Last modified: October 31, 2018
Terms of Service
This English version of the terms and conditions is a translation for your reference of the Terms (hereinafter defined) in Japanese. Japanese version of the Terms is applied to you and Fuji Xerox assumes no responsibility whatsoever for any discrepancies of interpretation arising between the Japanese and English versions.
These terms and conditions ("Terms") stipulate the terms of a legal agreement between you and Fuji Xerox Co., Ltd. ("Fuji Xerox"), with respect to use of Fuji Xerox SkyDesk Service.
Article 1 Scope
- Unless otherwise agreed, the Terms shall be applied to when you use the Fuji Xerox SkyDesk Service. If the specific terms for a part of service in Fuji Xerox SkyDesk Service are provided for and you will use such service, such specific terms shall be applied to you.
- This service is provided for the customers in Asia Pacific/Oceania* region including Japan. Those who are outside of the area cannot carry out user registration nor use the services in principle.
* Australia, Hong Kong, Japan, Indonesia, Malaysia, New Zealand, Philippines, Singapore, Thailand, Vietnam, Taiwan and Cambodia
Article 2 Definition
- "Service" means an online service named Fuji Xerox SkyDesk Service, which contains data storage, customer management, document creation and other functions, and includes beta service described in Article 14.
- "Corporation" means a legal entity or unincorporated association, which has legal capacity to enter the Terms.
- "System" means computer system consisted of computers, other machines, and software, which Fuji Xerox owns or possesses to provide the Service.
- "User Data" means any data which;
- you transmit to the System for data processing with use of the Service; or
- you create or make with use of the Service.
- "Opening User Data to the Public" means disclosing User Data for public reading and/or viewing, transmitting User Data to public, and/or making User Data transmittable to the public with use of the Service.
- "Transmission Prevention Measures" mean taking measures to prevent Opening User Data to the Public and/or to delete User Data stored in the System.
- "Templates and Sample Documents" means;
- certain templates, customized application programs, plug-in programs and/or any other data or programs, which are provided to you through the Service by Fuji Xerox and/or third party for the purpose of using on the Service only.
- certain scripts, which are provided to you by Fuji Xerox for the purpose of customizing the Service, and/or using other functions on the Service.
Article 3 Service Usage Environment
Fuji Xerox will provide you with the Service subject to these Terms. You shall, at your own expense, prepare equipment, software, network communication services and other facilities, which you are required to utilize the Service.
Article 4 User Registration
- Before you start to use the Service, you shall register information which Fuji Xerox designates, such as your name, mail address and any other information. After Fuji Xerox approves your registration, your ID and password shall be determined in a sequence of this process.
- You shall update your information, in case of any changes in your registered information.
- You may not register false, fake, or forged information in the registration process herein.
- The legal agreement for the Service between you and Fuji Xerox shall be effective when your registration procedures for the Service described in section 1 of this article is completed.
Article 5 User Registration by Company, Corporation, or Other Organization
- If you are a Corporation, a representative of the Corporation or an agent empowered by the representative of the Corporation may carry out the registration necessary to use the Service on behalf of the Corporation. In this case, the Corporation shall be responsible for its employees' or constituent members' observance of the Terms and related conditions, and is jointly and severally liable to Fuji Xerox for any damages arising out of the use of Service by its employees or members.
- Further, Fuji Xerox may request a document to show such Corporation is duly established and/or its applicant person has an authority to enter the Terms. You shall, at Fuji Xerox's request, submit necessary documents to Fuji Xerox.
Article 6 Authorization and Legal Capacity
- If you are registering for the Service as an individual, you shall represent and warrant that you are at least 20 years of age and has the legal capacity to enter the Terms.
- Failure to comply with the representation hereunder shall be deemed a material breach of this Agreement and Fuji Xerox may terminate or suspend your access at its own discretion.
Article 7 ID and Password
- You shall keep the password of your ID in confidence and shall not disclose it to others.
- You shall not lend, sell, assign, transfer the title, or make available your ID and password to others.
- You shall immediately notify Fuji Xerox, if you find that your ID and Password are stolen or unlawfully used by others.
- Fuji Xerox may deem a person who signs in by using collect your ID and password, as a rightly authorized user of the Service, and will provide the Service.
- Fuji Xerox shall not be liable for any damages arising from divulgation or unauthorized use of your ID or password, except as caused by Fuji Xerox's willful act or gross negligence.
Article 8 Using Service
- With regard to use of the Service, you shall abide by any specific instructions, if any.
- Your use of the Service is at your own risk, and Fuji Xerox does not make and disclaims any and all other express and implied warranties except as expressly stipulated herein.
