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Article 1. Learner

The Learners who are eligible to use SHIMANAVI are limited to individuals who have consented to these Terms and created a Learner Registration (defined below) in accordance with the method designated by Shima Seiki.

Article 2. Operating Environment for SHIMANAVI

1. In order to use SHIMANAVI, the Learner needs to establish a connection to the server designated by Shima Seiki (the “Server”) via the Internet.

2. With respect to the use of SHIMANAVI, the Learner shall create a Learner Registration and obtain an ID (the “User ID”) and password (the “Password”). Under the services of SHIMANAVI, the Learner will be administered through his/her User ID.

3. Any responsibility and risk relating to the use of SHIMANAVI by the Learner shall be borne by the Learner. 

4. The Learner shall, at his/her responsibility and cost, install and set up equipment, establish a telecommunication environment and pay expenses as may be necessary for the use of SHIMANAVI, including preparation of telecommunication equipment, establishment of a telecommunication environment, contracting with an Internet service provider, paying the fees of such provider, telephone bill and telecommunication expenses, irrespective of what such items are called.

If the operating environment and data speed conditions recommended by Shima Seiki are not satisfied, there may be a problem in playing movies. The status of operation should be checked at the time of receiving training.

5. Shima Seiki will not accept any claim for compensation concerning any damage suffered or expenses incurred by the Learner due to the inability to use the Server or establish a connection thereto, unless expressly stipulated in these Terms.

6. When the Learner uses SHIMANAVI, update programs or data used for optimizing or updating the Learner’s client system may be automatically downloaded from the Server.

Article 3. Registration of Information

1. In order to obtain the User ID and perform other necessary procedures, the Learner is requested to provide and register the information designated by Shima Seiki (including personal information, such as an email address) in a method designated by Shima Seiki (the “Learner Registration”).

2. For the purpose of the Learner Registration stipulated in Paragraph 1 above, the Learner is requested to provide and register an email address that is obtained in the Learner’s own name and that is accessible at any time so that the Learner can receive notices and communications from Shima Seiki. With respect to any notice or communication sent by Shima Seiki, two business days following the sending date thereof, the Learner will not be able to claim a lack of knowledge with respect to such notice or communication.

3. Shima Seiki will use the information provided by the Learner only within the following scope of use: 

3.1 activities for providing SHIMANAVI and related websites, sending information concerning the foregoing (including advertisement, email newsletters and the like of Shima Seiki or a third party) and handling and processing questionnaires and the like; and

3.2 investigations and actions that may be conducted to secure any right of Shima Seiki.

4. Shima Seiki will not disclose or provide any information provided by the Learner to any third party without its prior consent except for the events expressly stipulated in these Terms or the following events:

4.1 Shima Seiki is required by laws and regulations to disclose the information;

4.2 A person with the relevant statutory authority demands the disclosure of the information;

4.3 Disclosure is inevitable in order to protect or recover the right of Shima Seiki or a third party from impending or unauthorized infringement; or

4.4 Shima Seiki considers it necessary to disclose the information to a third party for its business reasons.

5. In addition to the provisions of the preceding paragraphs, Shima Seiki will handle the personal information of the Learner in accordance with the SHIMA SEIKI Privacy Policy stipulated by Shima Seiki (https://www.shimaseiki.com/privacy/).

Article 4. User ID and Password

1. Shima Seiki will grant a User ID and a Password to the Learner at its discretion. The Learner understands that a User ID or a Password may not always be granted depending on the decision of Shima Seiki.

2. The Learner is requested to not allow any third party to use the User ID and the Password issued to the Learner. The Learner shall bear any and all responsibility for using and managing the User ID and the Password so that they are protected from being used by any third party.

3. Shima Seiki will not bear any responsibility for any loss or damage that the Learner may suffer due to the use of his/her User ID or Password by a third party, as described in Paragraph 2.

4. The use of SHIMANAVI with the User ID and the Password managed by the Learner and any consequence thereof shall be at the Learner’s responsibility, and Shima Seiki will not bear any responsibility therefor.

