Article 1 (Scope)
1. These Terms shall apply when Users use the membership service (hereinafter referred to as "Service") provided on the website (hereinafter referred to as "Site") operated by FANUC CORPORATION (hereinafter referred to as "Company").
Article 2 (Definitions)
Except as otherwise provided, the terms herein shall be defined as set forth below:
(1) "Product" means any product, such as data, files, information, parts, or software, provided for a fee or free of charge through the Service;
(2) "User" means a member who has been issued an ID required to use the Service in accordance with Article 5;
(3) "User Account" means the usage right required to use the Service; and
(4) "User ID" means the e-mail address that a User registers as his/her authentication ID when using the Service.
Article 3 (Amendment of these Terms)
The Company may, at any time, make amendments to these Terms, provided, however, that the Company shall give due consideration to avoid such modification being significantly disadvantageous to the User. If the Company revises these Terms, it shall notify the User of the details of such modification by reasonable means. Changes to these Terms shall be deemed to have been agreed upon expiry of one month after the User has received the notice informing him/her of the changes. If the User does not agree to any such change, the User shall be entitled to terminate these Terms by giving written notice to the Company within this month, the termination becoming effective sixty (60) days after the User’s notice. When notifying the User of the modifications, the Company will inform him/her that non-objection within one (1) month of the date on which he/she received the notice of changes will constitute acceptance of the changes. The Company will publish on its website or provide User by other reasonable means a comparison of the provisions affected by the changes to these Terms.
Article 4 (Issuance of User ID)
1. When the Company receives an application from a person who agrees to these Terms and wishes to obtain a User Account (hereinafter referred to as "Applicant"), the Company shall, at its sole discretion, grant a User Account, issue a User ID, and allow the use of the Service. These Terms shall take effect upon the issuance of a User ID.
2. A User Account shall be granted and a User ID shall be obtained, free of charge.
3. The Company may refrain from issuing a User ID to an Applicant if the Applicant falls under any of the following items. In addition, the Company may cancel a User ID after the issuance thereof if the Applicant is found to fall under any of the following:
(1) The Applicant made a false statement at the time of application;
(2) It becomes unreasonable or impossible due to technical or economical reasons to provide the Service;
(3) The Applicant has breached these Terms in the past; or
(4) Maintaining the User Account would interfere with the Company's business operations or it is otherwise found to be inappropriate by the Company.
4. In the event of any change in the matters notified to the Company, Users shall promptly register the change from a designated place on the Site. In addition, with respect to the matters registered in the Service, even if a User suffers damage due to a false statement, error, omission, or delay in the registration of a change, etc., the Company shall bear no responsibility, except as stated in the cases mentioned under Article 11 Nr. 5.
Article 5 (Management of User ID, etc.)
1. A User shall not disclose, lend or share his/her User ID or the password relating to his/her User ID (hereinafter referred to as "User ID, etc.") with any third party, and shall strictly manage (including password changes as appropriate) such User ID, etc. to prevent the same from being leaked to third parties. The Company shall assume no responsibility in the event the User or a third party incurs damage due to the insufficient management, misuse, or use by third parties, etc. of the User ID, etc.
2. Users may not assign or otherwise sublicense to any third party the rights they acquire under these Terms. In addition, the information and other works provided by the Company to Users through the Service are only made available to such Users, and Users shall not allow any third party to use the information and other works provided by the Company without the prior written consent of the Company.
3. In the event that a third party uses the Service by using the User ID, etc., such act of use shall be deemed to be an act by the relevant User, and the User shall bear full responsibility for the same.
4. If the Company incurs any damages in connection with or due to a User's use of his/her User ID, etc., the User shall compensate for such damages; provided, however, that this shall not apply to cases where the User ID, etc. is used by a third party due to the willful misconduct or negligence of the Company.