- The Service has the function to ease or make efficient collaborative activity with other users of a group or organization that you set ("Group") and you may authorize other users of the Group to edit your data (including mails being addressed to your account) or to administrate your Group. You shall be responsible for any result arising from your setting of your Group.
- If price plan which you agreed with Fuji Xerox have the limitation of your usage of Service, such as quantity of the data, usage frequency of the Service, Fuji Xerox may restrict your usage of the Service when your usage of the Services reaches such limitation.
Article 9 User Data
- You shall warrant having the lawful right and title to any data ("User Data") which you create by using the Service and/or you transmit via the computer system provided under the Service (the "System").
- You shall permit Fuji Xerox to automatically reproduce, modify, adapt, translate, publicly transmit or use User Data based on the System's specification to the extent necessary to Fuji Xerox's providing the Service on the System. For the avoidance of the doubt, this section intends that you will be required to permit Fuji Xerox to automatically reproduce, modify, adapt, translate, publicly transmit or use User Data based on the System's specification in the process of operation of the Service on the System, and this section is not interpreted that you will be required to permit Fuji Xerox to publicly disclose or publish your User Data for earning profit or sell your User Data.
- You shall back-up your User Data at your cost and responsibility.
- When the agreement for the Service is terminated, Fuji Xerox shall delete your User Data after the storage period separately specified Fuji Xerox. After the termination of such agreement, Fuji Xerox shall be no liable to damage to you and/or any third party related to storage and/or deletion of your User Data.
- Fuji Xerox does not access your User Data. Provided that Fuji Xerox may access your User Data if Fuji Xerox determines to need to access your User Data for any of following purpose;
- to maintain operational conditions and security of the System;
- to prevent errors and trouble in the System, or to improve quality of the System;
- to resolve the issue which you request Fuji Xerox through the Support Service.
- If you use the Beta Services provided for in Article 14, Fuji Xerox may delete certain part of your User Data without your approval for the purpose of improvement of such Beta Services.
- Fuji Xerox shall not disclose or publish without your approval unless the occurrence of any of the following event:
- In case that Fuji Xerox subcontracts third party its service under Article 15, Fuji Xerox may disclose your User Data to the necessary extent of such service contract;
- In case that Fuji Xerox receives courts order or governmental request (including any request from investigation authorities in writing), Fuji Xerox may disclose or publish within the extent of such request.
- If your use frequency or data transfer quantity is exceeded the Fuji Xerox standard and Fuji Xerox decides such your use interfere with other customer's use of the Service, Fuji Xerox may limit your use frequency, use time of day and/or data transfer quantity of the Service.
- Fuji Xerox may collect, manage, analysis and/or use the access logs of your use of the Service for the purpose of the maintenance and/or improvement of the Services.
Article 10 Authorization to exploit
- If Fuji Xerox provides to you templates and/or sample documents for the Service, Fuji Xerox grants you to reproduce, adapt, modify, and publicly transmit such templates and sample document only for the purpose to create your document or data by using the Service.
- You shall not redistribute these templates, sample documents and their modifications as your templates, sample documents and other materials.
- FUJI XEROX SHALL NOT BE LIABLE FOR ANY DOCUMENT OR DATA CREATED THROUGH AND BY YOUR USING THE SERVICE.
- Fuji Xerox will provide Application Interface for connection to third party software or service ("API"). You may use such API in accordance with Fuji Xerox's document relating to such API.
- Fuji Xerox shall not warrant any performance about API, such as normally operating, no bugs, no changes in the future, no termination in the future.
- You shall use API upon your own responsibility, Fuji Xerox shall not warrant any damage arising out of your use of API (including API's function error, changes of API by Fuji Xerox or termination of API by Fuji Xerox).
Article 11 Responsibility of Fuji Xerox
Fuji Xerox provides the System on "as is" basis at the time of your use. With respect to the System, Fuji Xerox's responsibility shall be limited to make commercially reasonable effort to prevent
- computer virus infection,
- infringement of intellectual property rights of third party, and
- unauthorized access to the System.
Article 12a Special Provision of Mail Hosting Service
- If you use the mail hosting service, you shall warrant that;
- you have the right to use the domain name for the mail hosting service.
- you don't and will not to receive and/or transmit other person's mail pretending other person and/or using another person's ID and password.
- If you use the mail hosting service as a Group, you shall, as a representative of your Group, warrant that;
- all members of your Group don't and will not receive or transmit other person's mail pretending other person and/or using another person's ID and password;
- you have a sufficient authority or right to control and use your mail server or obtain a permission to use your domain name or address from a right person who possess and control your mail server.
