e-frontier, Inc (“e-frontier”) and you, a customer (“customer”, “you”) who purchased Shade Data Megurine Luka (herein referred to as “product” or "Megurine Luka for Shade) for the purposes of licensing product exclusively under this Product License Agreement (“this agreement”).
e-frontier grants customer the following nontransferable rights regarding this product by terms and conditions written on this agreement.
| 1.1. | Customer has a right to install this product on one computer hardware and use it on the computer hardware; however, no one but a customer can install this product onto network server computer hardware that is connected to computer network. |
| 2.1. | This product cannot be rented, lent, sold or transferred to a third party without a prior written permission from e-frontier. You are expressly forbidden from using your rights under this Agreement as security or equity in any legal or financial transaction. |
| 2.2. | You cannot sell, distribute, transfer, loan, rent, lease, resell, share or electronically port any portion of this product or the product in its entirety or in any portion thereof, even though it is mechanically possible to copy, edit or fabricate |
| 2.3. | Non-commercial, rendered image data (2D image data) and image data that are accumulations of rendered image data, which a customer has rendered can be used for any purpose not expressly prohibited may be developed without additional licensing or acknowledgement of E Frontier copyrights. |
| 2.4. | You may convert 3D shape data in Shade format included in this product for use in other 3D application for your own use only; incorporating 3D shape data into other files or products for purposes other than your own use is expressly prohibited. |
| 2.5. | Duplication of this product is not permitted except for backing up the data on a hard disk or external, fixed medium storage, subject to the provisions and limitations expressed elsewhere in this Agreement. |
| 3.1. | The copyright of the 3D shapes, texture image data, pose data and rendering image data included in this product belong to the data creator and e-frontier. e-frontier is the sole and exclusive copyright owner of distribution, publication and public transmission of data, except wherein it has licensed Mirye Software to distribute, publish and transmit the English version of this product. |
| 3.2. | In the event that you incorporate this Product into image data as under section 2.3 and under conversion specifications in 2.4, portions of your work may be subject to third party copyright claims. You need to contact the appropriate third party to get permission to use their copyrighted works. |
| 3.3. | e-frontier created the 3D figure data with Shade format included in this product which is based on the images and original character of Crypton Future Media, Inc (hereafter,CFM) Megurine Luka that CFM has copyrights and trademarks. Please read the End User License Agreement regarding Megurine Luka herein as to the relationship between CFM and you in regard to the use of 3D figure data of Megurine Luka related to this product. |
| 4.1. | e-frontier or its representatives can terminate this agreement at any time for any material breach of its terms. |
| 4.2. | You can terminate this agreement if you delete this product and all the data created with this product, and notify e-frontier of your intent to terminate. |
| 4.3. | If this agreement is terminated, you lose any and all rights to use this product. |
| 4.4. | You agree that if this agreement is terminated, that you have no right to any refund of any fee paid for licensing this product. |
| 4.5. | This product is provided “as is”. E Frontier, its suppliers and partners make no warranty including any warranty of merchantability, errors or compatibility for any specific purpose. |
| 4.6. | E Frontier, its suppliers and partners make no warranty against any or all losses, real or consequential for your use or inability to use this product. |
| 4.7. | e-frontier shall compensate a customer for direct losses incurred only due to intent or negligence of e-frontier regarding this product./td> |
| CFM and customer who purchased this product enter into the following End User License Agreement (hereafter, CFM Agreement). | |
| 1. License of Use | Customer may express 3D figure data of [Megurine Luka] freely within legitimate range of use and post it as his work subject to keeping CFM Agreement. You may use the 3D figure data of Megurine Luka expressly and exclusively under the terms of this Agreement. |
| 2. Required Copyright Notice | Customer must show the following credit in a legitimate and explicit way when he publishes rendering image data(2D image data) and picture image data that is accumulation of rendering image data (hereafter, [Luca Data]) with the following text:
Megurine Luka ©, 2009 Crypton Future Media, Inc. www.crypton.net
|