Article 6 (Prohibited Matters)
Users shall not conduct any of the following acts when using the Service:
(1) Becoming a member only for the purpose of collecting information;
(2) Using the Service for profit-making purposes or for other illicit purposes other than their own use, or conducting business activities by using the Service;
(3) Sublicensing any rights under these Terms to a third party;
(4) Illegally acquiring or using, or causing to be acquired or used, the User ID, etc.;
(5) Engaging in an act that infringes or is likely to infringe any intellectual property right, such as a copyright or trademark right, or any other right which belongs to the Company or a third party and is used in connection with the Products or information concerning the Products, on the basis that the Service or the Products provided through the Service or the information concerning the Products is protected by the Copyright Act or other laws and regulations related to intellectual property rights;
(6) Engaging in an act that obstructs or interferes with the provision of the Service by transmitting computer viruses, spam e-mail or other harmful computer programs, etc.;
(7) Engaging in an act that furthers or otherwise leads to a criminal act;
(8) Engaging in an act of slandering the Company or a third party, or damaging the reputation or credit of the same;
(9) Engaging in an act of accessing the Company's or a third party's facilities or the facilities for the Service without authorization, which interferes with, or is likely to interfere with, the use or operation thereof;
(10) Engaging in any other act that the Company considers to be inappropriate or unreasonable based on reasonable grounds; or
(11) In addition to the above items, engaging in an act that violates laws or regulations, these Terms, public order or morals, an act that interferes with the operation of the Service, or an act that would be disadvantageous to the Company or third parties.
Article 7 (Cancellation or Termination of Use Registration)
If the Company determines that a User falls under any of the items in Article 6, or falls under any of the following items, the Company may terminate such User's use of the Service and cancel or terminate these Terms, without any notice or liability. In such case, the Company shall not be liable for such cancellation or termination:
(1) When the User commits an act that breaches these Terms; or
(2) When becomes otherwise unreasonable and unbearable for the Company for the User to continue to use the Service based on the individual situation..
Article 8 (Termination by User)
If a User wishes to terminate these Terms, the User shall notify the Company; provided, however, that the User may not be able to delete his/her User Account unless the User properly terminates these Terms in use. Further, even after the User Account is deleted, the Company may retain, for a certain period of time, the information provided by the User who was granted such User Account, to the extent permissible under applicable statutory laws, in particular under data protection laws.
Article 9 (Discontinuation and Termination of the Service)
1. Users acknowledge that the Company may discontinue or terminate their use of the Service, in whole or in part, by giving Users prior notice.
2. Notice of the discontinuation or termination of the Service shall be given on the Site or by a method separately prescribed by the Company.
3. Users acknowledge that the Company may discontinue providing the Service in the cases set forth in the following items:
(1) The Service cannot be made available due to force majeure such as natural disasters or labor disputes;
(2) Doing so is unavoidable due to the maintenance or construction of facilities for the provision of the Service; or
(3) It is necessary to temporarily discontinue the Service for operational or technical purposes.
Article 10 (Handling of Personal Data)
1. Among the information provided by Users to the Company in relation to the use of the Service, the Company shall properly process personal data in compliance with applicable data protection laws.
3. The Company may have a subcontractor handle the personal information of Users to the extent necessary for the purposes of use prescribed in each item of the preceding paragraph.
Article 11 (Limitation of Liability)
1. The Company shall make no warranty of any kind with respect to the information, etc. obtained by Users by using the Service.
2. With respect to the Service, the Company shall make no warranty of any kind as to its accuracy, legality, usefulness and fitness for the purposes of use intended by Users.
3. In the event that data, etc. that is stored on the server or other equipment when a User uses the Service is lost or otherwise altered by a third party, the Company shall endeavor to recover such data, etc. to the extent technically possible and determined to be reasonable by the Company. If the Company makes efforts to recover such data, etc., it shall be exempted from claims made by the User or a third party for damages caused by loss or alteration, etc.
4. In no event shall the Company be liable for any damages arising from causes not attributable to the Company; any damages arising from untypical or special circumstances, whether or not they were foreseen by the Company; lost profits or damages resulting from a claim for damages by a third party.
