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Product Information Management API Service Terms of Use

Article 1 (Purpose)

  1. These Terms of Use (“these API Terms”) are for the purpose of providing the terms and conditions of use that should be complied with by the customer (the “API User”) using the application programming interface and Excel add-in file (the “Product Information Management API Service”) provided through the internet by Murata Manufacturing Co., Ltd. (“Murata”).
  2. The API User shall comply with these API Terms and the contents and terms and conditions of use posted at https://www.murata.com/support/api (including pages linked from this page; the “Developer Page”) when using the Product Information Management API Service.

Article 2 (Applicability of these API Terms)

  1. It is necessary for the API User to use the Product Information Management API Service after consenting to the contents of these API Terms. A Product Information Management API Service Use Agreement containing these API Terms as a part of the terms of contract (the “API Use Agreement”) will be formed at the time of the commencement of the use of the Product Information Management API Service.
  2. If the API User uses the Product Information Management API Service by consenting to these API Terms as a representative or agent of a corporation or other group to which it belongs (“Corporation, Etc.”), the API User shall be deemed to have executed the API Use Agreement with the consent of the Corporation, Etc. and shall have represented that it has the authority and responsibility to cause the effect of the API Use Agreement to reside with the Corporation, Etc. to which the API User belongs. In this case, if the API User were unable to cause the effect of the API Use Agreement to reside with the Corporation, Etc. to which the API User belongs, the API User who used the Product Information Management API Service after consenting to these API Terms would be fully responsible for it, and the performance or cancellation of the API Use Agreement shall be executed at the election of Murata.
  3. If there are separate provisions of license terms or agreed upon terms executed between the API User and Murata related to the use of the Product Information Management API Service, the separate terms shall take precedence over these API Terms.
  4. These API Terms have been created in the Japanese language. If there is a discrepancy between the Japanese-language version and a translated version of these API Terms, the Japanese-language version shall take precedence.

Article 3 (Amendment of these API Terms)

Murata may amend these API Terms at any time at its own discretion, and will post the amended API Terms on the Murata website. If the API User has used the Product Information Management API Service after Murata has posted the amended API Terms, the API User will be deemed to have accepted the amendment.

Article 4 (Commencement of Use of Product Information Management API Service)

  1. The API User may use the Product Information Management API Service in the manner separately provided by Murata in the Developer Page. The API User will be fully responsible for the management of the Product Information Management API Service authentication information issued by Murata (the “API Key”).
  2. The API User shall provide information relating to the API User and the services provided by the API User using the Product Information Management API Service (the “API User Information”) to Murata if it is separately specified by Murata for the use of the Product Information Management API Service. Murata reserves the right to refuse the use of the Product Information Management API Service if it determines that it is inappropriate to approve the use of the Product Information Management API Service by the API User based upon the API User Information.
  3. If the previous paragraph applies, the API User shall provide true and accurate information to Murata. Murata shall have no liability for losses incurred by the API User or third parties due to the API User failing to provide true and accurate information.
  4. Murata will provide all necessary notices to the API User through the Murata website, e-mail, or other methods provided by Murata.
  5. Murata will handle personal information received from the API User pursuant to Paragraph 2 in accordance with the Privacy Policy of Murata.

Article 5 (License)

  1. Murata accepts the non-exclusive and free-of-charge use of the Product Information Management API Service by the API User conditional upon compliance with the provisions of these API Terms and the Developer Page; provided, however, that the API User may not assign the right to use the Product Information Management API Service to a third party.
  2. The API User may only use the Product Information Management API Service for the purpose of developing or providing applications, services, etc. using the Product Information Management API Service (which shall be limited to those that are not identical to services provided by Murata; “User-Provided Services”).
  3. Notwithstanding the provisions of Article 5.1 and Article 5.2, Murata may impose restrictions specified by Murata on the scope of use, number of accesses, access time, display, or otherwise for the application by separate notice or communication to the API User, and the API User shall comply with same.
  4. The API User consents to the monitoring by Murata of the applications provided by the API User and the websites produced by the API User for the purpose of ensuring the credibility of the Product Information Management API Service, and shall represent and warrant that it will not impede such monitoring.
  5. Murata shall be able to request a report, conduct an investigation, or request restriction or stoppage of the use of the Product Information Management API Service against API User, and shall be able to stop the use of the Product Information Management API Service by manipulation on the part of Murata, if it is judged to be inappropriate from the standpoint of the security and user protection of the API User, if the User-Provided Services fail or may potentially fail to meet the standards provided in these API Terms, or if it is determined through objective and reasonable circumstances that there is a violation of these API Terms.
  6. Murata shall be able to change all or part of the specifications of the Product Information Management API Service at any time without notice to the API User.

