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شرایط استفاده از KumoWorks

This KumoWorks Terms of Use (“Terms”) stipulates the condition of use of the Software and Binary for generating cloud imagery to be used for animation backgrounds (“KumoWorks”), released without cost by Dwango Co., Ltd. (“Dwango”). Before you use KumoWorks, you shall confirm and agree to all the content of the Terms.
In case of using KumoWorks by a legal entity, the person who is duly authorized to agree on its behalf shall need to consent to the Terms. If a user is a minor who is 19 years old or younger, user shall be with prior consent of their statutory agents (a person with parental authority). When a user (if a user is a legal entity, it includes its executives and employees, same as hereafter) use KumoWorks, Dwango shall deem it as consent to the Terms.


Article1	 (Licensing KumoWorks)
1. Dwango shall grant user to use KumoWorks and documents for KumoWorks (“Document”), provided, however; user shall use KumoWorks in accordance with the Terms and in a way described in this Document.
2. Dwango may temporarily suspend KumoWorks on the following reasons;
(1) system maintenance, inspection and repair,
(2) unable to offer the service due to fire or blackout,
(3) unable to offer the service due to act of God, and,
(4) others; necessary to temporary discontinuation of offering the service on account of operational or technical reasons.

Article2 (Intellectual property rights)
1. The intellectual property rights regarding KumoWorks (including, but not limited to, copyright, trademark right, design right, patent right, utility model right, now-how and any other rights. And hereinafter collectively referred to as “IP rights”) are all attributable to Dwango or any third parties who has licensed such IP rights to Dwango.
2. User shall not use KumoWorks beyond the scope of expressly licensed in the Terms.
3. If user should breach the previous section and do harm to Dwango, user shall indemnify Dwango for such damages (including indirect damages).

Article3 (Prohibition)
When User uses KumoWorks, it shall NOT do the following acts;
(1) use KumoWorks in a way not described in this Document,
(2) copy, corrupt, translate this Document, handout and distribute it to third parties (including automatic public transmission and available for transmission), except for the case of “quotation” on copyright Acts,
(3) offensive acts to public order and morality (including anti-social activities and their promotion),
(4) criminal acts (including uploading and distributing computer virus, junk mail, spam mail, chain letter and other harmful files, helping murder, abducting child and pyramid scheme),
(5) infringing Dwango or third parties’ intellectual property rights,
(6) prejudicing Dwango or third parties’ properties, faith and honor, and infringing privacy, publicity and other rights,
(7) breaching laws and/or treaties regardless of by intent or negligent,
(8) doing economical and/or spiritual harm to Dwango or third parties,
(9) violating any provision of the Terms, and
(10) others; inappropriate acts judged by Dwango.
And if any of the above items should occur, Dwango may have user cease to use KumoWorks without any formal demands, and in this connection if the above acts should harm to Dwango, user shall indemnify Dwango for such damages (including indirect damages).

Article4 (Disclaimer)
1. User shall use KumoWorks on its own responsibilities. User hereby shall confirm and agree that User solely take all risks in relation to using KumoWorks and Dwango does NOT take any responsibilities and liabilities for such risks.
2. Regarding KumoWorks, Dwango does NOT ensure any of the following; the reliability, accuracy, safety, usefulness, with or without infringement to third parties’ rights and fitness for a particular purpose.
3. Dwango shall provide KumoWorks on ‘ASIS’ basis, and shall not perpetually assure the same KumoWorks environment as that of the starting point.
4. User hereby shall confirm that user solely takes all the direct and indirect damages and risks arising out of using KumoWorks, and Dwango takes NO liabilities for such damages and risks.

Article5 (User’s liabilities)
Any damages, infringements, risks, complaints, demand and other all prejudices (“Prejudices”) arising from or in relation to using KumoWorks shall be settled on user’s own cost and responsibilities, and Dwango takes NO liabilities for such Prejudices. And as for any Prejudices harm to Dwango arising from or in relation to user’s using KumoWorks, user shall indemnify all the expense, compensation (including attorney’s fee paid by Dwango) and any other costs to Dwango.

Article6 (Change and Terminate KumoWorks)
1. Dwango may change the content of KumoWorks without prior notice to user. User hereby shall consent to that in advance, and even if any prejudices or damages should occur to user or third parties in connection with the change, Dwango shall take NO liabilities for such prejudices or damages.
2. Dwango may suspend or terminate KumoWorks without prior notice to user. Provided that, Dwango will in principle notice or announce on OpenToonz website (https://opentoonz.github.io/) prior to such suspension or termination.  Even if any prejudices or damages should occur to user or third parties in connection with the suspension or termination, Dwango shall take NO responsibilities for such prejudices or damages.

Article7 (Severability)
Even if any provision of the Terms is invalid by the conflict of applicable law or other reasons, the other provisions are still valid and full in force. In this case, by necessity the invalid provision shall be replaced with a valid provision which can accomplish to the extent possible an initial scheduled economical purpose, and user shall agree to the above condition in advance. 

Article8 (Amendment)
The Terms may be revised at Dwango’s own discretion. Any changes or modification of the Terms will be with prior notice or announce on OpenToonz website (https://opentoonz.github.io/) with content and time of the revision. And user shall be deemed to consent to the revised Terms if it uses KumoWorks still after revised Terms go on display.

Article9 (Assignment of the Status)
Users may not assign, transfer, create collateral over, or otherwise dispose of (whether with or without consideration) their status under the Terms or their rights or obligations under the Terms to a third party without the prior written approval of Dwango.
Where Dwango has assigned all or part of the businesses related to KumoWorks to another company (including a company split, business assignment, or any other transactions whereby the businesses related to KumoWorks are transferred), along with the business assignment, it may assign its status, rights, and obligations under the Terms to such company, and users shall consent in advance to such assignment.

Article10 (Others)
The Terms and the relationship between user and Dwango shall be governed by Japan law. If any conflicts or litigations should occur between the parties, the Tokyo district court or Tokyo summery court, Japan shall be set to the first exclusive jurisdiction.

*The Terms shall be stipulated in Japanese, and this English translation shall be just for reference.

Established on April 15, 2019

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