- you and all members of your Group shall abide by the Terms.
- If you violate the above section 1 and/or 2 of this section, Fuji Xerox may immediately stop whole or a part of your mail service and mail hosting service at this Service. Further if you use mail hosting service as a Group, Fuji Xerox may immediately stop whole or a part of your Group members' mail service and mail hosting service.
Article 13 Special Provision for SkyDesk Support Service
- If you allow your customers ("Support Customers") to use the permitted service portion of SkyDesk Support for the purpose of your own support services, you shall obligate Support Customers to adhere to the followings:
- Use SkyDesk Support to the extent not contrary to the Terms of SkyDesk Service;
- Keep their ID and password to use the permitted service portion of SkyDesk Support (collectively "Support Customer Password") in confidence; and
- Not assign, transfer or make available Support Customer Password to any other third party.
- You shall appropriately administrate any information of Support Customers (including their IDs) and Fuji Xerox shall not be liable for any damages arising from divulgation or unauthorized use of Support Customer Password, except as caused by Fuji Xerox's willful act or gross negligence.
- On your using SkyDesk Support, you shall represent and warrant that you have any and all legal rights and titles to use sub-domain name which you have specified and set into the SkyDesk's email address (hereinafter called "Sub-domain name". It is indicated as "xxxx" part in @xxxx.support.skydesk.jp). In case that a third party claims against Fuji Xerox that such Sub-domain name infringes that party's right, including trademark rights, or causes misrepresentations, mistakes or confusion, Fuji Xerox may, at its sole option, take remedial measures to delete or rename the alleged Sub-domain name after written notification to you without delay.
Fuji Xerox shall not be liable for any and all damages arising from such deleting or renaming the Sub-domain name. You shall defend, indemnify and hold Fuji Xerox harmless against any claim at your own expense and responsibility, and shall pay all costs, including attorney fees, and Fuji Xerox's damages, if any.
- You shall, at your risk and responsibility, make Support Service available to Support Customers and Fuji Xerox shall not bear any responsibility for any claim, dispute or controversy between you and any third party in connection with the use of SkyDesk Support.
Article 14 Offering Beta Services
- Fuji Xerox may offer you certain Services as, closed (private) or open, trial services by using beta versions ("Beta Services") for the purpose of the testing and evaluation.
- You agree that Fuji Xerox has the sole authority and discretion to determine the specifications, trail period and other terms and conditions of Beta Services.
- Fuji Xerox may, at its sole option, determine to offer you the Beta Services as commercially paid services.
- You will be under no obligation to subscribe any Beta Services which are changed into paid services when Beta Services are released as paid services based upon the previous section 3.
- Fuji Xerox will reserve the right to, fully or partially, temporarily or permanently, discontinue any Beta Services at any time without prior notice to you.
- YOU AGREE THAT FUJI XEROX WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR, CURRENTLY OR IN THE FUTURE, ANY AND ALL HARM RELATED TO, ARISING OUT OF, OR CAUSED BY THE MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY OF THE BETA SERVICES FOR ANY REASON.
Article 15 (Subcontract to Third Party)
Fuji Xerox may subcontract any third party a part or all of work for providing the Service to you.
Article 16 No Warranty
- EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS. THE SERVICE AND THE SYSTEM ARE PROVIDED WITH NO WARRANTIES OF ANY KIND, AND FUJI XEROX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FUJI XEROX DOES NOT WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
- YOU AGREE THAT FUJI XEROX SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF FUJI XEROX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
- If you cause damage to any third party or Fuji Xerox, you shall indemnify such third party or Fuji Xerox for its damage at you own cost and responsibility, and you shall not claim Fuji Xerox for any compensation.
- If any conflict, claim or dispute is arisen between you and third party, you shall resolve such conflict, claim or dispute with such third party at your own cost and responsibility, and you shall not claim Fuji Xerox for any compensation.
If you cause Fuji Xerox any damage or compensation to such third party at your intention or negligence relating to such conflict, claim or dispute, Fuji Xerox may claim your compensation for such damage or loss.
- Section 1 and Section 2 shall not be applied to you if (i) Fuji Xerox has the responsibility at its intention or gross negligence; or (ii) you are consumer which is defined in Japanese Consumer Contract Act.
Article 17 Third Party's Service
- If you use any third party's services with the Service, such third party's terms and conditions shall be applied to your use and your data of third party's services.
- Fuji Xerox shall only be responsible for providing the Service subject to the Terms, and shall not be liable for any third party's services or products used with the Service.
