For the use of the Annealing Cloud Web (defined in Article 1), developed by Hitachi, Ltd. (hereinafter "Hitachi"), individuals or legal entities who are to use the Annealing Cloud Web (hereinafter "User" or "Users") shall comply with this User Agreement (hereinafter "Agreement").
Article 1. (Definitions)
In this Agreement, the following terms shall have the meanings specified below:
- "CMOS Annealing Machine" means a new type of semiconductor computer developed by Hitachi that solves combinatorial optimization problems through convergence behavior obtained by mapping of such problems onto the Ising model, which represents the motion of the spinning of magnetic material.
"Annealing Cloud Web" means a trial environment, where a system using the CMOS Annealing Machine is implemented as a cloud system, provided via the internet.
"Data" means the data that Users input into the Annealing Cloud Web, including information that the Users provide separately to Hitachi concerning the Annealing Cloud Web (hereinafter "Input Data"), and the data of the results output by the calculation of the Annealing Cloud Web (hereinafter "Output Data").
Article 2. (Use of the Annealing Cloud Web)
- The Users may use the Annealing Cloud Web free of charge. For the avoidance of doubt, the Users may not copy, reproduce, modify, transmit, assign, transfer, lease, or translate any software related to the Annealing Cloud Web.
- The Annealing Cloud Web shall be governed by the laws of Japan in accordance with Article 14 and may be used both in Japan and in other countries. However, if the use of the Annealing Cloud Web is prohibited by the laws of the country or region where a corporate User was established, or the country of an individual User's legal nationality, use of the Annealing Cloud Web set forth in this Article shall not be permitted.
- A minor may use the Annealing Cloud Web if consent is provided by its parent or legal guardian.
Article 3. (Handling of Data)
- The Users may, for research and development purposes only, utilize, exploit, and disclose (including, but not limited to, publish and publicly present) the Output Data free-of-charge and on a non-exclusive basis.
- In the event that a User discloses the Output Data under Article 3.1, the User shall contact Hitachi by the inquiry form of the website of the Annealing Cloud Web, before or promptly after the disclosure.
- Hitachi and its affiliates may, free-of-charge and on a non-exclusive basis, utilize, exploit, disclose (including, but not limited to, publish and publicly present), and grant a right to utilize and exploit the Data (except for personal information disclosed by the Users).
Article 4. (Suspension, Interruption, and Termination of the Annealing Cloud Web services)
In any of the following cases, Hitachi may suspend, interrupt, or terminate the service of all or part of the Annealing Cloud Web. In addition, even if the Users suffer damage due to such suspension, interruption, or termination, Hitachi shall not be responsible for such damage.
- Inspection or maintenance work for the computer system is being conducted.
The supply of electric power, communications lines, or any other infrastructure is suspended, or any failure in such infrastructure occurs.
A failure occurs due to force majeure, such as natural disasters.
Hitachi deems that suspension, interruption, or termination is necessary.
Article 5. (Prohibitions)
In using the Annealing Cloud Web, Users shall not engage following prohibited actions. If any User has conducted any of the following prohibited actions or has violated these terms of this Agreement, Hitachi may immediately terminate any licenses granted hereunder.
- Connecting, to the Annealing Cloud Web, equipment for which security patches or virus countermeasures are not applied
Leasing or disclosing a password (including an access token) for the website of the Annealing Cloud Web to a third party
Taking other actions that are offensive to public order and morals, or that violate or are likely to violate laws and regulations
Article 6. (Intellectual Property Rights)
- No license or other rights to and under intellectual property rights owned by Hitachi concerning the CMOS Annealing Machine and the Annealing Cloud Web is granted under this Agreement, unless otherwise specified herein.
- Any inventions and other results created in the course of the use of the Annealing Cloud Web and the intellectual property rights pertaining thereto (collectively "Created IPR") shall belong to the individual or legal entity which create such inventions or intellectual property rights.
- Users shall grant Hitachi and its affiliates a royalty-free and non-exclusive license with the right to sublicense to any party, to utilize and exploit the Users’ Created IPR related to the CMOS Annealing Machine and the Annealing Cloud Web.
Article 7. (Handling of Personal Information)
- Hitachi shall, based on its policies for the handling of personal information (including the Personal Information Protection Policy), protect and manage personal information provided as a part of user registration or inquiries to the website of the Annealing Cloud Web with the greatest care and utmost effort.
- Personal information provided as a part of user registration or inquiries to the website of the Annealing Cloud Web shall be used for the following purposes:
- Response to various User inquiries related to the Annealing Cloud Web
- Provision, operation and management of the Annealing Cloud Web and account management (including user registration) of the Annealing Cloud Web
- Inquiries and contacts from Hitachi to Users pertaining to the use of the Annealing Cloud Web
Article 8. (Export Control)
- Users shall not utilize the Annealing Cloud Web and the Output Data for any purpose that hinders the maintenance of international peace and safety, and shall not disclose or transfer the Annealing Cloud Web and the Output Data to any third party with such intention.
- In utilizing the Annealing Cloud Web and the Output Data, the Users shall comply with the Foreign Exchange and Foreign Trade Act and all cabinet orders and ministerial ordinances in relation thereto, as well as laws, regulations, and rules related to any export control of the export destinations.
Article 9. (Support)
- Hitachi shall not be obligated to provide any support regarding the use of the Annealing Cloud Web by Users.
- Even in the case where Users provide their opinions and other feedback obtained from the use of the Annealing Cloud Web, for the purpose of improving performance, Hitachi shall not guarantee that any provided opinions and other feedback shall be applied.
Article 10. (Changes to this Agreement and to the Annealing Cloud Web)
- Hitachi may, without any notice to the Users, change these terms of this Agreement and the Annealing Cloud Web.
- If any change is made to these terms of this Agreement, such information shall be posted on the Annealing Cloud Web website.
Article 11. (No Warranty)
Under this Agreement, the Annealing Cloud Web and the Output Data shall be provided as-is. Hitachi disclaims all warranties with respect to the Annealing Cloud Web and the Output Data, including any warranties of safety, accuracy, completeness, usefulness, fitness for a particular purpose, or non-infringement of a third party’s intellectual property rights.
Article 12. (Disclaimer)
- The Users shall utilize the Annealing Cloud Web and the Output Data at their own discretion and under their own responsibility. Hitachi shall not be liable for any direct and indirect damage incurred by the utilization of the Annealing Cloud Web and/or the Output Data.
- Hitachi shall, unless otherwise specified herein, assume no responsibility or obligation regarding the management and storage of the Data.
Article 13. (Miscellaneous)
- The Users shall not transfer information provided by Hitachi and any or all parts of the rights and obligations hereunder to any third party.
- If any other agreements exist between the Users and Hitachi, the provisions hereof shall prevail.
Article 14. (Governing Law and Jurisdiction)
- This Agreement and the Annealing Cloud Web shall be governed by the laws of Japan, without reference to the principles of conflicts of laws.
- Any disputes arising from these terms of this Agreement or the utilization of the Annealing Cloud Web shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.