Terms of Service

ONESTRUCTION株式会社 (hereinafter, the "Company") sets forth the following Terms of Service regarding the software licence conditions for the services provided on this website (hereinafter, the "Service").

If there is any discrepancy between the language versions of these Terms, the Japanese version shall prevail.

General

These Terms set out the conditions of use for the services and downloadable content provided by ONESTRUCTION, Inc. on this site. Users may use the services and downloadable content provided on this site in accordance with these Terms.

Definitions

"ONEST": ONESTRUCTION株式会社, a company headquartered in Tottori City, Tottori Prefecture, and the holder of the licence to this software product.
"the Site": the website provided by ONEST, accessible at the following URL: https://onestruction.com/
"Software Licence": all rights granted by the owner of the software product.
"Licence Agreement": the agreement setting out the licence conditions between ONEST and the contracting party.
"Licensee": a natural or legal person who purchases a licence for their own use or for the use of others.
"User": an individual user of the software. A User may be the Licensee or a person authorised by the Licensee.
"Freeware": free application software provided by ONEST, referring to all software bearing the OpenAEC name.
"Paid Software": paid software provided by ONEST, referring to all software bearing the OpenAEC name.
"Related Services": the set of services available to the Licensee during the term of the licence. Services may include (among others) updates and enhancements, support, training, web services and other software products.
"Start Date": the start date of the service period. The activation start date coincides with the date on which the purchase procedure is completed. (The time and date are provided by the ONEST remote server that manages the program, independently of the computer on which the software is installed.)
"Product Technical Specifications": the complete set of technical specifications for the product, including the services and accompanying documentation.
"Device": a physical or virtual hardware system with a storage device or mobile device capable of running the software.

Software Licence Conditions

Users may use the downloadable content and web applications on this site only if they agree to these Terms. Ticking the checkbox or making payment is deemed to constitute agreement to these Terms. The above licence is granted on condition that the Licensee obtains the software from ONEST and complies with the conditions set out in this document. ONEST reserves the right to change the software product and Related Services without notice. The licence does not include the right to obtain the software in source code form, or the right to dispose of its logical documentation and/or projects. Updates are incorporated into new versions. Where virtualisation software is used to create one or more virtual devices on a single computer hardware system, each virtual device and the physical device are regarded as separate devices for the purposes of interpreting these conditions. However, software installed on a licensed device may not be used locally and simultaneously by other users.

Where the software includes various applications, utilities and components (those included in the software), the contracting party is obliged to use all components that form part of the software, and must not separate the various components for use on different computers. The Licensee may not separate the components of the software, nor repackage them into a different software package for distribution, transfer or resale. The Licensee is strictly prohibited from operating the program in debugger mode, carrying out reverse engineering, decompiling, disassembling, or attempting to discover the source code of the software, in order to modify, adapt or translate the software. Otherwise, this licence agreement shall be resolved. Except as provided in this licence, the Licensee may not make copies of the software and/or copy and/or modify the documentation of the program (manuals, videos, brochures, presentations and the like) without the permission of ONEST.

Because the software is not installed on any computer and is not used for any purpose other than storage, you do not have the right to make a backup copy of the software. ONEST gives no warranty whatsoever regarding the use of the software. In particular, ONEST does not warrant the correctness, accuracy, reliability, currency or any other quality of the results of using the software or its documentation. All risk as to the results and performance of the software is borne by the Licensee.

Freeware and Paid Software

Freeware is software distributed by ONEST without a licence fee. Paid Software is software for which ONEST charges a licence fee. Freeware and Paid Software are subject to this licence agreement, without preventing free use and distribution, and therefore belong to ONEST software. Distributing Freeware to third parties for a fee is strictly prohibited.

Services Relating to Use of the Software

During the licence and trial period, ONEST provides the Licensee, or users authorised by the Licensee, with a service package including software updates, training, support and web services. These services are accessible from the PC on which the software is installed. The Related Services may be changed by ONEST from time to time, in which case this will be reported through a communication. As amended from time to time, such provisions form part of this licence agreement. ONEST reserves the right, at its sole discretion, to change, add to or remove the Related Services at any time. ONEST does not warrant that the services will be available at all times during the term. You may not distribute, rent, lend, sell, license, sublicense, transfer or otherwise deal in the Related Services (including, for example, rights contained in software provided as a service), or share the services with any other individual or organisation, without our prior consent.

