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Terms of Use for myAdvantest

Ver. 2021.04.01

General

  1. These Terms of Use for myAdvantest (these “Terms of Use”) are entered into by and between You (“You” or “User”) and Advantest Corporation (“Advantest”, “we”, “our” or “us” as the context requires). These Terms of Use govern Your access and use of the myAdvantest eBusiness platform operated and hosted by Advantest including any content, functionality, and services offered on or through themyAdvantest eBusiness platform (collectively,“myAdvantest”). The myAdvantest eBusiness platform is intended to provide Advantest customers and business partners with access to certain Advantest online content and services (hereinafter collectively “eBusiness Services”), including web-based sales, license, and delivery of Advantest products or services. The eBusiness Services may have certain terms and conditions that further govern Your use of those eBusiness Services or other content available to You through themyAdvantest eBusiness platform (collectively, “eBusiness Terms”). Where the eBusiness Terms incorporate by reference these Terms of Use, such eBusiness Terms are in addition to these Terms of Use. In the event of a conflict between these Terms of Use and any specific eBusiness Terms that incorporate these Terms of Use by reference, these Terms of Use shall prevail except where and to the extent otherwise expressly stated in such eBusiness Terms.
  2. myAdvantest is made available and offered to You conditioned on Your acceptance, without modification, of the terms, conditions, and notices contained herein. By registering for and using myAdvantest, You agree to these Terms of Use. Advantest reserves the right to change these Terms of Use at any time, in our sole discretion, without prior notice. In the event that changes are made, the latest version of these Terms of Use will be posted on myAdvantest. Your continued use of myAdvantest following a posted change to these Terms of Use will constitute Your acceptance of and agreement to such changes. Your submission of an online registration is regarded as acceptance of these Terms of Use. If You do not agree with these Terms of Use, do not register for myAdvantest and do not use myAdvantest.

User Account, Registration, and Use of myAdvantest

  1. To access and use myAdvantest, a User account is required. Advantest will create a myAdvantestaccount for each User free of charge. User access details will be provided to the User following successful registration. From time to time and depending on Your service subscriptions, geographic location, or other criteria, Advantest may restrict Your access to all or a part ofmyAdvantest.
  2. To register, You must provide Your current email address and contact details as a User, and select a password, which information will be used to create Your myAdvantestaccount.
  3. You warrant that all information provided for the creation of YourmyAdvantest account is accurate and complete. You are responsible for timely updating any changes to Your contact information.
  4. You must keep Your User access details confidential and secure at all times. Your account is personal to You and You should not disclose Your access credentials to any third party nor permit any third party to access myAdvantest using Your account at any time.
  5. Advantest reserves the right to deny registration for a myAdvantestaccount, at its sole discretion, and to suspend or terminate Your myAdvantest account at any time for convenience upon seven (7) days’ advanced notice. Similarly, You may terminate Your myAdvantestaccount at any time by giving written notice to Advantest. When received, Advantest will deactivate and suspend Your access to and use of myAdvantest, unless You withdraw Your termination request in writing to Advantest within seven (7) days from Your termination notice (“Termination Period”). Otherwise, Advantest will terminate Your myAdvantest account upon expiration of this seven (7)-day Termination Period. You are solely responsible for backing-up, saving, or downloading Your User data or any other content You uploaded to or saved in Your myAdvantest account (collectively “User Content”), including before the termination or expiration of myAdvantest or any eBusiness Service. You may also request a copy in writing of Your User Content from Advantest during the Termination Period at no additional charge. Requests for copies of Your User Content received after expiration of the Termination Period may not be fulfilled or may be provided at Advantest’s sole discretion.
  6. You agree that:
    1. You will not interfere with or damage the proper functioning of other Users’ use or enjoyment of myAdvantest;
    2. You will not delay or overload the products and/or services provided through or inmyAdvantest, including without limitation the eBusiness Services;
    3. You will not tamper with, hack, or otherwise disrupt any computer system, server, or networked device associated with myAdvantest;
    4. You will not obtain any materials or information through any means not intentionally made available or provided for through myAdvantest, including, but not limited to, data mining, robots, or other data gathering or extraction tools;
    5. You will not intentionally use myAdvantestto introduce or transmit any contaminants into any system. A contaminant includes anything that impairs the operation of any software or computer systems, or that causes software, computer systems, or data to be lost or corrupted or damaged, or that prevents authorized access or allows unauthorized access to any data, software, or computer system;
    6. You will not use myAdvantestor any products or services provided through myAdvantestfor any illegal or unlawful purpose or for any purpose that is prohibited by these Terms of Use;
    7. You will not attempt to do any of the foregoing prohibited actions; and
    8. if You become aware of any disruptions while using myAdvantest, You will promptly informmyAdvantestservice at:SMB-myAdvantest-Admin@advantespt.com.

