FCNT LLC (the “Company”) requires that you agree to the “FCNT Device Terms and Conditions of Use” (the “Terms”) before using products such as smartphones, tablets, and other mobile devices with the FCNT brand (the “Device”), including the software installed on the Device (the “Software”). Please read these Terms carefully before using the Device or the Software.
By using the Device and the Software, you agree to all the terms and conditions of the Terms.
- Ownership of Rights
- You acknowledge that the Device and the Software are protected by domestic and international laws and treaties that protect patents, trademarks, copyrights, and other intellectual property rights. The copyright in the Software is owned by the Company or the third party that holds such copyright. Additionally, the copyright in third-party applications installed on the Device by you is owned by the third party or another third party that holds such copyright. The Terms do not grant you any rights except as expressly provided herein.
- The following rights belong to you as rights-holder between the Company and you:
- Ownership of the Device (the physical product that you purchased);
- Ownership of other hardware used to access and use the Software; and
- Copyrights to content you create, such as photos, music, and videos.
- The following rights belong to the Company as rights-holder between the Company and you:
- Patents, trademarks, copyrights, and other intellectual property rights related to applications, software, and services developed by the Company and provided for your use.
- Use of the Software and Copyright
The Company grants you the right to use the Software on the Device, subject to your compliance with the Terms. You may use the Software only on the Device as permitted by the Terms and without modification. However, the copyright in the Software remains with the Company or the third party that developed the Software.
- Prohibitions
You may not engage in the following acts when using the Device and the Software:
- Acts that violate applicable laws, guidelines, or public order and morals;
- Acts that infringe upon the intellectual property rights, privacy rights, portrait rights, publicity rights, or other rights of the Company or any third party;
- Distributing, reproducing or copying all or part of the Software;
- Modifying, adapting, processing, or creating derivative works of all or part of the Software;
- Selling, lending, renting all or part of the Software, or sublicensing any rights granted by the Company, or any similar acts;
- Redistributing copies of the Software;
- Modifying the wallpaper set as the default on the Device at the time of shipment, or distributing it to third parties;
- Disassembling, decompiling, or reverse-engineering the Device or the Software;
- Altering the Device, using an altered Device, or engaging in any other acts that violate the Radio Act or the Telecommunications Business Act;
- Engaging in acts that constitute a crime or pose a serious danger, or acts that encourage such acts;
- Acts that interfere with the business operations of the Company or third parties, or acts that damage the reputation or credibility of the Company or third parties; or
- Other acts deemed inappropriate by the Company.
- Prohibition of Transfer
You may not transfer, assign, cause the succession of, or pledge as collateral to a third party any rights or obligations received under the Terms or Conditions.
- Disclaimers and Limitation of Liability
- The Software is provided on an “as is” basis and without warranties of any kind, either express or implied, regarding its completeness, security, usefulness, accuracy, fitness for its particular purpose, or non-infringement of third-party rights.
- Even if the Software includes software developed by a third party, the third-party developers make no warranties regarding the Software.
- In no event shall the company be liable for any damagesof any kind, including lost profits, interruption of business, and data loss, regardless of the form of action, whether in contract, delict (tort), or otherwise resulting from the use or inability to use the software, even if the company has been advised of the possibility of such damages. This limitation shall not apply in cases where the company has acted with intent or gross negligence.
- Liability to Third Parties
- If you cause damage to a third party in relation to the Terms or the Software, or if a dispute arises between you and a third party, you shall resolve the matter and compensate for any damage at your own expense and responsibility.
- In the event that the Company incurs any expenses (including, but not limited to, compensation, settlement, court costs, and attorney’s fees) to a third party in the cases specified in the preceding paragraph, you shall compensate the Company for such expenses.
- The provisions of the preceding two (2) paragraphs shall not apply in cases where the Company has acted with intent or gross negligence.
- High Safety Required Use Situations
The Software is intended for general use, including without limitation, general office use, personal use, and household use, but is not designed and manufactured for the High Safety Required Use Situations. You shall not use the Software without taking sufficient safety precautions as required for High Safety Required Use Situations. A High Safety Required Use Situation refers to use accompanied by fatal risks or dangers, such as indicated in the examples below, such that, unless extremely high safety precautions are taken, these can lead directly to death, personal injury, severe physical damage, or other loss.
Examples of Hight Safety Required Use Situations:
Nuclear reaction control in nuclear facility, aircraft flight control, air traffic control, mass transport control, medical life support system, or missile launch control in a weapon system.
- Term and Termination of Use
- The Company may change all or part of the contents of the Device, the Software, and related services without obtaining prior consent from you.
- The Company may change these Terms without obtaining prior consent from you by posting the changes on our website or by other reasonable means, provided that such changes are in your interest or are deemed reasonable. In such cases, the revised Terms shall become effective on the effective date specified in such notice.
- The Company may terminate your right to use the Software if you breach the Terms or if the Company reasonably believes that you are likely to violate them.
- Governing Law and Jurisdiction
The Terms shall be governed by and construed in accordance with the laws of Japan. In the event of any dispute arising out of or in connection with the Terms or the use of the Device or Software, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.
- Miscellaneous
- If any part of the Software is accompanied by separate “Terms of Use” or “License Agreement,” etc., those terms shall supersede these Terms and Conditions.
- The Device incorporates certain functions developed by our group company (Motorola Mobility LLC).
For the terms of use of our group company applicable to the Device, please refer to the following:
Motorola Experience Terms and Conditions