EULA_EN_ANDROID VER1 150910

■License Agreement

Important;
You shall carefully read and understand this Policy before browsing the Contents and installing and using the Software as they affect your rights and obligations under the law. This Policy and Agreement can be downloaded by You through this link.

The purpose of establishing this Policy (hereinafter called “this Policy”) is to provide the terms and conditions that you (hereinafter called “you” or “user”) shall observe in connection with license of browse of the Electronic Books (hereinafter called “the Contents”) [AHP Note: Pursuant to prevailing laws and regulations including draft of E-Commerce Regulation, Contents that can be downloaded by the user must not conflict with the laws and regulations, morality and public policy. For an example: does not contain pornographic.] which eBOOK Initiative Japan Co., Ltd. (hereinafter called “EBJ”) is providing on own website (http://www.mangamon.id, hereinafter called “this Site”) and license of use of the Software (hereinafter called “the Software”) for the purpose of browsing the Contents.

This License Agreement (hereinafter called “this Agreement”) under this Policy is agreed and executed by and between you who wish to browse the Contents and to install and use the Software and EBJ which provides the Contents on this Site and develops the Software.

EBJ shall deem and consider that you have entirely and completely assented and agreed to be bound by all the terms and conditions set forth in this Policy or respective guidelines and rules set forth on this Site and this Agreement under this Policy was executed by and between you and EBJ (a)at that time you whether temporarily or continuously installed the Contents or the Software on your terminal or device of “Android”,　or (b)at that time you browsed the Contents or used the Software, whichever(a) or (b) comes earlier. You shall covenant and agree in advance that you are not authorized to browse the Contents and to use the Software unless you assent and agree to such the terms and conditions and respective guidelines and rules. In the event that you browse the Contents or use the Software without assenting and agreeing to such terms and conditions and respective guidelines and rules, you shall immediately cease to browse the Contents and to use Software, in addition that, you shall completely dispose or delete any and all the Contents and the Software installed on your terminal or device of “Android”.

EBJ can make changes to this Policy and Agreement from time to time for legal and regulations reasons, or to ensure the proper and smooth browsing of the Contents and use of the Software.

1. Scope of license

Subject to all the terms and conditions of this Policy　or to all the terms and conditions set forth on EBJ’s website*, or to respective guidelines and rules set forth on this Site, EBJ hereby grants to you a license as follows:

• 1-1 a non-exclusive and non-assignable license and right to browse the Contents in Indonesia during the term of this Agreement.
• 1-2 a non-exclusive and non-assignable license and right, without charge, to install and use the Software on your terminal or device of “Android” in Indonesia during the term of this Agreement, provided however that, you may install and use the Software on one (1) your terminal or device only.

* Please visit to the following website and confirm EBJ’s policy which sets forth the terms and conditions of browse of the Contents..
http://www.mangamon.id/info/about_policy.html

2. Age Requirements

Except for any parts of the Contents expressly intended for a younger reader (where available), you must be at least 18 years old to browse the Contents. If you are under the legal age in Indonesia, you must have your parent or legal guardian’s permission to browse the Contents. Make sure you show them these terms before you browse the Contents.

3. Notice to Parents and Guardians

By granting your child permission to browse the Contents, you are accepting this Agreement on your child’s behalf, including the Age Requirements above. You are responsible for supervision and monitoring your child’s activity in browsing the Contents.

4. Your Account

You may need an account in order to browse the Contents. You must take all reasonable steps to protect your account and keep your password confidential. You are responsible for the activity that happens on or through your account.

5. Copyright

The Contents and the Software fully belong to EBJ’s rights (including but not limited to copyrights which include rights provided in Article 27 and 28 in copyright law of Japan, other intellectual property such as patent, utility model right, design, trademark, know-how, trade secrets, idea, concept, technical information, moral rights of authors and any other rights) or the third party’s rights who grant a license to EBJ.
The Contents and the Software are copyrighted and protected by copyright law of Japan and international treaty provisions. EBJ does not expressly or implicitly assign and transfer the above EBJ’s rights to you by the grant of this license under this Agreement and you expressly or implicitly confirmed that the license granted by EBJ is not the transfer of EBJ’s rights to you.

