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Hitachi Logistics Planning Service Trial Agreement
This agreement provides Customer access and usage of proprietary software as a service. Hitachi Ltd. will provide this functionality on the salesforce.com service under the terms below.
BY ACCEPTING THIS AGREEMENT OR BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
Chapter 1. General Provisions
1 The Agreement
THIS AGREEMENT GOVERNS YOUR ACQUISITION AND USE OF OUR SERVICES.
2.1 "Service" means trial use of Hitachi Logistics Planning Service provided by us.
2.2 "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
2.3 "We," "Us" or "Our" means Hitachi Ltd. which provides the Service.
2.4 "You" or "Your" means, in the case of an individual accepting this Agreement on his or her own behalf, such individual, or in the case of an individual accepting this Agreement on behalf of a company or other legal entity, the company or other legal entity for which you are accepting this Agreement.
2.5 "Users" means Customer's employees, agents, contractors, service providers or consultants who are authorized by Customer to use the Service and who have been supplied user identifications and passwords by Customer or by Service at Customer's request.
2.6 "Agreement" means this Hitachi Logistics Planning Service Trial Agreement.
2.7 "Hitachi Logistics Planning Service" means our planning service which makes several transportation plan based on delivery demand provided by you.
2.8 "Customer Equipment" means Customer’s and its Affiliates’computer hardware, software and network infrastructure used to access the Service.
2.9 "Server" means a device which has a function to automatically publish the information stored in the portion for public transmission among the recording medium or inputted to the device by connecting to network infrastructure.
2.10 "Web page" means the content transmitted from the server to the electronic computer connected to the server through the network and displayed on the output device of the electronic computer.
Chapter 2. Conclusion the Agreement
3.1 BY ACCEPTING THIS AGREEMENT OR BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
3.2 THE SERVICE WILL BE DEACTIVATED AFTER 30 DAYS.
4.1 If You access the Service under the provisions of the preceding Article 3, the Agreement shall be established between You and Us.
4.2 Even after You access the Service, We may not accept Your application when :
(1) Including false contents, mistyping in Your application,
(2) Finding You do not exist,
(3) Notification from Us does not reach Your e-mail address,
(4) You conclude the Agreement with Us before applying, but You or We cancel or terminate the Agreement or the use of the Service due to the violation against the Agreement with reasons attributable to You,
(5) Using the Service for a purpose breaches laws or ordinances or offends public morals,
(6) Behaving in a manner that hinders, or is likely to hinder, operation of the Service.
5 Application for Change
5.1 You shall notify Us when your ID Information changed after you apply the Service under the provisions of the preceding Article 3.
5.2 We apply the provisions of the Article 24 if Your ID Information is changed
6.1 You shall notify cancellation to Us by the method prescribed by Us.
6.2 Your contract will be canceled when We accept the notification. Your data may be deleted.
7 Personal Information Protection
We protect Your personal information collected and provided by Salesforce.com or collected by Us directly as follows.
7.1 Name of Department
Hitachi, Ltd. Service Platform Business Division Group,
Digital Solution Strategy & Development Department.
7.2 Person in charge of Personal Information Protection
JR Shinagawa East Bldg., 2-18-1, Konan, Minato-ku, Tokyo, 108-8250 Japan
Director of Hitachi, Ltd. Service Platform Business Division Group, Digital Solution Strategy & Development Department.
7.3 "Personal information" means information about individuals, including Your name, address, telephone number, company name, e-mail address and other descriptions about them, or a number, symbol, code, image or sound assigned to them, that identifies the individuals (it shall also include the information that cannot identify individuals by itself, but can, as it easily can be verified with some other information.)
7.4 We use personal information only to achieve each purpose.
(1) Delivery of the Services.
(2) Contacts for business negotiations and meetings with You.
(3) Delivery of after-sales service on products, and sending of information on events and new products.
(4) Preventing use of the Service violated this Agreement.
(5) Analysis to improve the Service and develop new service and products.
(6) Preparing statistical data processed into an unidentifiable form.
(7) Analysis for marketing and other purpose.