Article 18 Notification
- Any notice from Fuji Xerox to you (including any notification based on Act on Specified Commercial Transactions in Japan) shall be made by internet mail of which you registered the address.
- Any notice from you to Fuji Xerox, shall be made by transmission through SkyDesk Consultation Form, internet email whose address is email@example.com or registered mail.
Article 19 Prohibition
You shall NOT
- make your ID and password available to any third party,
- lend, transfer, buy and sell, or change the name of your ID and password for the Service,
- resell the Service to any third party,
- cause a crime or conduct illegal activities by use of the Service, or use the Service to distribute or transmit information which may encourage crime and/or illegal activities,
- infringe trademark right, copyright or any other intellectual property of any third party by use of the Service,
- infringe privacy and/or publicity right of any third party by use of the Service,
- transmit any data/information or conduct any activity against public order and morality by use of the Service,
- infect the System with computer virus or other computer programs to interrupt normal operation of the System, or transmit such computer viruses and/or programs by use of the Service,
- transmit junk mails, spam mails, chain letters and any other annoying mail by use of the Service,
- transmit a massive amount of mails at one time by use of the Service,
- access to the System via any wrongful process other than the designated protocols,
- conduct any analysis of the functions, software, structure or technology of the System by use of the Service, or use the System any purpose other than using the Service,
- transmit or distribute mail or any other data for the purpose of getting receiver's ID, password, credit card number or other personal data,
- provide third party secondary service from the Service without Fuji Xerox prior permission,
- treat the data including Individual Number defined in Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures,
- is engaged in any act arising loss or damage to Fuji Xerox or third party, or is engaged in act that is likely to arise loss or damage to Fuji Xerox or third party, or
- act something that Fuji Xerox find inadequate.
Article 20 Transmission Prevention Measures
Fuji Xerox has a right to take Transmission Prevention Measures, if;
- Opening User Data to Public causes against public order and morality or is highly probable to cause to offend public order and morality;
- your User Data include any information that causes or encourages a crime or illegal activities;
- Opening User Data to Public cause infringement of privacy and/or publicity right of any third party or are highly probable to cause infringement of privacy and/or publicity right of any third party;
- Opening User Data to Public slander someone's reputation or stains someone's honor, or are highly probable to slander someone's reputation or stain someone's honor;
- your User Data infringe trademark right, copyright or any other intellectual property of any third party, or are highly probable to infringe trademark right, copyright or any other intellectual property of any third party;
- your User Data include computer virus, spyware, malware and/or any other program or data to prevent normal operation of computer system or illegally obtain someone's information; or
- Fuji Xerox is required to take Transmission Prevention Measures in accordance with judicial or governmental orders, or any other legal demand based on applicable laws, including Japanese Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders.
Article 21 Temporary Halting ID and Password
Fuji Xerox may suspend a part or all of the Service of your user account, if:
- Fuji Xerox needs to maintain or secure appropriate operation of the Service and the System;
- you violates the Terms;
- Fuji Xerox finds that there is a probability of your act described in Article 20;
- Fuji Xerox can not provide the Service in appropriate arising out of extraordinary overload to the System or System failure due to your transmission or reception of many mails in short time, or Fuji Xerox decides so.
- Fuji Xerox receives court orders to halt a part or all of the Service;
- Fuji Xerox receives official requests to halt a part or all of the Service from competent administrative organizations; or
- you repeat any act prohibited under Article 20 before its cause is resolved.
- Through the Service, Fuji Xerox realizes the possibility of occurrence of loss or damage to you or third party, arising out of hacking to the System, falsification of data and so on.
Article 22 Termination by you
You may terminate this Agreement at your convenience, provided that you shall conform to the prescribed procedure and immediately pay all amounts of fees owed by you.
Article 23 Termination by Fuji Xerox
- Fuji Xerox may immediately terminate the Service and all related agreements with you and discard your ID, password and your User Data, if:
- Fuji Xerox finds unauthorized use of your ID or password;
- you conduct a crime act and/or any other illegal act with use of the Service;
- you pass or transmit to the System computer virus, spyware, malware and/or any other program or data which prevent to normal operation of computer system or illegally obtain someone's information, or distribute and/or transmit such harmful program and/or data with use of the Service;
- your violation of the Terms and/or other related conditions are not cured regardless of Fuji Xerox's notice;
- you do not access in the System in one hundred and twenty days (120) or more;
- the court orders to delete your ID, password or your User Data;
- competent governmental office requests to delete your ID, password or your User Data under any law or regulation concerned;
- you illegally access or attempt to access the System or to use the Service or System;
- you make your ID and password available to any third party by way of transfer, rental or otherwise making available;
- (i) you are/were formerly anti-social force, or a member of anti-social forces (where five years have not passed since you made a clean start), (ii) you have a relationship with anti-social force(s), (iii) you stain someone's honor and/or confidence, or interfere with someone's activities, demand unjustified act or do any other undue act in the name of anti-social force or the like, or (iv) your main investor or director is a member of anti-social force; or
- Fuji Xerox is repeatedly required to block transmission of all or a part of your User Data so as to take any Transmission Prevention Measures under the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders.
