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This TSshield Terms of Use is executed between Topcon Corporation (“Topcon” or “we”) and/or
its affiliate(s) (“Affiliate(s)” or “Affiliated Company(ies)”) and the individual or entity accepting
its terms and conditions (“You”, “User” or “Customer”)
All Users of the Products may use the free and/or paid services using the telephone lines
(“TSshield” or the “Service(s)”) offered by Topcon and its Affiliate(s).
Please be sure to understand that You are requested to make user-registration for use of the
Service for each of the Products and that the Product used for the Service includes the function
to automatically collect various information related to the Product which is necessary for
provision of the Service.
By using the Service, You agree to be bound by the terms and conditions of the use of the
Service provided herein (“Terms of Use”). Topcon reserves the right to suspend, cancel,
terminate or delay the Service in the event that you fail to comply with the Terms of Use.
2.8. Sub-Processor
Topcon may request third party sub-processors to process the Personal Data for the permitted
purpose under this Terms of Use provided that: (i) Topcon imposes data protection terms on
any sub-processor it appoints that require it to protect the Personal Data to the standard
required by Applicable Privacy Laws; and (ii) Topcon remains liable for any breach of this
Section that is caused by an act, error or omission of its sub-processor. User may object to
Topcon‘s appointment or replacement of a sub-processor, provided such objection is based on
reasonable grounds relating to data protection. In such event, Topcon will either not appoint or
replace the sub-processor or, if this is not possible, User may suspend or terminate this Terms
of Use and the Service (without prejudice to any Service fees incurred by Customer prior to
suspension or termination
5. Disclaimer
Topcon (including its Affiliated Companies, Business Partners, licensor and third party provider
(where applicable; the same shall apply in this paragraph)) makes no warranty of satisfactory
quality, reliability, availability, accuracy or completeness of the Service or any content. Topcon
does not warrant that Service is error free, uninterrupted, free of viruses or other harmful
components. The Service and all contents thereof is provided to you on an “as-is” basis. All
representations and warranties, whether express, implied, statutory or otherwise, including,
without limitation, any implied warranty of merchantability, fitness for a particular purpose, or
non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted
by applicable law by Topcon.
6. Limitation of Liability
Notwithstanding anything to the contrary herein, under no circumstances Topcon (including its
Affiliated Companies, Business Partners, licensor and third party provider (where applicable; the
same shall apply in this paragraph)), or their respective directors, officers, employees, affiliates,
distributors or agents be liable to you or any third party for any tort (including negligent),
contract or any other liability arising in connection with the use or unauthorized use of or
inability to use the Service or any content thereof, including, without limitation, any loss of
profits, loss of data or other intangible losses, or any direct, indirect, special, consequential,
incidental or punitive damages whatsoever, even if Topcon has been advised of the possibility
of such damages. In addition, without limiting the foregoing, in all events the remedies
available to you hereunder shall be limited to the equivalent amount of monthly fees for 12
months which is calculated from the total amount actually paid by you, provided however that
in the event that the claimed cause of action occurs within 12 months from the start date of the
Service, such limitation will be reduced in accordance with the actual number of months.
There are some countries which prohibit from bringing out positional information from such
countries (e.g. China). If you bring the Product in such a country, it is necessary to deactivate
the Function temporarily. Regardless of deactivation of such Function, there are also some
countries where bringing a device which has such Function is subject to strict punishment. In
the event that you bring the Product outside your company, please verify by yourself the all
necessary regulations.
If you request deactivation, please contact the distributor from whom you bought the Product.
9. Modification
Topcon reserves the right to modify the terms and conditions of the Terms of Use or its policies
relating to the Service at any time at its sole discretion, effective upon posting of an updated
version of the Terms of Use and/or other related policies on its website. You are responsible for
regularly reviewing the Terms of Use and other related policies. Your continued access to and
use of the Service after any such modifications constitutes your consent to such modifications.
10. Miscellaneous
The Terms of Use constitutes the entire agreement between you and us with respect to the
Service and it supersedes all prior or other communications, agreements and understandings
between you and Topcon with respect to the subject matter hereof. If for any reason any
provision of the Terms of Use shall be invalid or unenforceable, that provision shall be enforced
to the maximum extent permissible so as to affect the intent of the Terms of Use, and the
remainder of the Terms of Use shall continue to be valid and enforceable. No joint venture,
partnership, employment, or agency relationship exists between you and Topcon as a result of
the Terms of Use or use of the Service. The Terms of Use shall be governed by and construed
and enforced in accordance with the laws of Japan, without application of the United Nations
Convention on the International Sale of Goods which is expressly excluded. Any dispute arising
out of, or in connection with the Terms of Use or use of the Services shall be exclusively
brought to the district court in Tokyo, Japan.