Article 6 (Intellectual Property Rights)

  1. Intellectual property rights (which shall include copyrights, patents, trademarks, and other property rights; the same applies below) for the Product Information Management API Service shall reside with Murata, and the API User shall not acquire any rights except as provided in these API Terms.
  2. The API User shall not assign intellectual property rights or other rights relating to the Product Information Management API Service to any third party.

Article 7 (Duties of the API User)

  1. The API User shall explicitly state that the applications and related services provided by the API User as User-Provided Services are produced and operated by the API User and that the API User is responsible for them, and shall explicitly state the extent of responsibility of the API User and the users of the User-Provided Services (“Service Users”), to enable the Service Users to understand to the extent that there will be no particular detriments to the Service Users regarding any issues, etc. anticipated with the Service Users.
  2. The API User shall comply with the Act on the Protection of Personal Information, the Act on Specified Commercial Transactions, the Act Against Unjustifiable Premiums and Misleading Representations, the Consumer Contract Act, and other laws and regulations in the operation of the applications and related services provided as User-Provided Services.
  3. If the API User has become aware of unauthorized access, etc., leakage, alteration, etc. of information due to unauthorized access, etc., or a probability of leakage, alteration, etc. of information due to unauthorized access, etc. in relation to the User-Provided Services or the use of the Product Information Management API Service, it shall immediately report same to Murata, investigate, identify, and counteract the causes, and take measures to prevent increases of losses and measures to prevent recurrence (“Loss Mitigation Measures”). In this case, Murata may restrict or stop the use of the Product Information Management API Service until adequate countermeasures and Loss Mitigation Measures are taken.

Article 8 (Limitation of Liability and Disclaimer of Warranties)

  1. Murata shall provide the Product Information Management API Service on an “as-is” basis and have no responsibility for damages or losses incurred by the API User due to additions or amendments to the contents of the Product Information Management API Service or the stoppage or termination of the Product Information Management API Service.
  2. Murata shall provide no warranties of any type, whether express or implied, and shall have no responsibility regarding the matters provided below:
    • (1) The accuracy, reliability, completeness, certainty, usefulness, legality, non-infringement, effectiveness, fitness for a particular purpose, availability, etc. of the Product Information Management API Service;
    • (2) That there are no errors, bugs, glitches, interruptions, or other defects, and that the Product Information Management API Service does not contain computer viruses or other harmful information; and
    • (3) Other matters similar to those listed above.
  3. Murata shall have no responsibility for any degradation of display speed, malfunction, or other inconvenience due to excessive access to the Product Information Management API Service or other unforeseeable circumstances.
  4. Murata shall have no responsibility for leakage, etc. of information occurring in linked applications or third-party services (including servers, etc. used by the API User), and the API User shall provide compensation for all expenses incurred by Murata if Murata has been subject to a claim or pursued for liability by a third party due to such an information leakage, etc.
  5. If Murata has confirmed that the entered API Key matches that of the API User through the method prescribed by Murata, the API User itself shall be deemed to have used it even if the entry was made by a third party. The API User shall appropriately manage the API Key at its own risk, and Murata shall have no responsibility for losses incurred due to theft, misuse, other use by persons other than the API User of the API Key, etc., if it is not attributable to Murata.

Article 9 (Use of Trademarks)

  1. The API User shall be able to use the trademarks of Murata in the manner and to the extent separately prescribed by Murata for the production of applications for the use of the Product Information Management API Service or provision of the User-Provided Services and the provision of services related thereto.
  2. If the API User uses the trademarks of Murata pursuant to Article 9.1, it shall follow the manner and directions separately provided by Murata.
  3. If Murata so requests, the API User shall indicate in the applications provided as User-Provided Services and the services related thereto that they were provided through the Product Information Management API Service.
  4. Notwithstanding the provisions of Article 9.1 through Article 9.3, if Murata determines that the use of trademarks, press releases relating to User-Provided Services, or public announcements by the API User are inappropriate, Murata may request that they cease, and the API User shall comply therewith.