Article 5. Amendment of Information in the Learner Registration

1. If it becomes necessary to amend the information provided at the time of the Learner Registration, the Learner is requested to apply for such amendment via the “edit profile” screen on SHIMANAVI. If the Learner is found to be using SHIMANAVI without making such application for amendment, Shima Seiki will be entitled to terminate the Learner’s license to use SHIMANAVI granted under these Terms without regard to the reason for such failure. Shima Seiki will not bear any responsibility even if the Learner suffers any damage due to applying for amendment of information in the Learner Registration or failure to apply for amendment thereof. Meanwhile, if any damage occurs to Shima Seiki in connection with any amendment to the information in the Learner Registration, the Learner shall agree to indemnify Shima Seiki for such damage.

2. Even when the Learner applies to amend the information in its Learner Registration, Shima Seiki may, at its decision, refuse to amend such information in the Learner Registration. Shima Seiki will not bear any responsibility even if the Learner suffers any damage due to Shima Seiki’s refusal of the Learner’s application to amend the information in the Learner Registration.

Article 6. License to Use SHIMANAVI

1. Shima Seiki will grant the Learner a non-exclusive license to select courses provided on SHIMANAVI (the “Contents”) and receive the trainings therein in accordance with the provisions of these Terms. The license includes the right to use the support services that are provided in connection with receiving the trainings in the Contents. 

2. Shima Seiki may provide the Contents in a manner in which they can be viewed, printed, downloaded and output in PDF form. 

3. The Learner may use the Contents only for training regarding Shima Seiki’s products. The Learner is granted no license to use the Contents for any purpose other than the foregoing.

4. The Learner is granted no license to resell, distribute, transfer or sublease any data, duplication, including hardcopy, or any other item of the Contents to any third party without obtaining the approval therefor, or to save, duplicate or disclose them for the purpose of resale, distribution, transfer or sublease without obtaining the approval therefor.

Article 7. Handling of Unauthorized Use of the Contents

1. Any use or the like of the Contents that is in breach of these Terms will constitute an unauthorized use even if it is not intentional. In the event of any unauthorized use by the Learner, a person related thereto, or a third party, the Learner shall cooperate in investigation and resolution of the situation or incident as requested by Shima Seiki.

2. In the event of any unauthorized use arising from insufficient management by the Learner in the course of his/her business, the Learner shall investigate the situation as requested by Shima Seiki, and also collect and dispose of, at the cost of the Learner, hardcopies, articles, goods or the like produced through the unauthorized use of the Contents.

3. If any unauthorized use of the Contents by the Learner that is in breach of these Terms is found, the Learner shall bear responsibility therefor, and agree to indemnify Shima Seiki for its damage and take measures to resolve any dispute that may arise from the unauthorized use. If Shima Seiki suffers any damage due to the unauthorized use, the Learner shall compensate Shima Seiki for the damage. In addition to the foregoing compensation, Shima Seiki may also demand the Learner to reimburse the expenses incurred for resolution of the dispute (including reasonable attorney fees).

Article 8. Disclaimer and No Guarantee

1. The services provided on SHIMANAVI are highly dependent on each individual telecommunication environment and equipment environment, and are not available under all environments. Accordingly, Shima Seiki does not guarantee that SHIMANAVI can be used under any environment of the Learner, and will not bear any responsibility for any loss or damage arising therefrom.

2. In the event where the Learner sets his/her browser to refuse cookies, Shima Seiki will not bear any responsibility, even if the Learner cannot use SHIMANAVI, or any loss or damage arises from difficulties in using SHIMANAVI.

3. Shima Seiki will not bear any responsibility to the Learner or any third party for any problem that may arise in connection with the use of SHIMANAVI. Further, the Learner shall understand in advance that as long as Shima Seiki can reasonably provide the Learner with the services of SHIMANAVI at the relevant time, Shima Seiki will not provide any indemnification with respect to SHIMANAVI.

