Koemoji End User License Agreement

This End User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity, "you" or "Licensee") and ITSUCARA, K.K. ("Licensor") for the software product Koemoji, including the compiled binary application, associated media, and any related documentation (the "Software").

By downloading, installing, or using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not download, install, or use the Software.

1. Grant of License

Subject to your compliance with this Agreement, Licensor grants you a personal, non-exclusive, non-transferable, revocable, limited license to install and use the Software, in binary executable form only, on Apple Macintosh computers that you own or control, solely for your own personal or internal use.

2. Restrictions

You may not, and may not permit any third party to:

a. copy, redistribute, sublicense, sell, rent, lease, lend, or otherwise transfer or make available the Software, in whole or in part, to any third party;
b. modify, adapt, translate, or create derivative works based on the Software;
c. reverse engineer, decompile, disassemble, or otherwise attempt to derive or access the source code of the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
d. remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in or on the Software;
e. use the Software for any unlawful purpose or in any manner that violates any applicable law or regulation.

3. Ownership

The Software is licensed, not sold. Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights therein. This Agreement does not grant you any rights to trademarks, service marks, or logos of Licensor. All rights not expressly granted to you in this Agreement are reserved by Licensor.

4. Pricing

The Software is currently distributed free of charge. Licensor reserves the right to charge a fee for future versions, updates, or continued use of the Software at its sole discretion. Any change in pricing will be communicated at or before the time it takes effect and will not retroactively apply to a version already licensed to you free of charge.

5. No Warranty

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE SHALL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID FOR THE SOFTWARE.

7. Termination

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from Licensor if you fail to comply with any term of this Agreement. Upon termination, you must cease all use of the Software and destroy all copies, full or partial, of the Software in your possession or control. Sections 3, 5, 6, 8, and 9 shall survive any termination of this Agreement.

8. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of laws principles. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts having jurisdiction over the location of Licensor.

9. General

If any provision of this Agreement is held to be unenforceable, that provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement shall remain in full force and effect. This Agreement constitutes the entire agreement between you and Licensor concerning the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. Licensor may update this Agreement from time to time; continued use of the Software after such changes constitutes your acceptance of the revised Agreement.