PLEASE READ THIS TERMS AND CONDITIONS FOR RICOH WIDGET GALLERY (“TAC”)
CAREFULLY. YOUR USE OF THE WIDGET GALLERY IS SUBJECT TO THIS TAC AS WELL AS THE
TERMS AND CONDITIONS OF THE PRIVACY POLICY AND TERMS OF USE OF THE WEBSITE MANAGED
BY RICOH COMPANY, LTD (“RICOH”).
IF YOU DESIRE TO USE THE WIDGET GALLERY AND COMPLETELY AGREE TO BE BOUND BY THIS
TAC, PLEASE CLICK “OK” BUTTON AND PROCEED TO THE WIDGET GALLERY.
1. Definitions.
- 1.1
- “Widgets” shall mean certain computer programs which are developed and retained by Ricoh or third parties, and then placed on the “Widget Gallery” for use on Your desktops and/or mobile terminals.
- 1.2
- “Widget Gallery” shall mean a web page provided on Ricoh’s website on which the Widgets are placed by Ricoh and from which You can download the Widgets to Your desktops and/or mobile terminals.
2. Purpose.
The purpose Ricoh provides You with the Widget Gallery is to facilitate convenience of Your use of Ricoh’s Multifunction Printers (“MFP”) by furnishing You with environment to personalize a variety of functions of the MFP (“Purpose”).
3. Use of Widget Gallery.
Ricoh hereby grants You a non-exclusive and royalty free license to use the Widget Gallery solely for the Purpose. Subject to Your full compliance with this TAC, You may download the Widgets to Your desktops or mobile terminals, and may post Your opinions or comments regarding the Widgets by following the Ricoh’s directions, provided, however, that Ricoh may delete, in its sole discretion, if (i) any part of Your opinions or comments contains, or Ricoh believes it contains, illegal, unfavorable or harmful description, or (ii) there is a violation of any applicable laws or regulations. Ricoh reserves a right to terminate Your use of the Widget Gallery in its sole discretion.
4. Use of Widgets developed by Ricoh.
Ricoh hereby grants You a non-exclusive, non-transferable, non-sub-licensable, and royalty free license to use the Widgets developed by Ricoh (“Ricoh Widgets”) on Your desktops or mobile terminals solely for the Purpose.
5. Use of paid Widgets developed by Ricoh.
Notwithstanding the Section 4 above, if You use the particular Ricoh Widgets under paid-up license, You shall be bound by their respective terms and conditions for Your use.
6. Use of third party Widgets.
Using the Widgets developed by third parties (“Third Party Widgets”) shall be solely on Your own responsibility. You shall consent the terms and conditions of the respective Third Party Widgets before You download the Third Party Widgets.Ricoh shall not, in any event, be responsible any liability or damage regarding Your use of the Third Party Widgets.
7. Your Obligations.
You agree:
- 7.1
- not to use the Widget Gallery for any purpose other than the Purpose,
- 7.2
- not to edit, modify, add, delete, reverse engineer, de-compile or disassemble any portion of any Widgets,
- 7.3
- to periodically check the contents of this TAC available on Ricoh’s website. This TAC may be revised as set forth in Section 16 below. Any revised version of this TAC shall be binding to You as well as this TAC.
8. NO WARRANTY.
RICOH MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE WIDGET GALLERY OR ANY THIRD PARTY WIDGETS, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
9. LIMITATIONS OF LIABILITY.
YOU UNDERSTAND AND AGREE THAT (i) IN NO EVENT SHALL RICOH BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER REASONS, DUE TO OR ARISING OUT OF YOUR USE OF THE WIDGET GALLERY OR ANY THIRD PARTY WIDGETS, EVEN IF RICOH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Indemnification.