7.5 We may provide personal information by sending e-mail to the following group company to achieve the purpose written in the provisions of the preceding Article 7.4. We will conclude a memorandum concerning the protection of personal information with provision destination and take appropriate measures so that Your personal information can be strictly managed.
・Hitachi Asia, Ltd. (Singapore)
・Hitachi India Pvt, Ltd. (India)
7.6 We will not provide the personal information with a third party without first obtaining consent of the person, except in the following cases:
(1) Cases in which the provision of personal information is based on laws
(2) Cases in which the provision of personal information is necessary for the protection of the life, body, or property of an individual and in which it is difficult to obtain the consent of the person
(3) Cases in which the provision of personal information is specially necessary for improving public hygiene or promoting the sound growth of children and in which it is difficult to obtain the consent of the person
(4) Cases in which the provision of personal information is necessary for cooperating with a state institution, a local public body, or an individual or entity entrusted by one in executing the operations prescribed by laws and in which obtaining the consent of the person might impede the execution of the operations concerned
7.7 You can request to disclose Your personal information. As the result of disclosure, You can request to correct, add, delete, stop usage, stop provision to a third party, or notify the purpose of usage of Your personal information (hereinafter referred to as "disclose and so on").
You shall contact Us by the procedures written in latter Artcle 7.10 when You request to disclose and so on.
7.8 Providing personal information to use the Service by registering Salesforce.com is mandatory. You are also required to agree upon the provisions in this Article 7, otherwise you may not use the Service.
Mean information exchanged one another between a web server that controls a web site and a web browser that a person uses. Cookies may be saved as files in the disk of a person's PC. If you use a cookie, the web server can track and record information about which pages in the web site the particular computer visits etc. However, we cannot identify the person unless he or she enters the personal information into the web site.
Mean technology that functions with a cookie to check how many times a person accesses a particular page. However, we cannot identify the person unless he or she enters the personal information when receiving cookies.
7.10 Contact address
JR Shinagawa East Bldg., 2-18-1, Konan, Minato-ku, Tokyo, 108-8250 Japan
Director of Hitachi, Ltd. Service Platform Business Division Group, Digital Solution Strategy & Development Department.
E-mail : email@example.com
If you submit us any inquiries or opinions, we would like you to carefully read and agree on the terms stipulated in this Article 7, otherwise please note that we may not answer the inquiry.
Regarding the inquiry, providing Your personal information is optional while We may not be able to accurately answer.
For Hitachi Group's Personal Information Protection, please visit http://www.hitachi.com/privacy-e/index.html
8 Confidential Information
8.1 "Confidential Information" shall mean all non-public, confidential or proprietary information marked or designated as confidential in connection with the Purpose. The Receiving Party shall not disclose Confidential Information to anyone without the Disclosing Party’s prior written consent. Confidential Information shall not include any information that:
(1) is in the Receiving Party’s possession at the time of disclosure by the Disclosing Party;
(2) is independently developed by the Receiving Party without use of Confidential Information;
(3) is or becomes known publicly, before or after disclosure, other than as a result of the Receiving Party’s improper action or failure to act; or
(4) is rightfully provided to the Receiving Party without any confidentiality obligations or other restrictions from a third party.
Chapter 3. The Service
9.1 We will make the Service available to You on a trial basis free of charge.
10 Management of the ID Information
10.1 We issue an ID and password (the "ID Information") to You in order to use the Service promptly after executing this Agreement between You and Us.
10.2 You shall use that ID Information only to use the Service, and shall manage that ID Information with the due care of a good manager so that it is not disclosed or divulged to a third party (including Your employees without authorization to use the Service; same below in this article).
10.3 You will bear all liability for the use and management of the ID Information.
10.4 If the ID Information is disclosed or divulged to a third party due to a reason attributable to You, and that third party uses the ID Information to use the Service, that use will be deemed to be use by You.
10.5 If You recognize theft of the ID Information or use by a third party, You shall immediately notify to Us and follow our instructions.
10.6 Even if damages arise in respect of you as a result of use by a third party as set out, We will not bear any liability.
Chapter 4. Detail of the Service
11 Intellectual Property
11.1 Copyright and other intellectual property rights offered by Us to You in this service shall belong to Us.
12 Improvement of the Service
12.1 We reserve the right to ask Your opinion to maintain, protect, create, develop and improve our service offerings and other Our products and services.
