Terms of Use : "BuddyRadar PlaceEngine for Skype"

"BuddyRadar PlaceEngine for Skype" (the "Software") is made available by download from Koozyt, Inc. ("Koozyt"). You may make use of the software provided that you comply with the "BuddyRadar PlaceEngine for Skype" Terms of Use ("the Agreement") described herebelow. If you do not agree to such terms, you will not be able to use the Software.

1. This Agreement

This Agreement, and any new versions, between Koozyt and You, covers all Your use of the Software. Users of the Software (the "Users") shall comply with the terms of the Agreement in good faith. You acknowledge and agree that by accepting this Agreement, you are entering into a legally binding contract with Koozyt.

2. Term of Use

2.1 This Agreement allows you to use the Software for your personal use on a single computer product.

2.2 The Software is made available at free-of-charge, and for use only in Japan. Koozyt, in its sole discretion, reserves the right to define the specification, features and functions of the Software.

2.3. The Software comprises nothing more than the "BuddyRadar PlaceEngine for Skype" software that is made available for download by accepting this Agreement. It does not supply users with any other software or additional features. Platforms that support the Software are defined on Koozyt’s website.

2.4. Users shall prepare all equipment which deem to be necessary for the use of the Software at their own cost and responsibility, inclusive of Wi-Fi capability.

3. New versions

Koozyt, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates to the Software. Furthermore, Koozyt reserves the right to change this agreement at any time by publishing the revised Agreement on the Koozyt Website. Your continued use of the Software after expiry of the notice period shall constitute your acceptance to be bound by the terms and conditions of the revised Agreement.

4. Terms

Koozyt reserves the right to terminate the use of the Software, by publishing written notice of such election to Users on the Webpage or other appropriate means as decided by Koozyt, without any liability.

5. IP Rights

5.1 Any and all IP rights in the Software, including but not limited to, patents, pending patent applications, designs, trademarks, copyright and related rights, and knowhow are and shall remain the exclusive property of Koozyt and/or its licensors.

5.2 You will need to use services owned and controlled by third parties ("Third Party Software") in order to use the Software. You acknowledge and agree that any such Third Party Software falls under the scope of this Agreement. Any and all other Third Party Software will be subject to You explicitly accepting a license agreement with that third party.

6. Restrictions

You are EXPRESSLY PROHIBITED from the following actions, when using the Software:

1) Copying, modifying, altering, adapting, porting or merging in any matter, the Software or any portion thereof.

2) Reverse engineering, decompiling, translating, disassembling, deciphering, decrypting, or otherwise attempting to discover the source code of the Software.

3) Sell, lease, redistribute, sub-license the right to use whole or any portion of the SOFTWARE to any third party in any manner.

4) Remove, alter, deface, overprint or otherwise obscure Licensor patent, trademark, service mark or copyright notices.

5) Invade privacy, infringe any intellectual property rights of the Company or of a third party, or would otherwise violate the rights of any third party.

6) Use the Software in any manner prohibited by any government agency or any laws.

7) Submit programs that contain viruses or any other programs designed to impair the functionality of any computer. Also, you may not deliberately submit incorrect information.

8) Submit or publish User Materials that include programs that contain viruses or any other programs designed to impair the functionality of Koozyt’s service or any third parties software.

9.)Engage in fraudulent, immoral or illegal activities.

10) Any other actions deemed to belong to the above actions 1 though 9.

7. Terms and termination of Third Party Software

You agree and accept that Third Party Software services may change or terminate without any prior notification or consent. Users acknowledge that Koozyt has no liability in connection with such change or termination of the Third Party Software services.

8. Termination

8.1. You may terminate this Agreement at any time by stop using the Software. Upon termination of this Agreement, you should destroy the Software and the Documentation and all the copies thereof and remove and delete the Software from your hard disk or other storage device.

8.2 Without prejudice to any other rights, Koozyt may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement.

8.3 Notwithstanding the above provision, Koozyt may, at its sole discretion, report to appropriate law-enforcement agencies for any fraudulent, abusive or otherwise illegal ectivities.

8.4 The provisions of Article 5, 7 through 11 of this Agreement shall survive the termination of this Agreement.

9. Limitation of Liability

9.1 The Software is provided "AS IS" and without warranty of any kind. Koozyt does not warrant You regarding the use or the results of the use of the Software in terms of its correctness, accuracy, reliability, or otherwise.

9.2 Should the Software prove defective, You (and not Koozyt) assume the entire cost of all necessary servicing, repair or correction.

9.3 You will defend and hold Koozyt harmless from against all liabilities, demands, damages, costs, expense and losses arising out of the use of the Software and/or breach of any of the provisions of this Agreement by you.

10. Severability

If any part of this Agreement is held invalid or unenforceable, the other parts will remain valid to the extent as permissible by law.

11. Governing Law

This Agreement shall be construed, governed, interpreted and applied in accordance with the laws of Japan.

12. Jurisdiction

12.1 You hereby agree that any and all disputes that arise out of or relate in any way to this Agreement shall be resolved through good faith negotiations between the parties.

12.2 All controversies and disputes arising out of or relating to this Agreement shall be submitted to the Tokyo District Court in Tokyo.