- Fuji Xerox shall not responsible any damages arising from the termination based on any section of this article.
- After the termination, you shall not use your ID and password for the Service. Further, you may not view, edit or use the data or files which you registered the Service
Article 24 Halt or Suspension of the Service
- Fuji Xerox may halt or suspend the Service, if:
- Fuji Xerox, periodically or urgently, performs maintenance or engineering works for the System, or there is an unavoidable circumstances to suspend the Service, such as system trouble;
- Fuji Xerox cannot provide the Service as usual because of a war, riot, disturbance, strike, earthquake, eruption, flood, tsunami, fire blackout or otherwise state of emergency;
- Fuji Xerox receives a government or court order, or telecommunication business carriers halts or stops to provides its services to Fuji Xerox;
- the court orders to halt or suspend the Service; or
- Fuji Xerox decides to halt or suspend the Service due to operational reasons otherwise above.
- If Fuji Xerox halts or stops the Service under this Article, Fuji Xerox will notify to you beforehand. Notwithstanding the foregoing, this section shall not apply in case of any emergency or unavoidable situations.
- Fuji Xerox shall not be liable to you or any third party for any damage due to suspension or termination of the Services unless otherwise expressly stipulated in the Terms.
Article 25 Termination of the Service
- Fuji Xerox may at its discretion, terminate partly or wholly the Service with thirty (30) days prior notification.
- Fuji Xerox shall not compensate to you on termination under the above section.
Article 26 Compensation of the Damage
- Fuji Xerox shall be liable to you solely for normal and direct damages to the maximum extent of the sum of thirty hundred (3,000) Yen, regardless of default of Fuji Xerox's obligation, torts and/or any other reason.
- Section 1 of this Article shall not apply to your damage due to Fuji Xerox's willful act or gross negligence.
Article 27 Personal Information
- For the purpose stated below, Fuji Xerox will obtain and use your Personal Information which includes Personal Information to be registered by you, provided however, except for the Personal Information contained in your User Data, and the information to be automatically collected by Fuji Xerox through your using the Pay Service);
Type of Personal Information Purpose of Personal Information Usage 1 Your name, company or entity, its organization, telephone number, address, mail address registering ID, introducing more convenient usage and function, informing Fuji Xerox or Fuji Xerox partner's products, services and other, equating about Fuji Xerox or Fuji Xerox partner's products or services, or guiding sales campaign or event for you 2 Your ID and password logging in to the Service, identifying your paid plan of the Service 3 Your Service use condition and, your computer environment customizing information provided from Fuji Xerox to you, improvement of the Service
- Fuji Xerox may provide affiliates of Fuji Xerox, service contractor and partner in and outside of Japan within the scope necessary to provide you with the Service and achieve the purpose set forth in each items of Section 1.
- You shall agree Fuji Xerox may handle and storage your Personal Information registered for the Service outside of the country or area where you live in.
- Fuji Xerox may produce anonymously processed information from your Personal Information described in Section 1 in accordance with Japanese Act on the Protection of Personal Information and other guidelines.
Article 28 Revision
- Fuji Xerox may revise the Terms (including related instructions or conditions thereof) with a notice no later than thirty (30) days prior to revision of the Terms. Notwithstanding the foregoing, Fuji Xerox may revise the Terms without any prior notice to you, if such revision(s) fall under the following;
- to exempt or reduce your obligation;
- to increase your benefit or right;
- to delegate additional responsibility to Fuji Xerox;
- to reduce the service fee for Additional Service, or
- any other revisions not to put you at a disadvantage to the extent reasonable.
- Notwithstanding the foregoing, Fuji Xerox may revise the Terms without advance notice, if such addition does not negatively affect your existing interest, such as the Terms for new added items of the Service, functions of the Service.
- The revised Terms shall start to apply from the date designated by Fuji Xerox after which the prior notice term expires.
Article 29 Governing Law
The Terms and any other related conditions of the Services shall be governed by and construed in accordance with the laws of Japan.
