EVOTOP License Agreement

This “EVOTOP” (hereinafter referred to as the “Product”) License Agreement (hereinafter referred to as the “Agreement”) sets forth the usage method and customer responsibilities, etc. to be granted by Ruiki Corporation (hereinafter referred to as “Ruiki”) for the software (including system software, game content and other data) built into the Product and its peripheral devices purchased by the customer (hereinafter referred to as a corporation or individual). (hereinafter referred to as “Ruiki”) regarding the software (including system software, game contents, and other data, hereinafter collectively referred to as “Software”) purchased by you (a legal entity or an individual) and its peripherals, and specifies the method of use and your responsibilities. Before using the Software, you must read this Agreement in its entirety and agree to its terms.

If you are a person of limited capacity (e.g., a minor), you must obtain the prior consent of a parent or guardian before agreeing to the terms of this Agreement. If you do not agree to any provision of this Agreement, we may not grant you a license to use the Software. If you do not agree to any of the terms of this Agreement, we will not be able to grant you a license to use the Software.

This Agreement is subject to change from time to time, so please check our website or the official website of the Product (hereinafter referred to as the “Website”) from time to time. Any changes to this Agreement will, in principle, be notified on the Site or by any other method deemed appropriate by the Company. The amended Agreement shall become effective at the time of the Company's notification to the customer. (URL of this site: https://evotop.com/support)

Article 1 (License)
Subject to the terms and conditions of this Agreement, the Company grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the Software in Japan for non-commercial purposes only.

Article 2 (Intellectual Property Rights)
1. copyrights, trademarks, patents, and other intellectual property rights (“Copyrights, etc.”) in the Software belong to the Company or a third party with legitimate rights
2. use of the Software by you shall not be construed as a transfer to you of the Copyrights, etc. in the Software.

Article 3 (Limitation of Liability)
1. the software is provided to you “as is” and without warranty of any kind. We make no warranty to you regarding the accuracy, completeness, usefulness, reliability, etc. of the Software, other than those expressly warranted by us.
2. you shall be solely responsible for any and all special, indirect, incidental, or consequential damages of any kind that you may incur as a result of using this software, and we shall have no obligation to compensate you for such damages.
3. Notwithstanding the preceding two paragraphs, if there is a reason attributable to the Company, the Company shall be liable for compensation for damages. In this case, our liability to you for any and all claims arising in connection with the Software shall be limited to the amount actually paid by you in connection with the Product and/or its peripherals, except in the case of willful misconduct or gross negligence on our part.
4. If the preceding paragraph is limited by laws and regulations, our liability for damages shall be limited to the maximum extent permitted by law, and our warranty liability shall be exempted.

Article 4 (Prohibited Acts)
You shall not engage in any of the following acts when using the SOFTWARE.
1. Attempt to elucidate the source code of the Software by reverse engineering, decompiling, disassembling, deciphering, excerpting, altering, adapting, etc.
2. Reproduce, publicly transmit, rent, sell, alter, modify, or divert the Software.
3. create a product that imitates the Software; or
4. Violate any law, order, disposition, or other regulation
5. Causing or encouraging a criminal act or any other act that leads to a criminal act.
6. Infringe on the copyrights, trademarks, portrait rights, privacy, or other rights or interests of any third party.
7. Any act that defames or slanders the Company or any third party, or harms the honor or credibility of the Company or any third party.
8. Posting or distributing information that is false or misleading.
9. Use the Software for business or commercial purposes.
10. Any other act that offends public order and morals.

Article 5 (Open Source Software)
The Software includes open source software (“OSS”). The copyrights of the OSS are owned by a third party other than the Company, and the third party sets forth the license terms and conditions for the OSS (hereinafter referred to as “OSS License Terms”). In the event of any conflict between the OSS License Terms and this Agreement, the OSS License Terms shall prevail only to the extent of such conflict.

Article 6 (Term of Validity)
This Agreement shall become effective upon your use of the SOFTWARE and shall continue in effect unless terminated in accordance with the following Article.

Article 7 (Termination of Agreement)
1. If you breach any provision of this Agreement, we may immediately terminate this Agreement without any notice. In such a case, the Company may take remedial measures to the maximum extent permitted by law, such as restricting the Customer's use of the SOFTWARE. In this case, you will not be entitled to any warranty, repair or other services for the Software.
2. In the case of the preceding paragraph, regardless of the reason or legal basis for termination of this Agreement, the Company will not refund, compensate, or otherwise deal with any expenses paid by the Customer in connection with the Product and/or its peripherals.

article 8 (general provisions)
This Agreement shall be governed by and construed in accordance with the laws of Japan. If any provision of this Agreement is declared illegal or invalid by any court, administrative order or applicable law, the other provisions shall remain in full force and effect.

Article 9 (Dispute Resolution)
The Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction in the first instance over any and all disputes between you and the Company relating to this Agreement.

The above
Effective November 22, 2024