Terms of Service
THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND CGIKK.
This EULA agreement governs your acquisition and use of our LEAP software ("Software") directly from CGI,K.K. (CGIkk) or indirectly through a CGI, K.K. authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the LEAP software. It provides a license to use the LEAP software and contains warranty information and liability disclaimers.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by CGI herewith regardless of whether other software is referred to or described herein. The terms also apply to any CGI updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
CGI hereby grants you (LEAP User) a personal, non-transferable, non-exclusive license to use the LEAP software on your devices in accordance with the terms of this EULA agreement.
CGI shall own all right, title and interest in and to any suggestions, requests or recommendations for improvements or enhancement to the Software or other feedback that the User may (alone or jointly with Service Provider) propose or make during the term of this Agreement ("Feedback"). User irrevocably assigns all its right, title and interest in and to the Feedback to CGI and User shall cause the User personnel, consultants and subcontractors to irrevocably waive, to the extent permitted by applicable law, any and all claims such User’s personnel, consultants and subcontractors may now or hereafter have in any jurisdiction to any moral rights with respect to the Feedback.
You are permitted to load the LEAP software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the LEAP software.
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things.
- Reproduce, copy, distribute, resell or otherwise use the Software or it's intellectual content for any commercial purpose.
- Allow any third party to use the Software on behalf of or for the benefit of any third party.
- Use the Software in any way which breaches any applicable local, national or international law.
- Use the Software for any purpose that CGI considers is a breach of this EULA agreement.
CGI shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of CGI. CGI reserves the right to grant licenses to use the Software to third parties.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to CGI.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement,shall be governed by and construed in accordance with the laws of Japan applicable therein, without reference to its principles of conflicts of laws. Each of the Parties irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of Japan. This choice of jurisdiction shall not prevent any Party from seeking injunctive relief with respect to a violation of confidentiality obligations or enforcement or recognition of any award or order in any appropriate jurisdiction.
Use: Each Party (“Recipient”) shall hold in the strictest confidence any and all non-public, confidential or proprietary information (“Confidential Information”) of the other Party (“Discloser”) received from Discloser or otherwise obtained and use such Confidential Information only for the purposes of performing its obligations hereunder. Discloser’s Confidential Information shall remain the exclusive property of Discloser (or its licensors).
Disclosure: Recipient shall not, without Discloser’s prior written consent, disclose Discloser’s Confidential Information to any third party, except to those of its employees, consultants and subcontractors who have a need to know Confidential Information for the purpose of this Agreement.
Exceptions: The restrictions imposed by this Section shall not apply to Confidential Information which (i) is or becomes generally known or available to the public without breach of this Agreement; (ii) is known to Recipient at the time of disclosure of such Confidential Information provided that such knowledge was not gained from third parties through breach of secrecy; or (iii) is hereafter furnished to Recipient in good faith by a third party without breach of secrecy to Discloser.
Injunctive Relief: Upon any breach of confidentiality or any threat thereof, Discloser shall, in addition to whatever remedies it might have, be entitled to obtain injunctive relief against the threatened breach of this Agreement or the continuation of any such breach, without the necessity of proving actual damages.
Survival: The obligations of the Parties under this Confidentiality Section will commence on the Effective Date and shall survive for 7 years after the termination of this Agreement.
User shall indemnify, defend and hold CGI harmless against any and all claims, actions, losses, expenses, damages, costs and fees (including reasonable legal fees and expenses ) of every nature and kind whatsoever which CGI, its shareholders, directors, officers, representatives, employees and agents ("Representatives") may suffer (i) in connection with any alleged or actual damage to a third-party property by User or any of its Representatives while using the Services or (ii) as a result of the willful misconduct or negligence of User or any of its Representatives.
Warranty Disclaimer. CGI expressly disclaims on its behalf and on behalf of its Affiliates, shareholders, officers, directors, employees and subcontractors all representations, warranties and conditions express, legal or implied not contained herein, including representations, warranties and conditions of MERCHANTABILITY, quality, performance, FITNESS FOR A PARTICULAR PURPOSE AND ACCURACY.
Exclusion of Indirect Damages. in no event will EITHER PARTY, ITS shareholders, DIRECTORS, officers, employees, LICENSORS and AGENTS be liable to THE OTHER PARTY for any indirect, special, consequential, punitive or exemplary damages (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFITS, LOST OR DAMAGED DATA, LOSS OF USE, BUSINESS INTERRUPTION OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR CAUSED BY ANY OF THE Software, OR THEIR USE, MISUSE OR INABILITY TO USE, even though SUCH PARTY has been advised of the possibility of such damages. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION.
