English EULA for AiKO

lang:en

#1

End User License Agreement

This End User License Agreement (hereinafter referred to as “Agreement”) applies to the end user (hereinafter referred to as “user”) of this product (as defined in Article 1) and Animen Co., Ltd. (hereinafter referred to as AnimenJP). AnimenJP fully represents its parent company Animen Digital Technology Co., Ltd. in Taiwan in the establishment of this agreement. All users of this product shall be deemed to agree unconditionally and abide by all the terms and conditions of this Agreement from the moment they begin using this product, and shall be bound by law.

Article 1: (Definition)

  1. AnimenJP: full name Animen Co., Ltd. Address: Otowa 2-11-19. Bunkyo-ku. Tokyo, 112-0013. 801 Otowa KS Building.
  2. User: any natural person, organization, or legal entity who legally acquires this product and its right of use according to this agreement.
  3. Product: all components of Synthesizer V 艾可 (AiKO) Voice Database, including but not limited to, all contents in the voice database, copyrighted character images, text, and graphic trademarks, etc.
  4. Voice database: 艾可 (AiKO) Voice Database (including all related updates and upgrades) used for Synthesizer V in this product.
  5. Synthesizer V (hereinafter referred to as SynthV): singing synthesis technology developed by Dreamtonics Co., Ltd. and the software for the application of the technology.
  6. Dreamtonics Co., Ltd. (hereinafter referred to as Dreamtonics): a company collaborating with AnimenJP based in Tokyo, Japan.
  7. Animen: the parent company of AnimenJP in Taiwan, whose full name is Animen Digital Technology Co., Ltd. (Animen Digital Technology Co., Ltd.)
  8. Editor: the software (including all related updates and upgrades) as a part of the Synthesizer V system that uses this voice database to synthesize singing voice or speech.
  9. Synthetic sound: all output audio files generated using this voice database and editor.
  10. Copyrighted character image: the abstract concept built upon what’s depicted by the copyrighted art works displayed in the editor, having certain graphical characteristics, the official name of whose is 艾可 (AiKO).
  11. Use of this product: the partial or complete content, including but not limited to this voice database, being temporarily or permanently stored, or being installed, executed and used on a computer or storage device.

Article 2: (License for use)

  1. When User uses this product, AnimenJP grants the user a non-exclusive, non-transferable, and non-reauthorized right.
  2. User can install and use this product on a total of three computer devices at the same time.
  3. User may use the synthetic sound produced by the product and the copyrighted character image contained therein free of charge in a non-commercial scope, including, but not limited to, non-profit activities, creation, dissemination, publication, etc., and in which cases no additional license from AnimenJP is required.
  4. User with the following intentions of commercial usage of the synthetic sound produced by the product and the copyrighted character image included is obliged to contact AnimenJP. AnimenJP will sign an additional license agreement (based on the circumstances of the agreement, an authorization fee may incur) with the user according to the user’s usage and intention.
    A. The use in commercial multimedia videos whose representation, expression, and communication may be considered to have used the synthetic sound of the product and the copyrighted character image contained, including, but not limited to, advertisement, internet video, animation, films, series, television programs, games, etc.
    B. The use in commercial music products sold by legal entities, including, but not limited to, CD, DVD, records, cassette tapes, MD, hard drives, flash drives, IC memory cards, etc. (hereinafter referred to as commercial music products) made and recorded by legal entities themselves or commissioned by a third party and used for monetary purposes, as well as other recorded content after using the synthetic sound of this product that is publicized and provided for download and use.
    C. The use in commercial advertising partnership, including, but not limited to, the use of personals, brand names, packaging, publicity, video intros, captions, subtitles, and inclusion by any other legal entity’s product as a sound source, etc., as well as any marketing or advertising campaign that can be perceived by any consumer that records the product and function expressed in this Agreement.
    D. The inclusion of the synthetic sound of the product and the copyrighted character image in derivative commercial products, including but not limited to, groceries, clothing and accessories, cosmetics, stationery, toys, food, 3C electronics, and publishing.
    E. An application for permission sent to AnimenJP for any use other than listed in this Agreement is required.
    F. When applying for permission, please contact us as stated on the official distribution channels.
  5. When a user provides a permission to a third party for the use of a synthetic sound or role copyright image generated by this product for the purpose described above, please inform the third party of apriori consultation with AnimenJP.