4. Shima Seiki may suspend the provision of services of SHIMANAVI without any prior notice due to periodical or emergency maintenance, natural disaster or other reasons. Shima Seiki will not bear any responsibility for any damage that the Learner may suffer due to such suspension.

5. Shima Seiki manages the security of the system for SHIMANAVI with utmost care. However, even if the Learner suffers any damage due to unauthorized access to Shima Seiki’s system by a third party, or for other reasons, Shima Seiki will not bear any responsibility therefor.

6. Shima Seiki will not bear any responsibility for the contents of third party websites that are accessible via hyperlinks on SHIMANAVI, or for any damage that may arise from the use of such websites.

7. Any particulars of SHIMANAVI and the Contents may be modified without any prior notice.

8. SHIMANAVI and the Contents are managed with utmost care to protect against computer viruses or defects, but this does not guarantee that SHIMANAVI and the Contents are free from any computer virus or defect. Shima Seiki will not bear any responsibility even if the Learner suffers any damage due to any computer virus that may occur in using SHIMANAVI or the data of the Contents or any defect otherwise arising.

Article 9. Intellectual Property Right

1. The copyright, moral right, portrait right of the depicted subjects in the Contents, trademark right, patent right, design right, and any other right relating to SHIMANAVI and the Contents (the “Related Rights”) shall belong to Shima Seiki or the relevant owner of such right, such as the relevant author or patent holder. The Learner will not acquire any such right (except for the license granted under Article 6 of these Terms). The Learner shall understand that the Contents provided by Shima Seiki are protected by the Copyright Act and/or other laws and regulations, and shall abide by these Terms, laws and regulations relating to copyright and the like and other applicable laws and regulations in using the Contents. 

2. The fee for SHIMANAVI stipulated in Article 13 below does not include any consideration for acquiring or using the Related Rights, except for the license granted under Article 6 of these Terms.

Article 10. Damages

If the Learner infringes any right or interest of Shima Seiki in using SHIMANAVI, Shima Seiki may claim damages against the Learner.

Article 11. Support

1. The language for notices, communications and provisions of support made by Shima Seiki to the Learner in connection with SHIMANAVI shall be Japanese, English or Chinese.

2. For any communication or inquiry from the Learner to Shima Seiki concerning SHIMANAVI, the inquiry form provided on the webpage of the following URL shall be used: 

URL: https://www.shimaseiki.com/inquiry/general/

Any communication or inquiry via other means (including telephone or personal visit) is not acceptable.

Article 12. Training Period

1. Starting from the date of the Learner Registration, the Learner may select courses in the Contents provided on SHIMANAVI as he/she desires and receive the training therein. The period during which the Contents selected by the Learner is available for training (the “Training Period”) shall be stipulated in the course guide of each training course selected by the Learner. 

2. Without regard to whether or not the Learner actually received the training, the Training Period shall expire upon expiration of the Training Period stipulated in the course guide of the Contents to receive training selected by the Learner, and thereafter the Learner cannot receive the training in such Contents. However, if the Learner selects such Contents again and pays the prescribed SHIMANAVI Fee (defined below), he/she may receive such training in the Contents again. Even after the expiration of the Training Period for the Contents selected by the Learner, the Learner Registration and account of the Learner will be maintained and the Learner may select the Contents provided on SHIMANAVI and receive training therein.

3. If the Learner desires that his/her Learner Registration be deleted, the Learner is requested to make a request therefor by using the inquiry form provided on the webpage of the following URL: 

URL: https://www.shimaseiki.com/inquiry/general/

Article 13. Payment of Fee

1. For the use of SHIMANAVI, upon selecting the desired Contents to receive training, the Learner shall pay the fee for such Contents as designated by Shima Seiki (the “SHIMANAVI Fee”) in accordance with the provisions of Paragraph 2 below.