6. Acquisition of Information

EBJ may acquire Unique Device Identification Data (UDID) and other information to identify terminals or devices through this Site for the purpose of preventing unauthorized copies of data by unauthorized terminals or devices and may use these data by encrypting.
EBJ may not use the acquired data for the purpose other than the foregoing uses.

EBJ also entitled to obtain personal information about you (“Personal Information”). Personal Information can be obtained by EBJ include, among others, the following information:

1. nama;
2. place and date of birth;
3. gender;
4. address;
5. phone number;
6. email address; and
7. other information that is given you to EBJ by completing registration form on this Site along with information about your visits to the Site.

EBJ will keep and maintain the confidentiality, completeness, authenticity, accessibility, availability and traceability of Personal Information as well as possible. The responsibility of EBJ in relation to the Personal Information is limited to the Personal Information maintained by EBJ.

EBJ is entitled to use, exploit and disclose Personal Information and/or data for other matters as deemed necessary by EBJ, including but not limited to help diagnose problems with the server and Site administrators to perform tasks, with the conditions set forth in this Agreement, by giving prior notice to you.

If necessary, EBJ will provide such Personal Information provided by you to the authorities to assist in any investigation and/or any procedure in accordance with the provisions of the prevailing laws and regulation in Indonesia.

As previously mentioned, the Personal Information will not be disclosed or released by EBJ to other third parties. However, in certain circumstances, EBJ may disclose Personal Information to third parties, among others, in a condition where EBJ in its sole discretion decides that disclosure is necessary or in the interest of law enforcement.

7. Prohibited acts

You shall not do the following prohibited acts and not have any third party do the following prohibited acts.

• 7-1-1　act to duplicate, distribute, transmit to the public, lend, assign, modify, alter, translate or adapt all or part of the Contents or the Software.
• 7-1-2　act to sublicense the right and license to browse the Contents or to use the Software granted hereunder to the third party.
• 7-1-3　act to decompile, disassemble or reverse engineering all or part of the Contents or the Software.
• 7-1-4　act to steal EBJ’s know-how contained in the Contents or the Software.
• 7-1-5　act to whether directly or indirectly export all or part of the Contents or the Software and act to use the Contents or the Software outside Indonesia.
• 7-1-6　act to use the Contents or the Software for the purpose of commercial use such as development of product or service.
• 7-1-7　act to infringe rights (including but not limited to copyright, trademark, other intellectual property or any other rights) of EBJ or the third party and act to could infringe the rights of EBJ or the third party.
• 7-1-8　act to breach and violate this policy, applicable laws and public order and morals.
• 7-1-9　act to abuse reputation of EBJ or the third party, to infringe confidence or honor of EBJ or the third party, to put EBJ or third party at a disadvantage, or to inflict damages on EBJ or the third party and the like.
• 7-1-10　 act to perform the acts EBJ deems and considers falling under one or any of the previous items.

8. Principle of self-responsibility

• 8-1　You shall browse the Contents and use the Software provided under this Agreement at your sole risk and responsibility and shall solely assume the full responsibility and liability for any and all damages (including but not limited to direct, ordinary, lost earnings, loss of business opportunities, loss of data, loss of business interruption, other indirect, special, consequential, incident, attorneys’ fee, hereinafter called “damages” or “damage”), losses, costs and expenses caused by any act or omission of you under this Agreement.
• 8-2　In the event that you inflict any damage and losse on EBJ or the third party on account of any act or omission of you under this Agreement, you shall accept and undertake the full responsibility and liability for any and all damages, losses, costs and expenses incurred by EBJ and the third party and you use this Site and/or browse Contents on your own risk.

