(5) Upgrade "Upgrade" means a major-scale release of a product with introduction of a new function or improvement in the key functionality of the Software. Except as specified in this Agreement, the Client may not provide any third party the whole or part of functions of the Software, nor may the Client receive from any third party a consideration for the use of the Software, no matter what the purpose of use is.
Release of an Upgrade may be confirmed by a change of the figure before the decimal point of the version number. Six Apart shall be entitled to determine whether the use by the Client is pursuant to this Agreement or not.
Support by email, phone, and instant messenger is not available. If you wish to receive support through mediums other than email or need help with commissioning website construction, please contact Six Apart’s support partner.
Help with errors / malfunctions that occur while using Movable Type.
(2) The amount of accumulated damages payable by Six Apart to the Client shall be up to the amount of fees paid by the Client to Six Apart during the latest twelve (12) months, not only where the court of competent jurisdiction rejected the limitation on liability for any contingent or indirect damage and the limitation referred to in Paragraph 1 does not apply to the Client, but in all other cases. General Provisions (1) This Agreement shall be governed by and construed in accordance with the laws of Japan. The Client hereby agrees that it shall not indicate or use such trademarks in any manner whatsoever without prior written consent of Six Apart.
This Agreement shall constitute an entire agreement between the Client and Six Apart, and the Client shall use the Software in accordance with the provisions of this Agreement. (8) To the extent not significantly prejudice the benefit of the Client, the Client shall acknowledge that Six Apart may amend or modify this Agreement without consent of the Client.
Six Apart shall not provide security or guarantee of any kind whatsoever, whether express or implied, including, but not limited to, an implied security or guarantee concerning the merchantability and suitability to any specific objectives.
(2) Any and all risks pertaining to the quality and performance of the Software, program errors in the installation and use, damage to devices, loss of data and software programs, nonperformance or suspension or otherwise shall be borne by the Client.
(4) The Software shall be the "commercial item" defined in the United States 48 C. All queries are answered through the online ticket support system.
In such cases, considerations having been paid for the Software and technical supports shall not be refunded for any reason whatsoever. (6) The Client may not assign, transfer, pledge or otherwise dispose of its contractual status or rights or obligations under this Agreement without prior written consent of Six Apart, and any assignment, transfer, pledge or other disposition contradicting the above shall be invalid.
Provisions relating to "Limitation on Guarantee relating to Function of Software," "Indemnification," "Limitation on Liability" and "General Provisions" shall survive the termination of this Agreement. Indemnification The Client hereby agrees to indemnify Six Apart, any of its officers, employees, agencies, subsidiaries, affiliates and other partners for liabilities for any direct, indirect, contingent, exceptional, consequential or punitive damage arising from the Client's use of, or otherwise in connection with, the Software. Limitation on Liability (1) The Client specifically understands and acknowledges that, Six Apart shall not assume liabilities for any direct, indirect, contingent, exceptional, consequential or punitive damage, including, but not limited to, those resulting from loss of profits, loss of credibility, nonperformance, unavailability of data or other causes, as well as any other unrecognized damage, not only where Six Apart has notified the possibility of such damage in advance, but in all other cases. (7) Movable Type, logo of Movable Type, and other logos and names of Movable Type, Six Apart, logo of Six Apart and other logos and names of Six Apart shall be the trademarks of Six Apart.
(3) Server "Server" means a computer installed with Movable Type, or a group of computers consisting of a computer installed with Movable Type and a computer or computers used for publishing web pages and a computer or computers used as database server.
(4) Update "Update" of a product means a minor functional improvement over, or a bug fixing in, the current version.