Article 10 (Prohibitions)

  1. The API User shall not engage in any of the acts listed below:
    • (1) Impeding, damaging, restricting, or burdening the appropriate operation of software, hardware, communications equipment, etc. of Murata or third parties through means such as burying computer viruses, or acts that cause a risk of same;
    • (2) Duplicating, altering, disassembling, decompiling, or reverse engineering of programs provided through the Product Information Management API Service, or acts similar to same;
    • (3) Obtaining information or engaging in special access beyond an ordinary extent through scraping, crawling (crawler, robot, spider, or other program), or other similar means;
    • (4) Modifying, altering, or disassembling the Product Information Management API Service, the Developer Page, or other documents or information provided by Murata;
    • (5) Using information obtained through the Product Information Management API Service or an application for purposes other than those provided in Article 5.2 of these API Terms, or duplicating or altering the services of Murata in relation thereto;
    • (6) Selling, lending, leasing, or sub-licensing access to the Product Information Management API Service or the services of Murata to a third party;
    • (7) Using a URL containing a character chain identical or similar to a trademark of Murata in the production of an application;
    • (8) Making improper or excessive requests to the services through the Product Information Management API Service, or excessively accessing or attacking the Product Information Management API Service (whether willfully, negligently, or otherwise);
    • (9) Acting to obfuscate an internet access point;
    • (10) Producing an application containing any of the following:
      • (ⅰ) Content in violation of laws, regulations, other social codes, these API Terms, etc.;
      • (ⅱ) Content in violation of the intellectual property rights or other rights of Murata or third parties;
      • (ⅲ) Content relating to criminal acts, discriminatory expressions, or other contents contrary to public order and morals;
      • (ⅳ) Content inappropriate for viewing by large undetermined numbers of users including minors;
      • (ⅴ) Content that states or implies an affiliation with Murata; or
      • (ⅵ) Other content determined by Murata to be inappropriate; or
    • (11) Acts similar to those listed above or otherwise prohibited by Murata.
  2. Murata shall be able to demand the deletion of all or some content or the stoppage of the provision of all or some applications provided as User-Provided Services or related services thereto by the API User if Murata determines at its own discretion that the API User has committed an act listed in Article 10.1 or there is a risk of same, and the API User shall immediately comply. Furthermore, Murata shall be able to restrict or stop access to the Product Information Management API Service if it has determined that the Product Information Management API Service has been abused or excessively used due to improper or excessive requests as provided in Article 10.1(8).

Article 11 (Interruption, Stoppage, and Termination)

  1. Murata shall be able to interrupt or stop the provision of the Product Information Management API Service without prior notice due to system maintenance, communications outages, or other unforeseeable circumstances. In this case, the API User shall make no demand against Murata for compensation or indemnification in relation to the interruption or stoppage.
  2. In addition to the provisions of Article 11.1, Murata shall be able to interrupt or terminate the provision of the Product Information Management API Service or access from the User-Provided Service applications at any time and for any or no reason by giving notice to the API User or posting notice on the website prescribed by Murata. The API User shall not demand indemnification or compensation from Murata in relation to such an interruption or stoppage.

Article 12 (Compensation and Indemnification by the API User)

  1. The API User shall provide compensation for the full amount (including attorney’s fees) of any losses incurred by Murata, users of the User-Provided Services, or third parties due to a violation of the matters provided in these API Terms or the Developer Page.
  2. The API User shall resolve any claims, demands, or other disputes with Service Users or third parties in relation to the provision and operation of the User-Provided Services at its own risk and expense.
  3. If Service Users have incurred losses in relation to User-Provided Services, the API User shall promptly investigate and identify the causes of same, and shall provide compensation or indemnification for the losses incurred by the Service Users, unless compensation or indemnification is unnecessary pursuant to the terms of use for the User-Provided Services.

Article 13 (Confidentiality Duties)

  1. The API User shall strictly maintain the confidentiality of the specifications of the Product Information Management API Service and other information concerning Murata obtained through the use of the Product Information Management API Service (“Confidential Information”), shall not disclose, provide, or leak it to any third party without the prior written consent of Murata, and shall not use it other than for the purpose of the use of the Product Information Management API Service.
  2. The API User who received Confidential Information (the “Recipient”) shall only disclose it to employees who have a need to know the Confidential Information in order to use the Product Information Management API Service, and shall strictly guide and supervise employees to whom it was disclosed to ensure they do not use Confidential Information other than for the Product Information Management API Service, or disclose, provide, or leak it to third parties. The Recipient shall impose duties upon the employees that are equivalent to its own duties in these API Terms, and shall be fully responsible for all acts of the employees.