Article 3: (Prohibited use)
When using this product and when synthesizing sound with this product, the following behaviors are prohibited:

  1. User publicizing or providing download of the the synthesized sound or any form of creations that violates the law, of public interest, of public order, of good morals and customs, or that may cause reputation or interest damage to any third party.
  2. User shall not reverse engineer, copy, or disassemble this product (with what hereinafter referred to as “decompilation”, that is, recompile to source code) for interoperability with other computer programs.
  3. User or third parties developing and distributing softwares containing all or part of the product.
  4. User shall not reproduce all or part of this product (stored in RAM, converted and used in other products or re-sold products in the form of mixing, video recording, signal synthesis, etc., as well as any other possible form available to a third party), openly distribute this product (in open forums, FTP hosts, websites, cloud storage, P2P networks, social networks, etc., as well as any sending method that converts it to an easily-shared product, sending it to a third party, downloading electronic files, or sending to non-specific destinations or Internet storage to which users can log in, or other public means of data transfer), or transfer, borrow, publish, modify, adapt this product.
  5. User shall not tamper with any copyright mark or copyright notice in the copyright image of this product or character.
  6. User may not use this product as any part of a business service, use it for customers, or provide it to customers or allowing the latter to use it, nor may they lend or lease it to any partner or manufacturer.
  7. User may not use this product or the copyrighted character image to produce, distribute, or disseminate works with the following content or message:
    A. Nudity, images, words, speech, dialogue, action, video, or voice expressions with explicit cues or sexual cues that shame or offend an average adult;
    B. Description of the details of robbery, kidnapping, homicide or other criminal acts; killing, mistreating, or abusing animals; suicide; or other crime-inducing actions;
    C. Exhibition of horrifying, bloody, brutal, or perverted circumstances in a strong or impactful manner, unacceptable to an average adult;
    D. Description of drug use, drug trafficking, and other details of drug consumption;
    E. Other descriptions that have an adverse effect on the behavior or mental condition of a person under eighteen years of age;
    F. Description of the details of various types of sexual abuse or rape;
    G. Other content related to pornography, violence, blood, politically sensitive contents, or violations of the local laws, regulations, and public morals where character and voice data are used.
  8. User carrying out other acts violating the provisions of this Agreement.

Article 4: (Statement of rights of the voice database and prohibition of transfer)
AnimenJP has the complete copyright of this product and other relevant intellectual property rights, and the whole or part of its ownership are be transferred to the user with this Agreement. In addition, the right to use this Agreement shall be authorized only to the users of this product. User shall not assign the rights to any third party outside of this Agreement, nor shall the user who accepts the transfer of second-hand products have the right to inherit.

Article 5: (Disclaimer)

  1. AnimenJP provides no guarantee for the use or operation of this product, and all risks arising from the use of this product shall be at the user’s own expense. AnimenJP will not and cannot guarantee that user will obtain any operational results by using the product and its associated features. AnimenJP shall not guarantee an express or implied warranty that this product will not infringe on the rights of the cooperating company, that this product is suitable for sale, or is applicable to any particular purpose. In no case shall AnimenJP be liable to the user for any consequence, incident, or special damage, including any loss of profits or benefits. Even if AnimenJP has been informed of the possibility of such damage, AnimenJP is not obligated to the user with respect to any claims from a cooperating company.
  2. AnimenJP may change the content of this Agreement directly without informing the user. The details of the change will be published on the official website. If the user agrees and continues to use this product, this Agreement shall be valid.

Article 6: (Termination of contract)

  1. This Agreement terminates automatically if any of the following circumstances occurs.
    A. If the user violates the terms of this Agreement (this does not affect AnimenJP’s compensation claims against the user and the implementation of other legal measures).
    B. AnimenJP notifies user of termination at any time.
    C. When User deletes or erases this product as well as its copies or uninstalls it at any time.
  2. Upon termination of this Agreement, the user shall remove this product and all copies of this product created during the usage.
  3. The provisions of Articles 2 to 8 shall remain applicable upon termination of this Agreement.

Article 7: (Applicable law)
The application and interpretation of this Agreement conform with the laws of Japan. If the above provisions are found to be inconsistent with the regulations, the corresponding part shall be void, but this shall not affect the validity of the other parts.

Article 8: (Jurisdiction court)
All disputes related to this Agreement shall be dealt with by the Tokyo District Magistrate’s Office or the Tokyo Summary Court of first instance as the jurisdiction court.

Article 9:

  1. When the mainland of the People’s Republic of China (except Taiwan, Hong Kong, Macao, hereinafter referred to as Mainland China) uses the synthetic sound generated by this product as stipulated in the regulations of Paragraph 4 of Article 2, please consult AnimenJP and the general agent of AnimenJP in mainland China, Beijing Photek S&T Development Co., Ltd., hereinafter referred to as Photek, in advance. An agreement is stipulated and signed between the user and Photek and the content of which is stipulated by Photek.
  2. In accordance with Paragraph 5, Article 2, users should inform the third party to contact AnimenJP and Photek.