5. Notwithstanding the above, the Company shall only be liable for damages caused by willful misconduct or gross negligence. Nonetheless, the Company shall liable for the negligent breach of material contractual obligations, whose fulfilment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance the User may rely on regularly. In the case of the latter, the Company shall only liable for foreseeable and typical contractual damage. The Company shall not be liable for simple negligent breach of other obligations than those mentioned in the above sentences. The abovementioned exclusions of liability further do not apply in cases of damages to life, body and health or in other cases of mandatory applicable law.
Article 12 (Governing Law; Jurisdiction; Severability)
1. The establishment, validity, implementation and interpretation of these Terms shall be governed by Japanese law.
2. The Company and the User both consent and submit to the exclusive jurisdiction and venue of the courts in [·] for any and all actions and proceedings arising out of or relating to these Terms.
3. If individual provisions of these Terms should be ineffective, these Terms in their entirety and as a whole shall remain unaffected, to the extent permitted by statutory applicable law. The contractual parties shall amicably decide to replace the ineffective provision by a legally effective provision, which comes closest to the commercial purpose of the ineffective one. The aforementioned provision shall accordingly apply in case of gaps.
Established: April 1, 2017
Rules concerning "FIELD system Partner Association"
1. Name This association shall be named "FIELD system Partner Association" (* 1).
(* 1) "FIELD system" and "FIELD" are registered trademarks of FANUC CORPORATION (hereinafter referred to as "FANUC").
2. Definitions "FIELD system" and "Integrated FIELD system Network" shall be defined as follows:
FANUC's platform software "FANUC Intelligent Edge Link and Drive system" and devices equipped with such software
Integrated FIELD system Network:
A generic term for equipment such as CNC, robots and industrial machines, including machine tools, peripheral devices, and sensors, etc., their networks, networks between the FIELD system, and networks between the upper levels of the FIELD system, etc., integrated by the FIELD system
3. Purpose The purpose of this association is to promote the mutual benefits of FANUC members through interaction between FANUC and members (meaning those who meet the requirements set forth in paragraph 4) and the expansion of the Integrated FIELD system Network.
4. Membership requirements: Membership requirements shall be as follows:
(1) Being a juridical person;
(2) Agreeing with the purpose set forth in paragraph 3; and
(3) Submitting an application for membership in a form prescribed by FANUC and having such application accepted by FANUC.
Admission fees and annual membership fees shall be free of charge.
5. Rights of members Members shall have the following rights with respect to the FIELD system:
(1) Access rights to the members-only website provided by FANUC; and
(2) Rights to produce and apply for the registration of application software and device interface software in operation on the FIELD system (* 2), and to use the following items deemed by FANUC to be necessary for such production and application:
* FANUC's technical information and software such as software development kits
* The test site provided by FANUC
(3) Right to use the "FIELD system Partner" name and logo
(* 2) The registration of application software and device interface software requires the prior approval of FANUC. The particulars of the prior approval for the registration and sale, etc. of application software and device interface software shall be governed by the provisions of the terms and other rules separately stipulated by FANUC.
6. Withdrawal Members may withdraw from this association at any time by informing FANUC of their intention to do so and the reason for their withdrawal.
FANUC may have a member withdraw from this association if FANUC determines that the member may interfere with the operation of the Integrated FIELD system Network, including breaching these association rules.
7. Information management
(1) FANUC shall use the information collected from its members (including personal information) only to improve the functions and quality of the Integrated FIELD system Network and to operate such network, and shall not use the same for any other purpose.
(2) Members shall use the information obtained from this association (including the personal information of members) only to improve the functions and quality of the Integrated FIELD system Network and to operate such network, and shall not use the same for any other purpose.
8. Amendment of these association rules: FANUC may amend these association rules as necessary. FANUC will notify members of the details of amendments by the method prescribed by FANUC.
Established: September 21, 2016