Article 14. (Exclusion of Anti-Social Forces)

  1. The API User covenants to the matters provided below:
    • (1) It is not currently a criminal organization, criminal organization member, person who ceased to be a criminal organization member within the past five years, criminal organization quasi-member, criminal organization affiliated enterprise, shareholder meeting racketeer, social movement racketeer, special-ability criminal group, or other analogous person (collectively, “Anti-Social Forces”);
    • (2) None of the following apply to it:
      • (ⅰ) It has a relationship by which Anti-Social Forces can be deemed to control its management;
      • (ⅱ) It has a relationship by which Anti-Social Forces can be deemed to be practically involved in its management;
      • (ⅲ) It has a relationship by which it can be deemed to be improperly using Anti-Social Forces for the purpose of deriving improper benefits for itself, its company, or third parties, causing harm to third parties, etc.;
      • (ⅳ) It has a relationship of cooperation or involvement with the maintenance or operations of Anti-Social Forces through the provision of funding or conveniences to Anti-Social Forces, etc.; or
      • (ⅴ) Its officers or other persons practically involved in its management have socially reprehensible relationships with Anti-Social Forces.
    • (3) It will not, either itself or by using third parties, engage in the following acts in relation to the use of the Product Information Management API Service:
      • (ⅰ) Violent demands;
      • (ⅱ) Demands that exceed legal responsibility;
      • (ⅲ) Use of threatening statements or violence in relation to transactions;
      • (ⅳ) Spreading rumors or using falsehoods or power to impede the business of the other party, harm its credibility, etc.; or
      • (ⅴ) Other acts analogous to those listed in (ⅰ) through (ⅳ).
  2. Should the API User violate the covenants provided in Article 14.1, Murata shall be able to stop all or part of the use of the Product Information Management API Service without any notice being required. In this case, the API User shall make no claim against Murata for any losses or damages incurred due to the stoppage of the use of the Product Information Management API Service.
  3. Should the API User violate the covenants provided in Article 14.1 or there is a risk of a violation, in addition to the provisions of Article 14.2, Murata shall be able to stop the use by the API User of all services provided by Murata, including the Product Information Management API Service. In this case, the provisions of the second sentence of Article 14.2 shall apply mutatis mutandis.
  4. If Murata has stopped use pursuant to Article 14.2 or Article 14.3, the API User shall immediately compensate Murata for all losses incurred.

Article 15 (Cancellation of API Use Agreement)

Murata may immediately cancel the API Use Agreement and stop the use of the Product Information Management API Service by the API User if any of the following events apply to the API User:

  • (1) it has violated the provisions of these API Terms or the Developer Page;
  • (2) it has received an order to stop transactions from a clearing house due to a failure to honor a note or check, or a similar state has occurred;
  • (3) it has received a business cancellation or stoppage or other order from a supervisory authority;
  • (4) it has been subject to a provisional attachment, provisional order, compulsory execution, etc. (except in the case of a third-party obligor);
  • (5) it has stopped payments, become incapable of making payments, has liabilities in excess of its assets, has become subject to grounds for a petition for bankruptcy, corporate reorganization, civil rehabilitation, special liquidation, or other procedures to deal with insolvency (including those revised or enacted after the execution of the API Use Agreement), or has been subject to or made such a petition;
  • (6) it has dissolved other than through a merger;
  • (7) the API User has violated the prohibitions in Article 10 of these API Terms; or
  • (8) other events have occurred by which it can be reasonably determined that it is difficult to continue the API Use Agreement.

Article 16 (Assignment of Rights)

The API User shall not assign or offer as collateral its rights and obligations under the API Use Agreement to a third party without the prior written consent of Murata.

Article 17 (Independent Parties)

The relationship between Murata and the API User is limited to the matters provided in this API Use Agreement. Unless provided in writing based upon a separate agreement between the parties, the execution of this API Use Agreement shall not constitute any other legal partnership, employment relationship, agency, business cooperation relationship, or affiliate relationship.

Article 18 (Severability)

Even if a provision of these API Terms has been invalidated, the validity of the other provisions of these API Terms shall not be affected.

Article 19 (Governing Law and Agreed Jurisdiction)

The interpretation and application of these API Terms shall be governed by the laws of Japan. Furthermore, the Kyoto District Court shall be the agreed upon court of exclusive jurisdiction in the first instance for all disputes relating to these API Terms.

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