12.2 Copyright and other intellectual property rights on Your opinion of the preceding paragraph shall belong to Us.
12.3 We may use statistical and trend information derived from use of the Service to maintain, protect, create, develop and improve Our service offerings and other Our products and services.
12.4 We may change the contents of this service in whole or in part at any time without notifying You in advance.
Chapter 5. Your Duty
13 Your Expense
13.1 Upon Use of the Service You shall, at its own responsibility and expense, use Computer, Electrical communication Line and other necessary equipments that satisfy the conditions designated in the Service Specifications.
13.2 We may change the specification of equipment with change of the contents of the Service.
13.3 You shall owe travel, communication and other expenses to Use of the Service.
14 Prohibited Matters
14.1 You shall not conduct act that fall under any of the following items upon its Use of the Service.
(1) Infringing Our or a third party's copyright or other intellectual property rights.
(2) Using Our or a therd party's name or trade name or other names in advertising or other improper use.
(3) Damaging or defamaing of the honor or credibility of Us or a third party.
(4) Discriminating unjustly or encouraging unfair discrimination against third parties.
(5) Using improperly or illegally disclosing trade secrets of Us or a third party.
(6) Using this service by impersonating a third party by using other member's ID Information or by other ways.
(7) Causing a party to use the Service by assigning, lending, licensing, disclosure, or other means, regardless of whether it is for a charge or not.
(8) Interfering or going to interfere with the normal operation of Our or third party's computer, equipment, telecommunications line.
(9) Behaving in a manner that hinders, or is likely to hinder, operation of the Service.
(10) Using the Service for a purpose breaches laws or ordinances or offends public morals.
(11) Encouraging, assisting, facilitating or promoting the act referred to in the preceding paragraph.
15 Prohibition of use for commercial purposes
15.1 You shall not deal with the following items concerning the information sent by Us by this Service.
(1) Causing a third party to provide or use the information sent by Us for a charge.
(2) Causing a third party to provide or use products or services for a charge using the information sent by Us.
16 Suspension of the Service
16.1 If We determine that You violate the provisions of the preceding Article 15, We may immediately suspend the Service or We may immediately terminate all or part of this Agreement.
16.2 If We determine that Your use of this Service may interfere with or cause Our provision of this service to other members or other third parties, You may restrict the use of this Service.
16.3 If We take the measures prescribed in the preceding paragraph 16.2, We shall notify You in advance in principle. However, if We judge that it is urgent, We will be able to replace it with a posterior notice.
16.4 We shall not bear any responsibility for damage caused to You due to measures taken by Us based on the provisions of the preceding paragraphs 16.3.
17 Resolution of Disputes with a Third Party
17.1 If a dispute arises between You and a third party regarding the Use of the Service, You shall resolve that dispute at its own liability and expense.
17.2 We will not be liable for the dispute set forth in the preceding paragraph in any way.
Chapter 6. Treatment of Information
18 Treatment of information
18.1 We shall not be responsible for verification or any other responsibility concerning the accuracy, usefulness of the information provided by Us by the Service or provided from You.
Chapter 7. Suspension of the Service
19 Temporary Suspension of the Service for Maintenance
19.1 If any of the circumstances in the items below arise, We may temporarily suspend all or part of the Service by giving notice in writing or by electronic mail to You at least 1 week in advance. However, We may temporarily suspend all or part of the Service without notifying You in advance if We judge that it is urgent or unavoidable.
(1) It is necessary to perform maintenance, works, or implement countermeasures for a fault in respect of the facilities required for provision of the Service.
(2) The electronic telecommunication lines operator ceases to provide electronic telecommunication services.
(3) We otherwise considers it necessary.
19.2 If We temporarily suspends all or part of the Service based on the provisions of paragraph 19.1, We shall immediately give you notice by electronic mail or by recording information on our web page.