| 3. Usage | Customer must get written permission from CFM prior to any other use of Luka Data not expressly granted under this agreement. Additional license fees may apply depending on the purpose or use. Examples in which written permission is required includes: (1) When used for commercial usage, with or without charge. ( including but not limited to advertisement, publicity, public relations activities); (2) When used to gain any monetary recompense or value, even in the case of non-profit usage; (3) When you grant third party usage to use Luka Data as under provisions (1) and (2); In the event you use a video sharing site run by third parties, the provisions of this section (3) do not apply as a sub-license for purposes of requiring advanced permission. |
| 4. Prohibited Uses | The following uses are expressly prohibited when you use this product, including publishing image/picture data: (1) Against public order and morality or in combination with music against public order and morality, including obscene, sexual or profane definitions under applicable laws of the United States; (2) purposed in order to defame or insult the creator or publisher of Megurine Luka, the creator of data included in this product or any third party. (3)transfer copyrights of rendering image data (2D image data) and picture image data that is accumulation of rendering image data created with this product to third party. |
| 5. Limited Liability | 1. This agreement is automatically and immediately terminated when customer violates this agreement. CFM keeps a right to claim for damage or to take other legal actions against the customer. 2. CFM can terminate this agreement at any time by notifying a customer despite the provision in the above section 1. 3. Customer shall destroy, erase and uninstall this product, all of works and their duplicates created with this product when this agreement is terminated as provided by the above two sections. Customer can terminate this agreement by destroying, erasing and uninstalling this product, all of works and their duplicates created with this product despite the provisions of the above two sections; however, customer is still liable for any violations of this agreement. |
| 6. Termination | 1. This agreement is automatically and immediately terminated when customer violates this agreement. CFM keeps a right to claim for damage or to take other legal actions against the customer. 2. CFM can terminate this agreement at any time by notifying a customer despite the provision in the above section 1. 3. Customer shall destroy, erase and uninstall this product, all of works and their duplicates created with this product when this agreement is terminated as provided by the above two sections. Customer can terminate this agreement by destroying, erasing and uninstalling this product, all of works and their duplicates created with this product despite the provisions of the above two sections; however, customer is still liable for any violations of this agreement. |
| 7. Governing Law | 1. This agreement is governed under the laws of the country of Japan. 2. If any portion of this agreement is found to be in violation of applicable law, only the portion in violation of this agreement shall be void. The portion shall be amended to the minimal modification required to comply with the applicable law. |
| 8. Jurisdiction | All disputes regarding this agreement shall be remanded to Tokyo District Court as the exclusive jurisdiction over any disagreement regarding this Agreement. |
| 9. Other | When customer uses synthetic sound created with the CFM product VOCALOID 2 character vocal series 03MEGURINE LUKA to express image/picture image with this product, he shall comply with the End Customer License Agreement of the product. |
| Megurine Luka is a trademark of Crypton Future Media, Inc. Crypton Future Media, Inc FAX : 011-222-0707 / email : This e-mail address is being protected from spambots. You need JavaScript enabled to view it |
|
You agree to read all documentation of the Product; You and E Frontier agree that the material steps provided in the documentation do not represent the limits or sole means by which you can work with the Product.
You agree to register this product through the Mirye Software website. If you were provided with a serial number, you agree to keep the serial number safe and inaccessible from any network. For matters related to support, E Frontier or its official representative may be unable to provide you with legal or technical advice for using the Product with any third party product, as under section 3.2
This product is subject to the Shade Data Megurine Luka End User License Agreement. If you would like additional rights, please contact E Frontier or the official representative of E Frontier for more information.
e-frontier, Inc 162-0806 Kagurazaka building, Enoki-cho 43-1, Shinjuku, Tokyo Japan
Tel : 03-5206-1126 (Japanese Language Version Only)
http://www.e-frontier.co.jp/
Mirye Software 6107 SW Murray Blvd #151, Beaverton, OR 97008, USA
Tel: 503-520-0191 (English Language Version)
http://www.mirye.net