Article 30 Jurisdiction
You and Fuji Xerox agree that any disputes and controversies hereunder shall be exclusively brought in the Tokyo Summary Court or the Tokyo District Court of Japan.
Font Software License Agreement
If you use any service and/or function set forth in Article 1 (Scope) of this License Agreement, you are supposed to use font software of Monotype Imaging Inc. If you use the service and/or functions thereof, you shall observe the following terms in this Font Software License Agreement.
Article 1 Scope
This Font Software License Agreement ("Font Terms") shall be applied to you, when you use the function, "export in PDF format" and/or "print in PDF format" in the application of "Writer", "Sheet" and/or "Show".
Article 2 Acknowledgement
You acknowledge that this Service contains, as a component, the font software which generates font designs ("Font Software").
Article 3 Scope of the User
- You agree that the following terms are defined as follows.
- "Internal Use" means that use of the Font Software only in the course of your customarily and ordinarily internal business or personal use.
- "Customarily and ordinarily internal business use" means any use by you, your employees, or your authorized agents for your customarily and ordinarily internal business.
- "Customarily and ordinarily personal use" means any use by you or a member of your household for internal and personal purposes.
- Internal Use shall be formed when an individual authorized by each items of Section 1 of this Article is permitted to give commands (whether by keyboard or otherwise) from a remote location by the Font Software which is a component of the Service.
- Internal Use shall not include the following use of the Font Software:
- "customarily and ordinarily internal business use," by your employees or agents that are not authorized by you; or
- "customarily and ordinarily personal use," by any person that is not a member of your household.
- You shall notify all such employees, agents, and household members defined in Section 1 of this Article of the Font Terms and shall make them to be bound by these terms.
Article 4 License to Use
You are hereby granted non-exclusive, non-assignable, and non-transferable rights to use the Font Software in the Service only for your Internal Use. You are not allowed to use the Font Software for any purposes other than Internal Use, including but not limited to, resale, sublicensing, or distribution. All rights not expressly granted in the Font Terms are reserved by Fuji Xerox and/or its supplier to Fuji Xerox.
Article 5 Prohibited Action
- You may not alter the Font Software for the purpose of adding any functionality which such Font Software did not have when it was provided to you.
- You may not extract the Font Software from the System.
- You may not copy the Font Software from the System.
Article 6 Re-distribution
- Internal Use shall not include any distribution whatsoever of the Font Software, provided however, that you may electronically distribute a document created by you in the scope of Internal Use, which contain the Font Software in a static graphic image or in a format that permits the embedding of Font Software solely for viewing and printing (and not the editing, altering, enhancing, or modifying) such document.
- You may not embed the Font Software into a document, which is distributed as a commercial product in exchange for a fee or other consideration (For example, you are not allowed to embed the Font Software into an electronic book that is offered to the public for profit.).
Article 7 No License
This license is not meant to transfer any right, title, or interest in the Font Software or its components to you except as expressly set forth herein. You acknowledge that the Font Software is legally protected by copyright laws. You shall not conduct any act to infringe any right of the Font Software.
Article 8 Halting the License
Fuji Xerox reserves a right to terminate the license granted under the Font Terms, if you breach any terms herein. In the event of termination of your right to use, you will be required to immediately cease any use of the Font Software, destroy the original and all copies of the Font Software under your control, possession, or supervision and promptly certify the destruction of the Font Software to Fuji Xerox.
Article 9 Special Terms for User as United States Government
If you use the Service under following contract, you shall observe the following terms.
- GSA contract - use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract,
- DOD contract - use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of 252.277-7013;
- Civilian agency contract - use, reproduction, or disclosure is subject to 52.277-19(a) through (d) and restrictions set forth in the accompanying End User Agreement.
End of Text
- Monotype is a registered trademark of Monotype Imaging Inc.
All rights of the Font Software are protected by the copyright laws of the United States and international treaties concerned.
October 31, 2018:
- Rearranged the article numbers throughout the Terms of Service
- Clarified the wordings throughout the Terms of Service
- Clarified and added contents based on the actual operations throughout the Terms of Service
- Added contents related to service specific terms and restrictions in the European Economic Area (Article 1)
- Added contents related to Cards R (Articles 9, 14)
- Added contents related to the third party subcontract (Article 16)
- Added examples to clarify contents (Articles 20, 22)
- Changes based on My Number System in Japan (Article 20)
- Changes enhance security (Article 24)
- Added contents related to usage of personal information and data storage (Article 28)
Last modified: October 31, 2018
Terms of Pay Service
This English version of the Terms of Pay Service is a translation for your reference of the Terms of Pay Service (hereinafter defined) in Japanese. Japanese version of the Terms of Pay Service is applied to you and Fuji Xerox assumes no responsibility whatsoever for any discrepancies of interpretation arising between the Japanese and English versions.
