sMedio Single End User Software License Agreement

This sMedio Single End User Software License Agreement ("Agreement") is a legal agreement between you and sMedio Corporation ("Company") for the software product ("Product") provided with this Agreement.

By commencing use of the Product, you agree to all of the terms and conditions of this Agreement. If you do not agree to all of the terms and conditions of this Agreement, no license to the Product is granted.
This Agreement shall begin upon your acceptance of this Agreement, i.e., when you begin using the Product, and shall end when you uninstall the Product from all devices in your possession, and shall remain in effect during such period.

Article 1 Definitions

1. Product" means the software provided with this Agreement. The Product includes computer software, but may also include related online documentation, electronic documentation, and physical media; concurrent mobile applications; cloud server systems used by the Product; and services provided by the Product.
2. License" means the right to use the Product as granted herein solely to you.
3. Customer" means the individual or legal entity that has acquired the Product provided with this Agreement by downloading or other means.
4. An "app store" is a service provided by a third party (e.g., Google Play Store, App Store, Microsoft Store) that downloads and distributes the Product and acts as a billing and collection agency.
5. A "Device" is a computer equipment (e.g., personal computer, smart phone, tablet device, internet-capable TV, recorder, etc.) for using the Product.

Article 2 Copyright

1. This product is protected by the copyright laws of Japan and by international copyright treaties and other intellectual property laws and treaties.
2. This Product may incorporate or integrate software and other technologies owned and controlled by third parties. Any such third party software or technology incorporated in or linked to the Product is covered by this Agreement.

Article 3 Grant of License

1. You acquire under this Agreement only a non-exclusive, non-transferable right to use the Product in accordance with the terms of this Agreement. You may not rent or transfer the acquired license to the Product to any third party.
2. You may download and use the Product on multiple devices owned by you in accordance with the provisions of the App Store. The maximum number of devices that may be used is the maximum number specified in the app store or the maximum number functionally limited by the Product, whichever is less.

Article 4 Usage Fees

1. The cost of Internet access necessary to use the Product shall be borne by the Customer in accordance with the contract between the Customer and the operator of the Internet access service used by the Customer.

Article 5 Restrictions

1. In using the Product, you shall not do any of the following
   A) Acts in violation of laws and regulations
   B) Actions that lead to or encourage criminal or seriously dangerous activities.
   C) Acts against public order and morals
   D) Any action that interferes with the Company's or a third party's business or undermines trust in the Company or a third party
   e) Acts that cause emotional or financial harm to third parties.
   F) Infringement of intellectual property rights, privacy rights, portrait rights, publicity rights, or any other rights of the Company or any third party
   G) Using or providing harmful programs such as computer viruses through the Product.
   H) Reverse engineering, decompiling or disassembling the Product
   I) Duplication, modification, etc. of the Product, in whole or in part.
   J) Redistributing, transferring, or lending all or part of the Product or its license to a third party.
   K) Removing copyright and other rights notices from the Product and related materials.
   L) Other activities that the Company deems inappropriate.

Article 6 Scope of Warranty and Compensation

1. Although this product has been tested in our own environment, we do not guarantee that it will work in all environments, and it may not work properly depending on your environment.
2. If Minebea deems it necessary to correct defects or change specifications, etc., for the Product, Minebea will revise the Product. However, the Company does not guarantee that the Product will be free from defects or that such defects will be corrected.
3. You agree that the Product may be revised or modified from time to time. The revised Product will also be governed by this Agreement unless a separate License Agreement revision is indicated.
4. Even if the Company is responsible for any damage caused by the Client, the Company shall not be liable for such damage, except in the case of willful misconduct or gross negligence on the part of the Company.
5. You shall be solely responsible for any and all actions taken by you using the Product and for any damages caused to you or any third party as a result thereof.
6. You shall be solely responsible for any direct or indirect damage (including cases where the Company or you foresaw or could have foreseen the occurrence of damage) resulting from inability to use the Product, damage to your device caused by your use of the Product, or loss of data transmitted or received.

Article 7 Acquisition of Information

1. This product has functions for sending and receiving customer data. For functions that send and receive customer data (including files, device identification information, and usage history information) over the Internet, customer data may be temporarily or long-term stored on servers managed by the Company for the purpose of providing such functions. We will not view, disclose, or provide your data to any third party without your consent. However, this does not apply when disclosure is required by law.
2. We may use your data in a non-personally identifiable form only to provide and improve the features of the Product, but you continue to retain ownership of the intellectual property rights to your own content.
3. Other matters related to the handling of users' personal information in this product shall be handled by the Company to the extent necessary to achieve the stated purpose of use in accordance with the Privacy Policy separately stipulated by the Company.

Article 8 Modification of this Agreement

1. If there are any changes to this Agreement, we will notify you by posting a notice in the revised Product, on the page for the Product in the app store, or on our website. The Company may change the contents of this Agreement without the prior consent of the customer, and any changes shall become effective at the earliest time of installation of the revised Product, or at the earliest time of posting in the revised Product, on the Product page of the app store, or on the Company's website, and all matters related to the Product shall be subject to the revised terms and conditions. All matters related to the Product shall be in accordance with the revised terms and conditions.

Article 9. Mandatory Termination of this Agreement

1. We may terminate this Agreement and the provision of the Product to you if we determine that you fall into any of the following categories
   A) In the event of a breach of this Agreement
   B) In any other case where Minebea deems it appropriate to terminate this Agreement involuntarily.

Article 10 Compensation for Damages

1. We may make a claim against you for damages if you violate the terms of this Agreement or cause damage to us through unauthorized use of the Product, regardless of whether or not you have malicious intent.

Article 11. Suspension or Termination of Provision of the Product

1. MUTOH HOLDINGS reserves the right to suspend or discontinue provision of the Product, in whole or in part, without prior notice to you, in any of the following cases We shall not be liable for any damages whatsoever due to the suspension or interruption of the provision of the Product.
   A) When inspecting or maintaining the facilities necessary for the provision of this product on a regular or urgent basis
   B) In the event of failure of equipment related to the Product
   C) In the event that the operation of this product becomes impossible due to force majeure such as fire, power outage, natural disaster, etc.
   D) In any other cases where we deem it necessary to suspend or discontinue the service.
2. MEDINET reserves the right, at its own discretion, to terminate the provision and license of the Product. In the event of termination, however, prior notice will be posted in the revised Product, on the Product page of the app store, or on the Company's website.

Article 12 Exclusion of Antisocial Forces

1. The customer (in the case of a corporation, including its officers and employees) (in the case of a corporation, including its officers or employees) is found to be a crime syndicate, a member of a crime syndicate, a person for whom five years have not passed since he/she ceased to be a member of a crime syndicate, or any other antisocial force, or a person having a close relationship with them ("antisocial forces, etc."), or the customer uses them to damage our honor or trust, or to obstruct our business (including any act that could lead to such an act), or the customer has unjustly benefited from them. (including any of the acts or threats of such acts), or that the customer has allowed antisocial forces, etc. to gain an undue advantage, the Company may terminate this Agreement without any notice. In no event shall we be liable for any damages incurred by you as a result of such termination.

Article 13 Governing Law and Agreed Jurisdiction

1. This Agreement shall be governed by the laws of Japan.
2. The Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction in the first instance over any disputes arising in connection with this Agreement.

Article 14 Severability of this Agreement

1. If any provision of this Agreement is held invalid, the remaining provisions of this Agreement shall remain in full force and effect.

Copyright (c) 2022 sMedio, Inc. All rights reserved worldwide.

1/25/2022 First edition
Revised 7/24/2023