2. The Learner is requested to remit the SHIMANAVI Fee to the bank account designated by Shima Seiki by the date designated in Shima Seiki’s invoice. If the Learner fails to pay the SHIMANAVI Fee by the designated date, delinquency charges shall additionally be paid at the rate of 0.02% per day from the due date to the completion of payment.

3. Upon selecting the desired Contents to receive training, the Learner will be obliged to pay the SHIMANAVI Fee for such Contents without regard to whether or not he/she actually receives the training in such Contents. In all cases except for the cases in Article 17 below, the Learner will not be released from the obligation to pay the SHIMANAVI Fee that has accrued, and Shima Seiki will not agree to refund the SHIMANAVI Fee that the Learner has paid.

Article 14. Termination of License

1. Shima Seiki may terminate the license to use SHIMANAVI under these Terms if the Learner is found to fall under any of the following or breaches any other terms herein:

1.1 The Learner provided false information when creating a Learner Registration;

1.2 The Learner misappropriated any User ID or Password of a third party in using SHIMANAVI;

1.3 The Learner assigned, loaned or otherwise disclosed its User ID and/or Password to a third party and thereby allowed such party to use SHIMANAVI;

1.4 The Learner failed to pay the SHIMANAVI Fee by the designated due date;

1.5 A petition for commencement of bankruptcy proceedings or civil rehabilitation proceedings is filed by or against the Learner;

1.6 The Learner caused any harm to the intellectual property right, copyright, portrait right, privacy right or other right or interest relating to SHIMANAVI or the Contents;

1.7 The Learner intentionally disturbed SHIMANAVI or the equipment of Shima Seiki, such as through hacking thereof;

1.8 The Learner performed any decompiling, falsification, modification or reverse-engineering of SHIMANAVI;

1.9 The Learner established a connection to the Server by using an unauthorized connection method for any unjustifiable purposes, such as circumvention of any prohibited act;

1.10 The Learner intentionally altered any particulars, process, composition or the like of SHIMANAVI, such as altering the original operation of SHIMANAVI;

1.11 Whether or not during the use of SHIMANAVI, the Learner used toward another Learner or a third party any program or data that enables a fraudulent act, or distributed (including making it transmittable) or recommended such program or data to another Learner or a third party;

1.12 The Learner accessed, without authorization, any equipment of others or special equipment for SHIMANAVI (meaning the telecommunication equipment, telecommunication line, computers and any other devices and software prepared by Shima Seiki for providing SHIMANAVI) or disturbed the use or management thereof;

1.13 The Learner bypassed, disabled or otherwise disturbed the functions relating to website security including the functions designed to prevent, restrict or limit use or duplication of the Contents;

1.14 The Learner impersonated an employee of Shima Seiki or its affiliate or contractor, or any other related person;

1.15 The Learner sent a computer virus, sent data in an excessive volume or did anything that may otherwise cause an excessive load on the Server, or disturbed any other Learner from using SHIMANAVI;

1.16 The Learner slandered any particulars or management of SHIMANAVI;

1.17 The Learner did anything that disturbs or is likely to disturb the management of SHIMANAVI; 

1.18 The Learner used the Contents for slandering others, any purpose that conflicts with public order and morality, such as sex-related business, or any unlawful purpose;

1.19 The Learner turned out to be an anti-social force (meaning any organized crime group (boryokudan), any member or quasi-member of boryokudan, any corporation related to boryokudan, professional troublemaker at stockholders' meetings (sokaiya) or any other group or individual that seeks economic profit by using violence, force or fraudulent method);

1.20 The Learner saved the Contents, without any permission, on a server that can be accessed from more than one terminal device, such as on the Internet or any intranet;

1.21 The Learner assigned, transferred or pledged any right, status or interest relating to the use of SHIMANAVI to or for any third party;

1.22 Besides the foregoing, the Learner did anything that Shima Seiki determines to be inappropriate in view of the purposes of SHIMANAVI; or

1.23 The Learner did anything for the solicitation for or facilitation of any act relating to the foregoing, or anything in preparation therefor.

