Terms and Conditions of the Sale of Spectrum Data of Toray Research Center, Inc.

These terms and conditions (the “Terms and Conditions”) define the policy of the sale of the spectrum data (the “Data”) to be provided by Toray Research Center Co., Ltd. (“TRC”) on this website (the "Sale"). Any user of the Data (the "User") shall consent to and comply with the Terms and Conditions prior to start using the Data.

Article 1 (Scope)

1. The Terms and Conditions shall apply to any use of the Data.
2. If the User and TRC separately reach agreement on any special conditions, they shall be a part of the Terms and Conditions. In case of discrepancy between the Terms and Conditions and special conditions, the Terms and Conditions shall prevail unless otherwise agreed between the parties.
3. All intellectual property rights of the Data exclusively belong to TRC.
4. In consideration of the usage fee and subject to Terms and Conditions, TRC grants to the User a limited, non-exclusive and non-transferable right to use the Data (in executable form only).

Article 2 (Usage)

1. The User is allowed to use the Data as long as the User consents to and comply with the Terms and Conditions.
2. The User is allowed to start using the Data only when the User’s order is accepted by TRC. The User shall use TRC’s preformat to make his/her order.
3. The User can freely use the Data for the purposes of presentations, education, and/or research at academic conferences, lectures, seminars, etc. However, if the User altered any part of the Data, TRC cannot provide any support or maintenance service.
4. TRC may ask the User to cease using the Data when the User
   1. provides or has provided any false or incorrect information to TRC;
   2. violates or has violated the Terms and Conditions; or
   3. uses or has used the Data inappropriately or seems using inappropriately.
5. The User cannot sell, give, grant license or otherwise transfer its right to use the Data to any third party without TRC’s prior written consent.

Article 3 (Fees and payment method)

1. The User shall pay the usage fees indicated on this website fixed by TRC as a consideration of using the Data.
2. The payment method is separately specified by TRC.
3. The User shall notify TRC of any delay of payment in advance and as soon as possible. If so, the parties shall discuss and decide what to do.
4. The User agrees that all paid usage fees are not refundable for whatever reason and in any case.
5. In case of any violation of the Terms and Conditions, the User shall indemnify any damage or loss caused to TRC.

Article 4 (Abstention)

During the usage of the Data, the User agrees to abstain from doing the following acts:

Article 5 (Cease of service)

The User agrees that TRC is entitled to suspend all or part of the Sale without prior notice and indemnification to the User for the following cases:

1. violation of any Terms and Conditions;
2. maintenance and update of the computer system related to the Data and/or the Sale;
3. force majeure such as an earthquake, lightning, fire, power failure, or natural disaster;
4. incidental suspension of the network and/or communication line;
5. other cases where TRC judges difficult to continue to provide the Data.

Article 6 (Disclaimer; No Warranty)

1. TRC does not explicitly or implicitly represent or warrant the Data and/or the Sale free from any de facto or legal flaw with respect to its security, reliability, accuracy, completeness, validity, conformity with particular purposes, such as lack of security, errors, bugs, infringement, etc.
2. TRC shall not be liable for any damage caused to the User by the Sale or the Data.
3. If the disclaimer is prevailed by the Consumer Contract Law to protect a consumer protected by the Law, TRC is liable for any ordinary damages caused to the User due to TRC's negligence or the tort but cannot be liable for any special damages.
4. Even if TRC shall indemnify the User with respect to this Sale for any reasons, the total indemnification is limited to the total amount TRC has received from the User for the Sale.
5. TRC shall not be responsible for any transactions, communications, or disputes that may arise between the User and any third party in connection with the Sale.

Article 7 (Data Update)

TRC may change or update the content of the Data or the Sale from time to time and/or discontinue to provide the Data without notifying the User but shall not be liable for any damage caused to the User.

Article 8 (Changes to the Terms and Conditions)

TRC may update or change these Terms and Conditions at any time without notifying the User if deemed necessary. In the event the usage of the Data commences after the amendment to these Terms and Conditions, the User shall be deemed to have agreed to the revised Terms and Conditions.

Article 9 (Handling of the Personal Information)

TRC shall appropriately handle personal information acquired from the User in relation to the Sale in accordance with TRC Privacy Policy. (https://www.toray-research.co.jp/en/common/privacy.html)

Article 10 (Notice)

1. The User agrees to communicate with TRC in the manner to be determined by TRC.
   Unless the User notifies TRC of any change in its contact information by the method specified by TRC separately, the User acknowledges that any TRC’s notice to the User to its currently registered contact information is valid.
2. The User may not assign or pledge as security any of its rights or obligations under the Sale and/or the Terms without the prior written consent of TRC.

Article 11 (Governing Law and Jurisdiction)

1. The Sale and the Terms and Conditions shall be governed by the laws of Japan.
2. In the event of any dispute arises between the User and TRC in connection with the Sale or the Data, the Tokyo District Court shall be the agreed exclusive jurisdictional court of the first instance.