Article 1 【Purpose】
The purpose of this Agreement is to stipulate the conditions, the procedures and other details necessary for you to use the Wayne Software.
Article 2 【Definitions】
① The following words and terms shall have the meanings set forth below when they are used in this Agreement.
(a) The “Wayne Software” means all the software such as program installer, the operating system sold by Wayne or offered on the Wayne website (www.wayne-inc.com). The Wayne Software may include computer software, recording medium, prints, online or electronic documents with all execution files, data files, additional functions, user manual, help files, and other files.
(b) “You” or “Your” means an individual user or entities (unincorporated entities, corporations, businesses, NGOs, civic groups, educational organizations, quasi-government agencies, government agencies, state, etc.) that have installed, distributed or used part or all of the Wayne Software.
(c) “Use” means storing onto temporary memory or permanent memory Ram, removable storage device or other storage devices or all other acts to install, execute or display the Wayne Software.
(d) “Computer” means a desktop computer, notebook computer, server computer, local and client computer, IBM computer, MAC computer, Chromebook, tablet PC, etc., within the context.
(e) “Distributor” means someone who entered into a business partner contract on matters of handling or supplying such as exclusive distributors and resellers or someone who is granted a right from Wayne to sell the Wayne Software.
(f) “Removable Storage Device” means USB flash drive, Memory card, External/Portable Disk Drive, CD-ROM, Diskette, etc.
(g) “Personal Information” means the information about a live person used for recognizing a person by a name, resident registration number, and a picture.
② Terms not defined in Article 2.① will be governed by the Wayne Homepage or the applicable laws or regulations. Otherwise, it shall be subject to the customary practice.
Article 3 【Intellectual Property Rights】
① All patents, copyrights, trademark rights, and all other intellectual property rights of the Wayne Software (the “Intellectual Property Rights, etc.”) belong to Wayne and are protected under the applicable laws or regulations and international treaties.
② Installation, use or distribution of the Wayne Software does not constitute a transfer of Intellectual Property Rights, etc., of the Wayne Software. You are simply granted a right to use the Wayne Software.
③ The permission of the right to use in this Agreement shall not be interpreted as transfer or sale of the Intellectual Property Rights, etc., of the Wayne Software.
Article 4 【Open Source]
① The Wayne Software may include specific software utilizing open-source software or library. The license to the open-source software is granted to you in accordance with the terms and conditions of its proprietary applicable license.
② You may read the details including the terms and conditions of the individual licenses and relate documents, other data, an indication of copyright, etc. on the open-source website of Wayne (wayne-inc.org), which may be changed by the licensor of such a license without informing or notifying you.
③ In case there is any conflict between the terms and conditions of the license to the open-source software and those of this Agreement, the terms of the license to the open-source software shall prevail within the context.
④ You may receive a copy of the open-source file from the open-source website of Wayne in accordance with the terms and conditions of the license to the open-source software (you may receive a copy of the open-source file, not posted on the website as the case may be, through the contact information stated in this Agreement).
⑤ The open-source software, which is distributed for fair use, does not provide any warranty in any form including but not limited to an implied warranty on fitness for a particular purpose or on the possibility that it can be used for sale.
⑥ Wayne, the licensor of such an open-source license, distributors shall not be liable for any and all damages or losses arising out of your use of the open-source software to the fullest extent as permitted by the applicable laws, even if the possibility of such damages or losses are or may be known in advance.
Article 5 【Your Rights and Responsibilities】
① You are granted from Wayne a non-exclusive right to use the Wayne Software during your use of the Wayne Software upon your agreement to the terms and conditions of this Agreement.
② You may use the Wayne Software for non-profit purposes on the Computers used for non-profit purposes.
③ You must obtain prior written consent from Wayne if you want to use the Wayne Software for the purpose other than nonprofits (for other purposes including business, fame, etc.). Wayne shall not be responsible for the consequences resulting from your use of the Wayne Software for the purpose other than nonprofits or from business activities with the Wayne Software. In the event that Wayne incurred any damages or losses due to your use of the Wayne Software for the purpose other than nonprofits or due to business activities with it, you shall indemnify Wayne for the damages or losses.
④ You shall not assign or give permission to a third party without the prior written consent of Wayne the right or the contractual status as a party hereto to achieve the right to use the Wayne Software.
⑤ You shall not use the Wayne Software to defame Wayne or a third party, produce obscene or anti-social products, or engage in any activity that may violate related laws or social trade rules.
⑥ You shall be responsible for all your acts and activities and you shall not engage in any activities that may be construed as if you are representing Wayne or doing on its behalf.