2. If the license to use SHIMANAVI is terminated by Shima Seiki pursuant to Paragraph 1 above, the Learner can no longer use SHIMANAVI or the Contents from the date of termination.

3. Shima Seiki will not bear any responsibility even if the Learner suffers any damage due to Shima Seiki’s termination of the license to use SHIMANAVI.

Article 15. Amendment of these Terms of Use

1. In the following events, Shima Seiki is entitled to amend these Terms at its discretion, and in such case, Shima Seiki will set the effective date of the amendment, and give prior notice to the Learner about the decision to amend these Terms, details of the amended Terms and the effective date of the amendment:

1.1 An amendment of these Terms conforms to the general interest of the Learner; or

1.2 An amendment of these Terms does not conflict with the purpose of implementing these Terms and is reasonable in view of the necessity for amendment, appropriateness of the amended terms, details of amendment or other circumstances relating to the amendment.

2. Upon use of SHIMANAVI by the Learner after the effective date of the amended Terms, the Learner shall be deemed to have consented to the amendment of these Terms.

Article 16. Confidentiality

The Learner shall maintain the confidentiality of any business, technical or other information of Shima Seiki that he/she may obtain through the use of SHIMANAVI under these Terms (except for any publicly known information), and shall not disclose to any third party or publicly announce any such information.

Article 17. Discontinuation of the Provision of Services 

1. Shima Seiki may, at its convenience, discontinue the provision of SHIMANAVI as a whole, or the Contents in whole or in part, with respect to all Learners without obtaining consent from the Learners (such discontinuation does not include the suspension of the provision of SHIMANAVI set forth in Article 8, Paragraph 4). In such case, Shima Seiki will report to the Learners as promptly as possible.

2. In the event where Shima Seiki discontinues the provision of SHIMANAVI or the Contents as stipulated in Paragraph 1 above, Shima Seiki will refund to the Learner who is then using the Contents the amount calculated by multiplying (i) the SHIMANAVI Fee for the relevant Contents by (ii) the ratio of (a) the actual number of days remaining between the discontinuation date and the end of the Training Period of such Contents to (b) the actual number of days in the entire Training Period.

3. Except for agreeing to a refund of the SHIMANAVI Fee as stipulated in Paragraph 2 above, Shima Seiki will not bear any responsibility even if the Learner suffers any damage due to the discontinuation of the provision of SHIMANAVI or the Contents as stipulated in Paragraph 1.

Article 18. Consequence of Termination of the License

In the event where the license to use SHIMANAVI under these Terms is terminated, the Learner shall delete any and all data of the Contents and the information obtained from the use of SHIMANAVI from the media recording such data and information, and destroy such media.

Article 19. Survival

1. With respect to a Learner who deleted his/her Learner Registration for SHIMANAVI by himself/herself, these Terms shall terminate upon deletion of the Learner Registration, and with respect to a Learner whose license to use SHIMANAVI is terminated by Shima Seiki, these Terms shall terminate upon termination of the license. Further, these Terms shall terminate if Shima Seiki discontinues the provision of any and all services relating to SHIMANAVI for whatever reason.

2. Notwithstanding the provisions of Paragraph 1 above, the provisions of Articles 7, 8, 9, 10, and 16, and 18 through 20 shall survive any termination of these Terms.

Article 20. Governing Law and Dispute Resolution

1. These Terms, including their formulation, effectiveness, construction and performance, shall be governed by the laws and regulations of Japan in all aspects, and any matter that is not stipulated in these Terms shall be in accordance with the provisions of the Copyright Act, Civil Code, Commercial Code and other applicable laws and regulations.

2. Even if any part of these Terms is held invalid because of mandatory provisions of consumer protection laws and regulations or other mandatory provisions, the remaining part hereof shall remain effective to the maximum extent not conflicting with such provisions.

3. The Wakayama District Court or the Wakayama Summary Court of Japan shall have the exclusive jurisdiction as the court of first instance with respect to any dispute between the Learner and Shima Seiki relating to these Terms and the use of SHIMANAVI.