19.3 Even if damages arise in respect of Party as a result of temporary suspension of the Service, We will not bear any liability
20 Canceleration and Termination
20.1 We may cancel this Agreement anytime by notifying You through a web page or e-mail at least one month before.
20.2 If any of the circumstances in the items below arise, We may be able to cancel this Agreement.
(1) Falling under any of the items of Article 4, paragraph 4.2,
(2) Violating this Agreement due to reasons attributable to Your responsibility,
(3) Occuring dissolution and other similar situations.
21 Termination of the Service
21.1 We shall be able to terminate all or part of the provision of this service at any time by notifying You through a web page or e-mail at least one month before the end date.
21.2 Regardless of the reason for the termination of the Service, You have to agree in advance that You will be unable to use the delivery plan and other electronic data, which is recorded in the server pertaining to the Service.
21.3 Even if damages arise in respect of you as a result of termination of the Service and unavailable to use electronic data, We will not bear any liability.
Chapter 8. General Provisions
22 Compensation for damages
22.1 This Service is provided free of charge to You on a trial basis. We shall not be liable to You for any damages or any other liability in any case.
23 Change of this Agreement
23.1 We shall be able to change these Terms by notifying You by 15 days prior to the change date.
23.2 If You are unable to accept the change under the preceding paragraph, You shall cancel the Agreement in accordance with Article 6.
23.3 If You do not cancel the Agreement during the period from the date of notification to the date of change, we will assume that you agree to the change.
24 Manner of Giving Notice
24.1 Our notice to You based on this Agreement shall be carried out by one of the following methods;
(1) recording information on our web page pertaining to this service and sending to You, or
(2) sending e-mail to the e-mail address that You previously registered with SFDC.
24.2 The timing of arrival of the notice under the provisions of the preceding paragraph to You shall be prescribed in the following items;
(1) With regard to the notice under the provisions of the item (1) in preceding paragraph 24.1, the timing when We transmit a web page containing information to You from the server pertaining to this service through the telecommunication line, and You become ready to receive the web page to receive via telecommunication line, or
(2) With regard to the notice under the provisions of the item (2) in preceding paragraph 24.1, the timing when an e-mail transmitted through an electric communication line is recorded in a file in your computer.
24.3 Except as otherwise specified by Us, all notices related to this Agreement will be in writing.
24.4 With regard to the notice under the provisions of the preceding pargraph, written notice will be effective upon (a) personal delivery, (b) the second business day after mailing, or (c), except for notices of termination or an indemnifiable claim ("Legal Notices"), which shall clearly be identifiable as Legal Notices, the day of sending by email.
25 No Assignment of Rights or Obligations
25.1 Without obtaining our prior written consent, You shall not assign, provide as security, or otherwise dispose of all or part of its rights under this Agreement to a third party, or cause a third party to perform all or part of its obligations.
26 Compliance with Laws and Ordinances
26.1 Both You and We shall comply with the provisions of Japan and applicable foreign laws and regulations concerning the performance of the Agreement.
26.2 In using this service, You shall comply with the regulations of any applicable export control laws and regulations promulgated and administered by the government of any country.
26.3 You represents and warrants that You shall not use Our service and/or technical information relating thereto provided by Us to You under this contract for purposes or activities to disturb international peace and security, including the design, development, production, stockpile or any use of weapons of mass destruction, such as nuclear, chemical or biological weapons or missiles to deliver such weapons, and any other military purposes or activities, or any use supporting these weapons activities.
27 Surviving Provisions
27.1 Even after this agreement ends, Article 6, Article 7, Article 8, Article 10, Article 11, Artichle 12, Article 14 throught Article 18, Article 21, Article 22, Article 25, Article 29 and Article 29 of this agreement will remain effective.
28.1 Any disputes, arguments, or differences of opinion arising from or in relation to this agreement ("Disputes") will be resolved through friendly consultation between the parties, and if they cannot be resolved through consultation they will be resolved through arbitration. Arbitration will be conducted by the Japan Commercial Arbitration Association in Tokyo, Japan, and in accordance with the effective Commercial Arbitration Rules of the association at that time. The arbitration judgment is final and binds the parties.
29 Governing Law
29.1 The laws of Japan are the governing laws regarding the establishment, effect, termination, and performance of this agreement.
29.2 Even if any provision of the Agreement becomes invalid, it does not affect the validity of each provision of this Agreement.