Credentials and Licensee Data

Access to some services (technical assistance, forums and the like), or certain other uses of the software, requires ONEST to identify the user through a registration system. The Licensee bears full responsibility for keeping their credentials confidential. The Licensee further bears full responsibility for all activity that occurs through their account. The Licensee agrees to notify ONEST immediately in the event of any unauthorised use of the account or any other breach of security. ONEST accepts no responsibility whatsoever for losses arising from a third party opening an account, whether or not ONEST was aware of it.

The Licensee agrees that ONEST, or third parties authorised by ONEST to advance the distribution of and services relating to the product, may use the information and data provided. The Licensee agrees to provide accurate and up-to-date registration information to ONEST, authorised resellers, or other third parties acting on behalf of ONEST, including where requested by the ONEST software. The Licensee also agrees to maintain and update their registration information through any data registration process provided by ONEST. By installing the software, the Licensee agrees that ONEST may use the personal information provided at registration, or subsequently updated, in accordance with the privacy rules available on the ONEST website, in order to manage the relationship with ONEST licensees or in any other circumstances. Acceptance of this licence agreement permits the automatic exchange of data and information between the software held by the Licensee and ONEST's servers, in order to obtain better use during operation of the program and to enable continuous improvement of the services relating to the product.

By agreeing to the licence below, or by using the software/services, you agree to all the conditions set out here, and to certain information being transmitted during activation and use for the functional purposes of the software.

Some services relating to use of the software may be accessible only via the web (for example, error and request forms). Because these services run on servers subject to ongoing maintenance, they may be interrupted by causes beyond the control of ONEST or the ONEST software. Accordingly, ONEST software shall in no case be responsible for the absence or use of these services, or for any damage that may arise to the Licensee as a result. The Licensee must not use these services in a manner that damages them or impairs their use. The Licensee must not use the Service to attempt to access, by any means, services, data, accounts or networks other than those permitted.

Transfer of the Licence

A software licence for a software/service subscription may not, under any circumstances, be sold or transferred from one Licensee to another, whether free of charge or for a fee, for a fixed or indefinite period. The same Licensee may transfer the licence from one device to another in accordance with the conditions of use contained in this agreement. Transfers must follow ONEST's policies and procedures and comply with the time schedule required by ONEST. Where the Licensee transfers the licence to a new device, the software will cease to operate on the previous device.

Suspension of Service

ONEST reserves the right to suspend the program / remote management services of the app at any time, without prior notice to users, in order to carry out necessary maintenance or technical interventions to improve operation. This does not extend to problems or faults on the network, damage or faults occurring on the computer of the recipient using the app, or possible faults in the use of the program/service arising in connection with the connection service used by the recipient.

Disclaimer of Warranties

ONEST licenses the Licensee to use the software/services in accordance with this agreement and the product specifications. The software and Related Services are provided "as is" and "as available", with all faults and without warranty of any kind, express or implied, including satisfactory quality, title, non-infringement of intellectual property, or fitness for a particular purpose. Nor is any other warranty, express or implied, given in respect of the user manuals, video tutorials, technical assistance, forums or software. The consequential risks arising from such use are borne by the Licensee, who bears the burden and responsibility for the selection, installation, operation and management of the program in order to achieve a predefined result.

Except as expressly stated in the licence agreement, and to the extent permitted by applicable law, ONEST gives no warranty of any kind, whether implied or express, that the software and Related Services will meet users' needs and expectations, or that defects or errors will be corrected. Use of the software and Related Services is at your own risk. Archives and databases including the software are provided "as is" and "as available", with all faults and without warranty of any kind, express or implied (including satisfactory quality, title, non-infringement of intellectual property or fitness for a particular purpose). ONEST gives no warranty and accepts no liability as to the accuracy of the data in the archives and databases. Nor does it warrant that such data will meet users' needs and expectations, or that defects or errors will be corrected. Use of the archives and databases is at the user's own risk.

