaches the obligation of confidentiality or the promise of obligation of confidentiality under this Section 17, User shall compensate HINO for all damages arising as a result of such breach. In addition to the foregoing remedy, HINO shall have the right to obtain injunctive relief, a cancellation order or other similar legal remedy. HINO's exercise of the foregoing rights shall not constitute a waiver by HINO of any other rights and remedies it may have under law or equity.

18. Force Majeure

In the event that HINO finds itself unable, by reason of a case of "force majeure" to carry out its obligations hereunder in whole or in part, HINO's obligations to the extent that they are affected by such "force majeure" shall be suspended as long as the impossibility so caused shall last but not thereafter. The term "force majeure" as used herein shall mean, any event, whether accidental or not, beyond the control of HINO affected by such event but not necessarily unpredictable by HINO, including, by way of indication and not by way of limitation, any natural calamity, war (whether declared or not), civil war, terrorism, riot, change in the regime of the country, establishment, revision and/or abolition of statute, order and/or disposal by the public power, strike, sabotage, blockade and other disturbances, labor disputes or the like trouble, trouble in the system of transportation, lack of any governmental necessary authorization, fire, explosion, lightning storm, wind, drought, flood, earthquake, epidemic quarantine and more generally and other circumstances or situation whether similar or different which is reasonably beyond the control of HINO. HINO shall be exempt from any damages incurred by User as a result of force majeure.

19. Assignment

User may not assign, sub-license, assume in bankruptcy, pledge, mortgage or otherwise encumber this EULA, in whole or in part, without the prior written consent of HINO in its sole discretion. Any attempted action in violation of the foregoing shall be null and void and of no force or effect.

20. Waiver

No failure of HINO at any time in requiring the performance by User of any provision hereof shall prejudice the right to require full performance of the same provision at any time thereafter. No waiver by HINO of a breach of any provision hereof shall constitute a waiver of any succeeding breach of the same or any other provision or constitute a waiver of the provision itself. No waiver of any provision hereof shall be effective unless the same shall be made explicitly in writing and signed by the party hereto against whom such waiver is sought to be enforced.

21. Construction; Governing Law

This EULA is drafted in English and in case of various editions, the English edition of this EULA shall control. User and HINO expressly agree that this EULA shall be governed by, and construed and interpreted in accordance with, the laws of Japan, without giving effect to the laws, rules or principles thereof regarding conflict of laws.

22. Arbitration

User and HINO agree to use good faith efforts to resolve any dispute, controversy or trouble arising from or in connection with this EULA. In the event that the parties hereto cannot reach a satisfactory resolution, it is agreed that at the request of either party hereto, the dispute, controversy or trouble shall be resolved by arbitration in Tokyo, Japan in accordance with the Rules of Arbitration of the International Chamber of Commerce (the "Rules") by one or more arbitrators appointed in accordance with the Rules. The language used in the arbitration proceedings shall be the English language.

23. Government Approval

Any provision of this EULA which requires the approval of the governments of the country in which User resides shall become effective when the approval is granted by the governments concerned.

24. Taxes and Expenses

All taxes, expenses, charges, duties and local or governmental charges which may be due or become due as a consequence of this EULA shall be borne by User.

25. Severability

If any provision of this EULA is found to be invalid, unlawful or unenforceable under the laws or regulations of Japan or the country in which User accesses Hino Site, the remainder of this EULA shall nonetheless remain in full force and effect and this EULA shall be construed as if such invalid, unlawful or unenforceable provision had not been a part hereof. The parties hereto shall confer and use good faith efforts to agree upon a similar provision to take the place of such invalid, unlawful or unenforceable provision.

26. Cumulative Remedies

The rights and remedies of the parties hereto provided under this EULA are cumulative and in addition to any other rights and remedies of the parties hereto at law or equity.

27. Headings

All headings and captions are included for convenience of reference only and shall not affect the meaning or interpretation of this EULA.

28. Entire Agreement

This EULA constitutes the entire agreement between the parties hereto concerning the subject matter hereof and supersedes all prior and contemporaneous representations, discussions, proposals, negotiations, agreements and communications, whether oral or written, related hereto between HINO and User and all past courses of dealing or industry custom.