Disclaimer and Liability

  1. You agree that:
    1. In case of malfunction or disruption, Advantest’s liability is limited to services within the control of Advantest and its Affiliates. We cannot guarantee that the information published on myAdvantestwill be accurate, valuable, up-to-date, suited to Your purposes, safe, free of viruses, reliable, or will not infringe upon the intellectual property rights of third parties. Furthermore, except as may be expressly set forth in terms applicable to eBusiness Services, Advantest cannot guarantee that content or services (including without limitation the eBusiness Services) will not be interrupted, that errors and bugs will not arise, that defects will be corrected, or that the site or its servers will be free from computer viruses or other harmful elements.

      “Affiliate” means, with respect to a party, any corporation, association or other entity that directly or indirectly controls, is controlled by or is under common control with such party. Solely for purposes of this definition, the term “control” means direct or indirect beneficial ownership of more than fifty percent (50%) of the voting stock or income interest in such corporation or other business entity. Such corporation or other business entity shall be deemed to be an Affiliate so long as such beneficial ownership or control exists.
    2. Without limiting the foregoing, if myAdvantestdoes not perform in accordance with these Terms of Use, You shall notify Advantest and we will endeavor to rectify the defect applying reasonable efforts. You agree to cooperate in Advantest’s rectification of the defect by providing any required information and documentation and all required reasonable assistance.
  2. You may access or use certain third-party content, products, or services in connection with the eBusiness Services (“Third Party Services”). You understand and agree that Your access or use of those Third Party Services may be subject to additional terms, conditions, and policies that are specific to such Third Party Services, and that You shall be bound by such terms, conditions, and policies if You elect to use such Third Party Services. Advantest makes no representations or warranties with respect to any Third Party Services, whether express or implied, and shall have no liability whatsoever for the User Content while it is being transmitted from any eBusiness Service to any Third Party Services. You are solely responsible for determining the suitability of any Third Party Services that You elect to use in connection with any eBusiness Service. Any and all use of such Third Party Services shall be at Your sole risk.
  3. Subject to Section 7, Advantest reserves the right to alter the content of the information appearing on myAdvantest, withdraw or discontinue any product, functionality, content, or service (including product descriptions and product prices), interrupt, suspend or cease the operation ofmyAdvantest, in whole or in part, to deny, restrict, or revoke User registration or access or to delete User Content or any part thereof at its sole discretion without prior notice or liability to any person. Except as may be expressly set forth in any applicable eBusiness Terms, Advantest will not be liable if, for any reason, all or any part of myAdvantest is unavailable at any time or for any period.
  4. WITHOUT LIMITING THE FOREGOING, YOUR USE OF myAdvantest, ITS CONTENT, ITS FUNCTIONALITY, AND ANY SERVICES OBTAINED THROUGH myAdvantest IS AT YOUR OWN RISK. myAdvantest, ITS CONTENT, ITS FUNCTIONALITY, AND ANY SERVICES OBTAINED THROUGH myAdvantest ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR INDEMNITIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ADVANTEST SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NONE OF ADVANTEST, ITS AFFILIATES, OUR OR THEIR LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS OR AGENTS, OR ANY OTHER PERSON MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF myAdvantest. TO THE FULLEST EXTENT PROVIDED BY LAW, ADVANTEST HEREBY DISCLAIMS ALL WARRANTIES OR INDEMNITIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ALL THIRD PARTY SERVICES ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY, OR INDEMINIFICATION OBLIGATIONS OF OR CONCERNING ANY THIRD PARTY SERVICES OR MATERIALS IS STRICTLY AS MAY BE AGREED TO BETWEEN USER AND THE APPLICABLE THIRD PARTY.
  5. Limitation of Liability. ADVANTEST, ITS AFFILIATES, AND OUR AND THEIR LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, AND AGENTS SHALL NOT HAVE ANY LIABILITY TO YOU, ANY OTHER USER, OR ANY OTHER THIRD PARTY FOR ANY DAMAGES WHATSOEVER THAT MAY ARISE IN CONNECTION WITH THE USE OF myAdvantest, THE DATA OR ANY OTHER CONTENT THAT IS AVAILABLE ON myAdvantest, MODIFICATIONS TO ANY SUCH CONTENT, OR THE INTERRUPTION OR SUSPENSION OF THE OPERATION OF myAdvantest, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, INCIDENTAL, SPECIAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, BUSINESS, OR PROFITS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, INDEMNITY, CONTRIBUTION OR OTHERWISE AND EVEN IF ANY OF THE LIMITED REMEDIES IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. THE REMEDIES IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.

    EXCEPT AS MAY BE EXPRESSLY SET FORTH IN EBUSINESS TERMS APPLICABLE TO SPECIFIC EBUSINESS SERVICES, THE USER, AND NOT ADVANTEST, IS SOLELY LIABLE FOR ALL DAMAGES, EXPENSES, COSTS, PENALTIES, FEES AND OTHER COSTS OR EXPENSES, INCLUDING ATTORNEYS’ FEES, THAT ARE ATTRIBUTABLE TO, ARISE FROM OR RELATE TO USER’S BREACH OR VIOLATION, OR THAT OF ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, DIRECTORS OR OFFICERS, OF THESE TERMS OF USE OR ANY OTHER TERMS AND CONDITIONS APPLICABLE TO ANY CONTENT, FUNCTIONALITY, OR SERVICES OFFERED THROUGH OR USING    myAdvantest.
    THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  6. Information on eBusiness Services that cannot be used in the country where You live may appear on myAdvantest. For information on eBusiness Services available in Your area, contact Your nearest Advantest sales location, a customer service representative (https://www.advantest.com/about-advantest/offices-facilities-location-and-map), or email us at:SMB-myAdvantest-Admin@advantest.com.