Limitation of Liability

ONEST accepts no liability whatsoever for any direct or indirect, special, consequential or incidental damages, including loss of profits or revenue, business interruption, cost of replacement goods, loss of or damage to data, or damages arising from use, resulting from the use of or inability to use the software and Related Services, even if the Company has been advised of the possibility of such damages. In no event shall ONEST be liable for direct or indirect damages, including loss of data or failure to achieve commercial opportunities and advantages, arising from delay, failure or unavailability of the services and/or data and directly attributable to circumstances beyond its own control and not dependent on the Company, such as failure of ONEST's servers or of electrical connection services, technical failures and interruptions of telephone and computer systems, strikes, acts of vandalism and terrorism, disasters and acts of God. Such limitations and exclusions apply whether or not such damages are caused by breach of contract or warranty, negligence, or any other cause relating to the services.

ONEST's obligations and liability to the Licensee are those defined in this document. Accordingly, in the event of a breach or default attributable to ONEST, ONEST shall respond in accordance with the conditions of this agreement, and any other indemnity or compensation for direct or indirect damages to the Licensee, of whatever kind or nature, is expressly excluded. Except to the extent that applicable law prohibits such exclusions and limitations, in no event shall the total aggregate liability for all damages and losses in contract, strict liability and tort (including negligence) exceed the amount finally paid for the licence to these products/services over the preceding twelve months. ONEST's obligations and liability to the Licensee are those defined in this document. Accordingly, in the event of a breach or default attributable to ONEST, ONEST shall respond in accordance with this licence, with any other indemnity or compensation for direct or indirect damages to the Licensee, of whatever kind or nature, expressly excluded. The Licensee acknowledges and agrees that, in all cases where the user's licence does not apply, ONEST shall respond only as provided in and to the extent indicated in this licence. The Licensee acknowledges and agrees that, in all cases where this licence agreement does not apply, ONEST shall respond only to the extent set out in these conditions.

Licensee's Obligations and Rights

The Licensee acknowledges that they have the right to use the product software/services in accordance with the specifications defined in this document, and that, excluding any other direct or indirect indemnity or compensation of whatever kind or nature, they are entitled to compensation exclusively where this is foreseen in the event of a failure to observe those same rights. The Licensee agrees to use the software/services themselves, for and in the name of third parties authorised to use the software/services, only for permitted purposes allowed by law and in accordance with the rules governing their use and diligence, and in no case in a way that infringes the rights of ONEST or of third parties, bearing full responsibility in this respect.

At ONEST's request, the Licensee agrees to defend, indemnify and hold ONEST harmless from all liabilities, claims and costs, including legal fees, arising from:

Unauthorised use or misuse of the software, including the Related Services.
Infringement of intellectual property.
As a condition of using the software, the Licensee expressly declares that they will not use the software and/or Related Services for illegal or prohibited purposes, or for purposes not foreseen by these Terms or other ONEST policies ("misuse"). The Licensee declares that they are aware that they are responsible for the costs (including legal fees) incurred by ONEST or other interested parties as a result of "misuse" of the software and Related Services, such as:
- Accessing or attempting to access the software and services without authorisation, or accessing another user's account without authorisation.
- Using the software and Related Services to disseminate or transmit inappropriate, defamatory, obscene or illegal information, images or content, or to harass, stalk, threaten or otherwise infringe the legal rights of others.
- Using the software and Related Services in a way that interferes with other users' use.
- Uploading to, or otherwise making available on, ONEST's infrastructure any file containing text, images, photographs, software or other content owned by others in a manner that infringes copyright, trademark, patent, trade secret or other proprietary rights.
- Using the software and Related Services for the purposes of advertising, offering goods for sale, purchasing goods or sales promotion, except where expressly permitted by these Terms.
- Carrying out acts that place a large, unreasonable or disproportionate load on ONEST's network infrastructure, or uploading files containing viruses, Trojan horses, worms or other similar software or programs that damage computers or other property.
- Violating ONEST's policies or applicable laws or regulations.

Proprietary Rights

ONEST or its licensors reserve all rights, title and interest (including all intellectual property rights) relating to the software and Related Services, including the content and other available information that is the property of ONEST (and therefore excluding data entered by users). ONEST's rights are protected by laws relating to intellectual property and by international copyright conventions. All rights not expressly granted by these Terms belong to ONEST. Unauthorised use of the software and Related Services and their content may infringe copyright, trademark and other intellectual property rights, and the law generally. The Licensee acknowledges and recognises that all technical achievements underlying the software and services are the property of ONEST.