You agree to indemnify and hold Ricoh and its subsidiaries, affiliates, and licensors (“Ricoh Parties”) harmless from any suit, claim, or demand, including reasonable attorneys' fees, due to or arising out of Your use of the Widget Gallery or any Widgets, any comments or writings You post or otherwise make available through the Widget Gallery, or Your violation of any part of this TAC.
11. Confidentiality.
You agree not to disclose the Ricoh Confidential Information without Ricoh's prior written consent. "Ricoh Confidential Information" includes without limitation: (a) all Ricoh’s software, technology, programming, technical specifications, materials, guidelines and documentation relating to the Widget Gallery or any Ricoh Widgets. Notwithstanding the foregoing, the Confidential Information shall not include the information which:(i) is already in Your possession, which is demonstrated by written evidence, (ii) is or becomes publicly available through no fault of You, (iii) is rightfully received by You from a third party without restrictions on its use or disclosure, (iv) is developed by You independently of knowledge of and without the aid, application or use of the Confidential Information, which is demonstrated by written evidence, or (v) is disclosed pursuant to court order, provided that You shall notify Ricoh of such order to give a fully available opportunity for Ricoh to take protective measures to keep the confidentiality of the information.
12. Right to Discontinue. etc.
Ricoh reserves the right at any time and from time to time to modify or discontinue the Widget Gallery, in part or as a whole, with or without notice. You agree that Ricoh shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Widget Gallery.
13. Termination.
You may terminate this TAC, with or without cause at any time. Ricoh may at any time without notice, in its sole discretion, terminate this TAC, or suspend or terminate Your use of the Widget Gallery and any Widgets, with or without cause. Sections 10, 11, 12, 17 and 18 shall survive termination of this TAC. Upon termination of this TAC, You shall return or destroy any tangible materials provided by Ricoh or made You available by Ricoh, including, but not limited to, user manuals and other related documents.
14. Intellectual Property Rights.
Unless otherwise expressly stated in this TAC or revised version of this TAC, it shall not be construed as granting a license of or to any of Ricoh’s intellectual property rights. Without limiting the foregoing, You acknowledge and agree that the Widget Gallery and the Ricoh Widgets are protected by copyright, trademark, patent, or any other intellectual property rights by Ricoh.
15. Entire Agreement.
This TAC constitutes the entire agreement between Ricoh and You with respect to Your use of the Widget Gallery.
16. Revision of this TAC.
Ricoh may revise from time to time any part of this TAC by adding or modifying, in its sole discretion, without having Your consent.
17. Miscellaneous.
- 17.1
- The governing law and jurisdiction for this TAC will
depend upon where You are using the Widget Gallery, as follows:
(i) if You are using the Widget Gallery in the Americas, this TAC shall be deemed made under the laws of the State of New York, USA, excluding the choice of law and conflict of law provisions, and may be enforced or disputed only and exclusively in the courts of the State of New York, or
(ii) if You are using the Widget Gallery in the regions other than the Americas, this TAC shall be deemed made under the laws of Japan, excluding the choice of law and conflict of law provisions, and may be enforced or disputed only and exclusively in the courts of Tokyo. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this TAC. - 17.2
- You agree that this TAC may be supplied only in the English language, and that, in the case of translation discrepancies regarding this TAC, the English language version shall control unless otherwise required by local law without the possibility of contractual waiver or limitation.
- 17.3
- Should any provision of this TAC be found to be void, invalid, unenforceable or illegal, the validity and enforceability of the other provisions will not be affected thereby, it being the intent of the parties hereto that this TAC shall be enforced to the full extent allowable under applicable law. Failure of Ricoh to enforce any provision of this TAC shall not be construed as a waiver of such provision or of the right to enforce such provision. All of the Ricoh Parties are direct and intended third-party beneficiaries of this TAC and may enforce it against You.
- 17.4
- To the extent permitted by local law, the parties hereto waive any right they may have to trial by jury. No claim or litigation may be brought regarding this TAC or relating to the Widget Gallery or any Widgets more than two (2) years after the cause of action has arisen.