This terms and conditions of Pay Service stipulate the terms of a legal agreement between you and Fuji Xerox Co., Ltd. ("Fuji Xerox"), with respect to use of Fuji Xerox SkyDesk Service additional pay services attached at Fuji Xerox the Terms of Service for SkyDesk Service.
Article 1 Scope
- This terms and conditions of Pay Service ("Pay Terms") and Fuji Xerox SkyDesk Service Term of Use ("Service Terms") are applied to you, when you use the Fuji Xerox SkyDesk Service for Paid Plan("Pay Service").
- If the any provision of the Pay Terms contradicts with a provision of the Service Terms, Pay Terms shall control and prevail.
- Unless expressly defined herein, all capitalized terms in this Pay Terms shall have the same meaning as set forth in the Service Terms.
Article 2 Providing Service
Fuji Xerox will provide you the Pay Service.
Article 3 Starting to Use
- You shall order Paid Plan in accordance with the procedure designated by Fuji Xerox. This agreement regarding to Pay Service between you and FX shall be effective at the time of Fuji Xerox's acceptance to your order on the System.
- You may use Pay Service from the effective time point of this agreement.
Article 4 Rejection of Offer
Fuji Xerox may decline your offer of the Pay Service, if:
- Fuji Xerox's charges to your credit card are rejected;
- contents of your order is incomplete;
- contents of your order contain false representation to fact;
- there is a record that any amount was overdue more than thirty (30) days;
- the Service is suspended under Article 24 of the Service Terms; or
- it is highly probable that you would violate any Service Terms or Pay Terms.
Article 5 Cancel before Starting Term
You can withdraw and cancel your offer of the Pay Service without fees, if you withdraw the offer within the period between the first (1st) day and twentieth (20th) day of the calendar month that you place the order on.
Article 6 Term
- The Pay Terms shall be effective as of the registration date under the section 3, and remain in full effect until the expiration date as provided in the prescribed fee table. However, onetime payment service shall expire when you consume upper limit number of service unit that Fuji Xerox displays in its website relating such onetime payment service .
- Except onetime payment service, the contract period of Pay Service shall be automatically extended with the same conditions, unless you apply for termination or change of the Pay Service in accordance with the procedure prescribed in the Article 13 by the 20th day of the calendar month that Pay Service expires on.
Article 7 Service Fee
- The fees of each Pay Service shall be stipulated in the fee table attached hereto. However, if you separately agree the fee for the Additional Service, the agreed fees shall supersede the prescribed fees.
- Fuji Xerox will not charge you the fee of Pay Service for the month when contract relating such Pay Service is effective.
- Fuji Xerox may charge you the fee of Pay Service for the month when contract relating to such Pay Service is expired.
Article 8 Payment
- Unless otherwise agreed, you shall pay the fees for Pay Service with your credit card.
- If you desire to change the registered credit card, you shall proceed with the prescribed procedure.
- You shall pay any tax (including consumption tax and local consumption tax) relating to your Pay Service use.
- Except as specifically stipulated herein, Fuji Xerox will not refund whole or part of the fees or adjusting fee by calculation on daily or monthly for Pay Service that you paid in effective term for any reason, such as decreasing number of user, downgrade to lower paid plan or cancelling Pay Service, except stated in Section 2 of Article 14 or Article 18.
Article 9 Failure of Payment
- Fuji Xerox may terminate or suspend Pay Service, if you don't
- pay the fees for each Pay Service by due date despite a demand notice (including credit-card blocking);
- accede to an additional payment due to changes of Pay Service.
- If you fail to pay the fees for Pay Service despite several demand notices, Fuji Xerox may cancel the Terms of Pay Service and related agreements (if any) and immediately terminate all of the Services and Pay Services. Fuji Xerox may immediately delete your ID, password and all of user data, and shall not be liable for any damages incurred by you in the termination of the Services and Pay Services.
Article 10 Relation between Representative of Group and its Members
- If you may set a group to use the Pay Service on a conjoint basis, you will be a representative of such group setting. You shall be responsible for any administration and operation of the Additional Service in such group setting.
- If you authorize a third person as a member of your group setting, you shall be liable for any acts or omissions of such third person in using the Service or the Pay Service.
- You may transfer your representative status of your group setting to other person(s). If you transfer your representative status, you shall, at your responsibility, obtain the entire agreement of all members on such transfer.