Validity of and Changes to the Licence Conditions

The conditions set out in this agreement take effect upon acceptance by the Licensee and remain in force for as long as ONEST provides the software and services. The Licensee acknowledges and agrees, however, that the software/services are characterised by constantly evolving technology. For these reasons, and with the aim of continuous improvement, ONEST reserves the right, without imposing any obligation on the Licensee, to change the technical characteristics of the services and their related equipment at any time, even after acceptance, in order to improve them, and to change the conditions of this licence.

Resolution

Either party may terminate this licence agreement where the other party has failed to perform the obligations set out in this agreement and no remedy is found within ten days of receipt of a written request. Alternatively, ONEST may suspend performance of its obligations towards the contracting party, or the contracting party's rights under this agreement, where the contracting party fails to make even a single payment to ONEST, or fails to demonstrate compliance with the provisions of this agreement. ONEST may terminate this agreement if the contracting party enters bankruptcy proceedings, becomes insolvent, or reaches an arrangement with creditors. This agreement terminates automatically, without further notice or action by ONEST, if the contracting party enters liquidation. The contracting party acknowledges and agrees that ONEST may assign or subcontract its rights and/or obligations under this licence agreement. Where this agreement is terminated or expires, the rights and benefits granted under it cease. Following termination or expiry, the contracting party must cease using the products and/or services relating to the terminated or expired agreement. ONEST reserves the right to require sufficient proof that all such products and/or services have been uninstalled or are no longer in use.

Acceptance of the Licence Agreement

The Licensee is obliged to read these conditions before using the software (including the Related Services or any other materials). For software, ticking the checkbox on the download form or making payment is deemed to constitute acceptance of these conditions of the "user" licence. Acceptance of the licence conditions and conditions of use permitted above means the loss of the right to withdraw from the purchase. If the Licensee does not intend to accept these Terms, they may not use the software and its related items or services. ONEST reserves the right, at its sole discretion, to update and change these conditions at any time. The Licensee is asked to review the conditions below periodically to check whether changes have been applied. Continued use of the software and/or services after publication of changes to these terms is deemed to constitute acceptance of such changes. These terms constitute a binding legal agreement between the Licensee and ONEST and have the same value as if countersigned. The latest version of these terms is available at all times at https://onestruction.com/.

Termination Provisions

ONEST reserves the following rights at any time, at its sole discretion, without prior notice, without exercising this right constituting a waiver, and without being liable for breach of contract or breach of these Terms:

Non-performance, or even a breach alone of the provisions contained in this licence agreement.
Where conduct is such as to give rise to well-founded and reasonable suspicion, or is responsible for non-performance of this licence or breach of one or more conditions.
Where there is sufficient reason to believe that the Service is being used by an unauthorised third party.
In such cases, the Service shall be restored once ONEST determines, at its discretion, that the cause leading to suspension or interruption has actually been removed or eliminated.
Users shall be involved in any legal dispute or proceedings before civil, criminal or administrative authorities, in whatever capacity and in whatever case, where that dispute concerns acts and conduct carried out through the Service.
Where use of the software licence is suspended, the Licensee shall immediately discontinue and uninstall the software and cease using all Related Services. Where a licence is suspended due to causes attributable to the Licensee, ONEST reserves the right to take all measures necessary to obtain compensation for damages. ONEST shall not be responsible for resolving the licence, the closure of the account or the interruption of the services. ONEST also reserves the right to take all measures provided by law to protect its image and rights.

Updates to these Terms

These Terms may be changed without notice to users, except for matters otherwise provided by laws and regulations. Unless otherwise specified by the Company, the revised Terms take effect from the time they are posted on this website. However, where significant changes are made, users will be given advance notice.

Disputes

For disputes arising between ONEST and users, the court having jurisdiction over the location of ONEST shall be the exclusive court of agreed jurisdiction.

Other Rights

"OpenAEC" is a name registered as a trademark by ONESTRUCTION株式会社.
All trademarks and products mentioned here belong to their respective owners.

Published September 1, 2024