9. Disclaimer of warranties

• 9-1　The Contents or the Software are provided on an “as is” basis. EBJ does not expressly and implicitly warrant the absence of bugs or errors in programming and other defects of the Contents and the Software and does not expressly and implicitly warrant the fitness for a particular terminal/device or particular purpose, reliability, accuracy, validity, legality, completeness and non-infringement of the Contents and the Software.
• 9-2　Even if you directly or indirectly suffer any and all losses and damages incurred as a result of browse of the Contents or use of the Software under this Agreement, EBJ shall assume no responsibility or liability for any reason whatsoever for any and all damages, losses, costs and expenses incurred by you.
• 9-3　You shall defend, fully indemnify and hold harmless EBJ, its affiliates and subsidiary companies, shareholders, directors, officers, employees and agents from and against any and all damages, losses, costs and expenses caused by any act or omission of you under this Agreement.
• 9-4　You shall covenant and agree in advance that EBJ reserves the rights to change the specification, content or distribution method of the Contents and the Software at its sole discretion and any time without prior consent of you or prior notice to you.
• 9-5　You shall covenant and agree in advance that the Contents or the Software are provided for the purpose of personal only.
• 9-6　EBJ shall not be required to disclose any information (including but not limited to the Source Code of the Software) to you under the execution of this Agreement.
• 9-7　EBJ shall not be required to provide technical support or maintenance, to debug or upgrade the Software to user.
• 9-8　EBJ shall not guarantee that you can browse the Contents and use the Software, if Google Inc. and other companies do not provide upgrade version of Operating System or not provide a compatible software in your later terminal or device of “Android” by their corporate policies.
• 9-9　EBJ may modify this policy at its sole discretion and any time without prior consent of you or prior notice to you.

10. Termination

• 10-1　Regardless of the reason, EBJ may terminate this Agreement at its sole discretion by notifying to user on this Site seven (7) calendar days prior to the termination of this Agreement.
• 10-2　In the event that you breach and violate any provision of this Agreement under this policy, EBJ may immediately terminate this Agreement without any notice or demand. In addition that, in the event that EBJ suffers any damage, loss, cost or expense from termination of this Agreement, EBJ may seek monetary damages against you.
• 10-3　Regardless of the reason, you may not seek monetary damages against EBJ and the third party who grant a license to EBJ, even if you suffer any damage, loss, cost or expense from termination of this Agreement under the previous clause of 10-1 or 10-2.
• 10-4　Upon any termination of this Agreement, this license under this Agreement automatically and immediately will terminate and you shall completely dispose or delete any and all the Contents and the Software and all of their component parts installed on your terminal or device of “Android”.
• 10-5　 In the event that you have executory obligations to EBJ upon any termination of this Agreement, the executory obligations shall survive and continue until you fulfill the executory obligations.

11. Severability

If any provision of this Agreement under this policy is subsequently held invalid or unenforceable by any court or authority agent, such invalidity or unenforceability shall in no way affect the validity or enforceability of any other provisions of this Agreement.

12. Governing Law

This Agreement under this Policy shall be governed by and construed under the laws of Japan without giving effect to principles of conflict of laws.

13. Jurisdiction

You and EBJ expressly agree that any action arising out of or with respect to this Policy and this Agreement shall be filed in the competent court.
[AHP Note: Even if you win the case against the customer at Tokyo District Court in Japan, you cannot enforce such court decision in Indonesian and you shall file another lawsuit in Indonesia. Therefore, Tokyo District Court is not workable as dispute resolution procedure. Further, pursuant to the draft of E-Commerce Regulation, in the event of dispute between e-commerce business and its consumer, consumer can sue over consumer dispute resolution body or apply to the judiciary in the domicile of the consumer. In addition, the parties also can resolve the dispute through online dispute resolution in accordance with the laws and regulations. Please note that the draft E-Commerce Regulation is still in the process of negotiation between the relevant parties, hence such draft is still subject to change. Therefore, the legally possible venue of dispute resolution is uncertain and so we just put “competent court” to give parties more flexibility.]