Article 11 Payer of Service Fee
- If you place an order for Pay Service as a representative of your group setting, you shall be responsible for payment of the fees of such Pay Service.
- You may choose a member of your group setting as a payer of the fee of Pay Service subject to the procedure designated by Fuji Xerox. In the foregoing case, you shall, at your responsibility, obtain the entire agreement of such member on the payer setting.
- If you are newly designated as payer of the organization you belong to for Pay Service based on the procedures of change of payer pursuant to the Section 2 of this Article, you shall take the procedure designated by Fuji Xerox.
- If you fail to abide by the prescribed procedure under the foregoing subsections, Fuji Xerox may decline your request.
Article 12 Support Service
- Pay support service ("Support Service") shall means that Fuji Xerox will reply to your queries related to Sky Desk Service by the date to be designated by Fuji Xerox as a part of Pay Service. Fuji Xerox will not warrant that Support Service will resolve all your queries.
- Fuji Xerox makes no warranty that a problem or questions raised by you shall be solved or corrected within the days described in section 1. Further, you shall, at your own risk and responsibility, employ suggestions or advice provided by Fuji Xerox in the Support Service.
- If you fail to comply with the prescribed procedure for Support Service or Fuji Xerox's instruction, Fuji Xerox may not provide you with suggestions or advices within the days described in section 1.
Article 13 Cancellation
- If you desire to not extend the contract period of Pay Service, you shall proceed with the cancellation process designated by Fuji Xerox during the period between the first (1st) day and twentieth (20th) day of the calendar month that the contract term for Pay Service expires.
- You may not cancel Pay Service during your contract term of Pay Service.
Article 14 Termination by Fuji Xerox
- Fuji Xerox may terminate all or a part of the Pay Service with thirty (30) days prior notice to you
- Notwithstanding Section 3 of Article 8, If Pay Service is terminated during your contract term, Fuji Xerox will refund the fees corresponding to the rest of such contract term in accordance with the prescribed calculation method.
- Except expressly herein, Fuji Xerox shall not be liable for any damages incurred by you in the termination of Pay Service.
Article 15 Limited Warranty
- EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE PAY SERVICE AND THE SYSTEM ARE PROVIDED WITH NO WARRANTIES OF ANY KIND, AND FUJI XEROX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FUJI XEROX DOES NOT WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
- If Fuji Xerox realize that Pay Service is not provided pursuant to the prescribed function specification or Pay Service does not have the prescribed function, Fuji Xerox will make commercially reasonable efforts to correct such errors. Provided that, Fuji Xerox makes no warranty that such errors will be corrected.
Article 16 (Handling Personal Information in Pay Service)
Through the Pay Service, for the purpose stated below, Fuji Xerox will obtain and use your Personal Information which includes Personal Information to be registered by you, except for the Personal Information contained in your User Data, and the information to be automatically collected by Fuji Xerox through your using the Pay Service);
|Type of Personal Information||Purpose of Personal Information Usage|
|1||Your ID, name, address, mail address, credit card number and its effective term||billing the fee, confirmation of the payment or credit management|
Article 17 Compensation of the Damage
- Fuji Xerox shall be liable to you solely for normal and direct damages to the maximum extent of the sum of thirty hundred (3,000) Yen or the sum of your payment to Fuji Xerox for the Pay Service during the past six (6) months just before such damage occurred, which is higher, regardless of default of Fuji Xerox's obligation, torts and/or any other reason.
- Section 1 of this Article shall not apply to your damage due to Fuji Xerox's willful act or gross negligence.
Article 18 Change or modification of the Service Terms
- The Pay Terms will be changed or modified or changed in accordance with Article 28 of the Service Terms.
- If Fuji Xerox notifies You revising the Service Terms and/or Pay Terms (collectively "Revising Terms") subject to Article 28 of the Service Terms, and you do not agree Revising the Terms, you may terminate the Pay Service on effective date of Revising Terms by informing Fuji Xerox subject to the procedure designated by Fuji Xerox. In this case, Fuji Xerox will refund you the fees corresponding to the rest of such contract term of Pay Service in accordance with the prescribed calculation method regardless of Section 3 of Article 8, if your effective term of Pay Service remains at the effective date of Revising Terms.
The Paid Plan will be changed or modified in accordance with Article 28 of the Service Terms. Such modified or changed Paid Plan shall be applied to you from the date of renewal of Pay Service after the date of change or amendment of the Paid Plan.
End of Text
October 31, 2018:
- Added contents related to handling personal information in pay service (Terms of Pay Service: Article 16)
- Added contents related to change of modification of the service terms (Terms of Pay Service: Article 18)