SOFTWARE License Agreement

This License Agreement is an agreement concerning use of the Voice Recognition Daily Assistant “Wake Me Up Asuna” (the “Software”) smartphone application with voice control functions provided by Sony Music Communications Inc. (the “Company”) to the Customer. It is necessary for the Customer to consent to this License Agreement in order to use the Software.


Article 1. Ownership of Intellectual Property Rights

1. The Software is an application that uses voice control technology owned by Sony Corporation (“Sony”), and the copyrights and other intellectual property rights relating to the Software (“Intellectual Property Rights”) are owned by the Company or third parties (including Sony) with which the Company has contractual relationships.
2. The Intellectual Property Rights do not transfer to the Customer in conjunction with use of the whereby the Customer.

Article 2. Provision for Use

The Company grants to the Customer a nonexclusive license for personal use of the Software on smart phones and other devices (“Devices”) that use an Android operating system compatible with the Software and that are owned by the Customer.

Article 3. Restrictions on Use

The Customer may not engage in any of the conduct set forth in the following items.
(1) Reproduce the Software in part or in whole for purposes that exceed the use specified in Article 2;
(2) Allow third parties to use the Software in part or in whole;
(3) Modify the Software in part or in whole; or
(4) Reverse engineer, reverse assemble, reverse compile, or otherwise analyze the Software in part or in whole.

Article 4. Collection and Use of Information concerning the Customer

1. In conjunction with use of the Software by the Customer, the Company shall gather the information set forth in the following items (the “Information”) in the form of statistical data that does not allow for identification of the Customer. Further, the Company shall provide the Information to Sony.
(1) Identification numbers automatically generated by the Device in conjunction with use of the Software;
(2) The status of movement of the Device and the structural components of the Device;
(3) Information relating to software other than the Software used on the Device;
(4) Information relating to the particulars of use, frequency of use, and other use history of the Software by the Device; and
(5) Location information regarding the Device.
2. The Company shall use the Information only to the extent necessary to achieve the objectives set forth in the following items. Further, the Company shall allow third parties (including Sony) to use the Information only to the extent necessary to achieve those objectives.
(1) To correct errors, bugs, and other defects that occur in the Device from use of the Software;
(2) To develop and provide update versions or upgrade versions of the Software;
(3) To develop and improve products, software, and services of the Company, Sony, and Sony affiliates;
(4) To provide information relating to products, software, and services of the Company, Sony, and Sony affiliates; and
(5) To comply with laws and regulations.
3. Notwithstanding the preceding paragraph, if the Company receives a demand from a governmental agency or court pursuant to laws and regulations, the Company may disclose Information in accordance with that demand.

Article 5. Connection to Internet Lines

1. For Customer to use the Software, it is necessary for Customer’s Device to connect to Internet lines.
2. The communications specified in the preceding paragraph shall be performed under the Customer’s responsibility and at the Customer’s expense.
3. The communications specified in Paragraph 1 shall be conducted continuously as a result of use of the Software. Consequently, the Company recommends that Customer subscribe to a fixed-rate data communications plan in order to use the Device.

Article 6. Purchase of Items

1. The Customer can purchase Items provided by the Software through GooglePlay.
2. The Customer cannot convert purchased Items to cash.
3. When purchasing Items, the Customer must comply with GooglePlay rules. In particular, when a minor Customer purchases Items, it may be necessary to obtain the consent of a parent or guardian pursuant to those rules.

Article 7. Guarantees

The Company makes the guarantees set forth in the following items to the Customer.
(1) The Software was lawfully developed without infringing on the intellectual property rights of third parties.
(2) The Software is lawfully provided without infringing on the intellectual property rights of third parties.

Article 8. Exclusions

1. The Customer acknowledges in advance that the Software may cause errors or contain bugs or other defects.
2. The Customer acknowledges in advance that use of the Software may cause defects to the Device.
3. The Customer acknowledges in advance that the Software may not operate exactly as set by the Customer. Accordingly, if the Customer uses the Software as an alarm clock function, it is recommended that the Customer concurrently use other software with an alarm clock function or an alarm clock.
4. The Customer acknowledges in advance that the speaking function of the Software does not function perfectly and that errors may occur. The Customer acknowledges in advance that there is a high probability that personal names in particular will be read incorrectly.
5. The Customer acknowledges in advance that the Software will not provide only the information desired by the Customer to the Customer. The Customer acknowledges in advance that, for example, there is a possibility that by using the Software the Customer will inadvertently learn information that the Customer does not yet know or does not want to know.

Article 9. Provision of Update Versions

1. The Company may automatically provide update versions or upgrade versions of the Software to the Customer in order to make improvements to the Software functions or to correct errors, bugs, or other defects. This License Agreement shall apply to those update versions or upgrade versions as well.
2. The Customer acknowledges in advance that as a result of the provision of update or upgrade versions specified in the preceding paragraph, functions may be added to, modified, or removed from the Software.

Article 10. Discontinuation of Use

1. The Company may at its discretion suspend or terminate provision of the Software to the Customer.
2. The Customer acknowledges in advance that use of the Items purchased by the Customer pursuant to Article 6, Paragraph 1 may no longer be possible as a result of the suspension or termination specified in the preceding paragraph. Further, the Customer acknowledges in advance that the customer may not demand any compensation whatsoever from the Company for Items that are no longer usable.

Article 11. Compensation for Damage

If the Customer causes damage to the Company or third parties (including Sony) as a result of breach of this License Agreement, the Customer shall be liable to pay compensation for that damage.

Article 12. Revision of this License Agreement

The Company may revise this License Agreement in part or in whole upon the provision of prior notice to the Customer on the official website of the Software or by such other method determined to be appropriate by the Company.

Article 13. Other Provisions

1. This License Agreement shall be governed by and construed in accordance with the laws of Japan.
2. This License Agreement does not improperly modify any Customer rights protected by the Consumer Contract Law or other laws and regulations.
2. This License Agreement does not improperly modify any Customer rights protected by the Consumer Contract Law or other laws and regulations.