Software End-User License Agreement

Last updated: 2023-01-01

This End-User License Agreement (“Agreement”) governs the download and use of software published by LP-Research Inc., including LPVR-CAD, LPVR-DUO, LPVR-AIR, and LPMS-Control. Please read it carefully before downloading or using any LP-Research software product.

1. Definitions

For the purposes of this Agreement, the following terms have the meanings given below, in singular and plural alike:

  • “Agreement” - this End-User License Agreement, which constitutes the entire agreement between You and the Company regarding the Application.
  • “Application” - any LP-Research software program, such as LPVR-CAD, LPVR-DUO, LPVR-AIR, or LPMS-Control, provided by the Company through download, email, or other digital means.
  • “Company” (also “we”, “us”, or “our”) - LP-Research Inc., based in Tokyo, Japan.
  • “Content” - any information or material that You upload, link to, or make available through the Application.
  • “Country” - Japan and the United States of America.
  • “Device” - any device capable of running the Application, such as a computer, mobile phone, or tablet.
  • “Third-Party Services” - content, services, or products provided by third parties that may be included in or accessible via the Application.
  • “You” - the individual using the Application, or the entity on whose behalf that individual is acting.

2. Acceptance

By downloading or using the Application, You agree to be bound by this Agreement. If You do not agree, do not download, install, or use the Application.

This Agreement is a binding legal agreement between You and the Company. The Application is licensed to You, not sold.

3. Purchases through partners

This Agreement applies equally to LP-Research software distributed or bundled through our official partner Xikaku Inc. (xikaku.com). By installing or using an Application obtained through Xikaku, You accept the same license terms as if the software had been acquired directly from LP-Research.

4. License

Scope. The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application strictly in accordance with this Agreement for personal, non-commercial purposes.

Restrictions. You agree not to, and will not permit others to, remove, obscure, or alter any proprietary notices (including copyright and trademark notices) on the Application or any part of it.

5. Intellectual property

All intellectual property rights in the Application, including copyrights, trademarks, patents, and trade secrets, remain the exclusive property of the Company.

Unless required by applicable law, the Company is not obligated to indemnify or defend You against claims that the Application infringes third-party intellectual property rights.

6. Modifications and updates

The Company may modify, suspend, or discontinue the Application or any associated service at any time, without notice or liability.

The Company may provide updates, patches, or enhancements to the Application. Updates may add, modify, or remove features; they are part of the Application and governed by this Agreement. The Company is not obligated to provide updates or to maintain any particular feature.

7. Maintenance and support

The Company provides no express maintenance or support services. Where the law requires support, the Company will fulfill its statutory obligations.

8. Term and termination

This Agreement remains in effect until terminated by You or the Company. The Company may terminate it at any time and without notice if You breach any of its provisions.

Upon termination, You must stop using the Application and delete all copies from Your Devices.

9. Indemnification

You agree to indemnify and hold harmless the Company and its affiliates, officers, employees, and partners from any claim arising from Your use of the Application, Your breach of this Agreement, or Your violation of any law or third-party right.

10. No warranties

The Application is provided “as is” and “as available”, without warranties of any kind. To the maximum extent permitted by law, the Company disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

The Company does not guarantee that the Application will operate without errors, be compatible with every system, or be free of harmful components.

11. Limitation of liability

To the extent permitted by law, the Company’s total liability under this Agreement shall not exceed the amount You paid for the Application.

Under no circumstances shall the Company be liable for indirect, incidental, or consequential damages, including lost profits, loss of data, or business interruption, even if advised of the possibility of such damages.

12. Severability and waiver

If any provision of this Agreement is found unenforceable, it will be modified to best accomplish its original intent, and all other provisions remain in full force.

A failure to enforce any right under this Agreement is not a waiver of the future enforcement of that or any other right.

13. Product claims

Product-related claims or disputes arising from Your use of the Application are the responsibility of the Company, including product liability and compliance with applicable laws.

14. United States legal compliance

You confirm that You are not located in a country subject to a U.S. government embargo and that You are not listed on any U.S. government list of prohibited or restricted parties.

15. Changes to this Agreement

The Company may amend this Agreement at any time. Material changes will be announced at least 30 days before they take effect. Continued use of the Application after a change takes effect constitutes acceptance of the updated terms.

16. Governing law

This Agreement is governed by the laws of Japan and the United States, without regard to conflict-of-law principles. Your use of the Application may also be subject to other local, state, or international laws.

17. Entire agreement

This Agreement is the entire agreement between You and the Company regarding the Application and supersedes all prior agreements. Additional terms may apply when You use other services provided by the Company.

18. Contact

If You have any questions about this Agreement, contact us:

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