Amount Limitation: THE TOTAL LIABILITY OF CGI FOR CLAIMS BY CLIENT OR ANY OTHER PERSON ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY CLIENT TO SERVICE PROVIDER PURSUANT TO THIS AGREEMENT DURING THE 12-MONTH PERIOD PRECEDING THE EVENT FROM WHICH THE LIABILITY ARISES.
Cookies are text files transferred to your computer or mobile device when you visit a website and store data about Site usage. They allow web services and websites to recognize a user’s device. They are then returned to the original website on each subsequent visit or to any other website that recognizes them. To learn more about cookies, please refer to the cookies page on wikipedia.
The term "Cookie" is used in this policy in a broad sense to include all similar techniques and technologies, including web beacons and log files.
Cookies help us to better understand your use of our Site and, as a result, allow us, among other things, to offer our web visitors a more personalized and consistent experience. Here are examples of the types of information that we collect through cookies:
- Your username, your password, the type of browser used and your IP address
- The number of users visiting individual LEAP pages, the number of clicks made within those pages, and the duration of each page's use.
- Whether you are visiting our service for the first time or not
- Your viewing preferences (e.g. layout, sizing preferences, language etc.)
- The length of your visit so we can log you out after your session has expired
- Notifications for personalized notifications within LEAP
We use first-party and third-party cookies for several reasons. Some cookies are necessary for technical reasons for our Site to operate and/or provide basic functionality to you, and we refer to these as "essential" cookies. Other cookies enable us to track and target the interests of our users and to enhance the experience on our Site. Third parties also serve cookies through our Site for analytics purposes.
These cookies are created by LEAP. They are mostly used to give users the full complement of features that LEAP offers. They may also assist in analytics activities.
In addition to our proprietary cookies, some third-party and affiliated companies may place cookies on your computer, access them and associate web beacons with them. These cookies enable third-party features or functionalities to be provided on or through the Site. The parties that set these third-party cookies can recognize your device both when it visits our Site and also when it visits certain other websites.
The types of first- and third-party cookies we use on the Site are:
- Essential website cookies: These cookies are strictly necessary to provide you with services available through LEAP and to use some of its features, such as access to secure areas, user settings, etc. Because these cookies are strictly necessary to deliver LEAP's functionalities, you cannot refuse them without impacting application's functionality
- Functional cookies: These cookies allow you to use LEAP or benefit from some of its features, such as remembering view settings, language settings, etc. Similar to essential cookies, if these cookies are disabled, it could impact your experience to use some application functionality
- Analytics cookies: These cookies allow us or our third-party analytics providers to collect statistics on the use of LEAP by you and other visitors. Thanks to this information, we are able to improve the features offered within LEAP
The duration of storage of cookies on your device may vary, depending on the category to which they belong: temporary or permanent.
We use temporary cookies on all our secure pages to assign and register a session ID. This way you can use LEAP without interruption. This identifier is also used for internal reporting purposes. It does not allow us to identify you by name and this type of cookie does not leave any information recoverable on your hard drive. Most of our proprietary cookies fall into this category and expire when you close your Internet browser.
Our proprietary analysis cookies and third-party cookies are often permanent cookies. They allow us to understand user's browsing behavior over a longer period of time or to provide you with additional features related to your Site customization requests and the content that you have saved or stored. They can stay on your computer for 24 hours, a week or several years, depending on their function. This means that these cookies survive after your browser is closed and can be used by our Site to recognize your computer when you reopen your browser later.
You can exercise your preference to receive all types of cookies by managing cookies from your web browser. As the means by which to activate or deactivate cookies varies from one web browser to another, you should visit your web browser’s help menu for more information on cookie preferences. You can also configure your browser at any time to be notified of the receipt of a cookie, so that you can decide whether you want to accept it or not. Cookies do not under any circumstances read the data from your hard drive and you can delete them from your computer at any time. At the moment, it is technically impossible for you to synchronize your settings between your browsers and your devices (your computer or your smartphone). You must set them on each browser/device that you currently use and each time you use a new browser or device.
To disable analytics cookies managed by our third-party analytics partners, either use the browser disablement mechanisms discussed immediately above, or use the analytics opt-out mechanisms maintained by our analytics providers such as Google.