All Copyrights and Rights of Use

  1. The contents available on myAdvantest are protected by intellectual property laws, including copyright, patent, trademark, and designs laws of various countries as well as other laws and various agreements.
  2. Unless You obtain prior written permission from Advantest, You shall not use (including publicly announcing, altering, copying, mass transmitting, directly or indirectly transmitting or distributing, transferring, loaning, translating, or adapting) any content or other information posted on or available through myAdvantest in any way that exceeds the scope of what is clearly authorized by law and these Terms of Use. You must obtain prior written permission in each instance from Advantest to reprint or publish information from myAdvantest.
  3. Advantest reserves the right to monitor User activity on myAdvantest to the extent permitted by law. This includes, without limitation, the logging of IP connection data and communication processes. Advantest further reserves the right to investigate any suspected or actual breach of these Terms of Use and take any action that Advantest deems appropriate in our sole discretion.
  4. myAdvantest and all related names, logos, product and service names, designs, and slogans are trademarks of Advantest, its Affiliates, or our or their licensors. You must not use such marks without the prior written permission of Advantest in each instance.

Data protection

  1. Advantest will comply with applicable laws and regulations in its creation, collection, receipt, access, use, storage, disposal, disclosure, and other processing of Your personal data. For information regarding the processing of Your personal data in connection with Your use ofmyAdvantest or any eBusiness Service, please visit the myAdvantest Privacy Policy.
  2. Without limiting Section 12, Advantest will implement commercially reasonable measures designed to meet the following objectives: (i) secure User Content against accidental or unlawful loss, access, or disclosure; (ii) protect against any anticipated threats or hazards to the security or integrity of such User Content; and (iii) protect against unauthorized access to or use of such User Content.

Commercial Computer Software

  1. Any software provided pursuant to these Terms of Use or any eBusiness Terms is “commercial computer software” and is provided with restricted rights. Use, duplication, or disclosure by the United States government is subject to restrictions set forth in these Terms of Use and the applicable eBusiness Terms and as provided in DFARS 227.7201 through 227.7202-4, FAR 12.212, FAR 27.405(b)(2), FAR 52.227-19, or FAR 52.227-14 (ALT III), or successor provisions, as applicable.

Place of Performance, Applicable Law, Jurisdiction

  1. These Terms of Use shall, in their application and interpretation, unless otherwise specified, be subject exclusively to the laws of Japan without giving effect to any choice or conflict of law provision or rule that would require the application of the laws of any other jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11th, 1998 shall not apply and is excluded. You hereby agree to the exclusive jurisdiction of, and agree to bring any action, dispute, litigation or proceeding arising in connection with these Terms of Use, myAdvantest, or any eBusiness Service, only in the Tokyo District Court in Japan. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

Entire Agreement

  1. These Terms of Use, together with our Privacy Policy, and any applicable eBusiness Terms, constitute the sole and entire agreement between You and Advantest regarding Your use of and access to myAdvantest and the eBusiness Services, and supersede all prior and contemporaneous understandings, agreements, arrangements, representations, and warranties, whether written or oral and whether express or implied, regarding myAdvantest, including without limitation the content, functionality, or services offered on or through the myAdvantest eBusiness platform. These Terms of Use and any applicable eBusiness Terms take precedence over any additional or different terms and conditions provided by You, including without limitation those contained in any purchase order, which shall not apply and to which notice of objection is hereby given by Advantest. No change or modification of any of these Terms of Use or any eBusiness Terms will be valid or binding on Advantest unless in writing and signed by Advantest’s authorized representative.

Assignability; Third Party Beneficiaries

  1. You may not delegate, assign, or transfer these Terms of Use or any eBusiness Terms, without prior written consent of Advantest. Any attempt to do so shall be null and void. These Terms of Use and any eBusiness Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person or party any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms of Use or any eBusiness Terms.

Waiver and Severability

  1. No waiver by Advantest of any term or condition set out in these Terms of Use or any eBusiness Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Advantest to assert a right or provision under these Terms of Use or any eBusiness Terms shall not constitute a waiver of such right or provision.
  2. If any provision of these Terms of Use or any eBusiness Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use and the applicable eBusiness Terms will continue in full force and effect.

Notice

  1. Any notice, request, consent, claim, demand, or other communication to be given or delivered to a party under or by reason of a provision of these Terms of Use shall be in writing (including via email).

Export Compliance

  1. myAdvantest and the eBusiness Services utilize software and technology or provide access to software, technology, or technical information that may be subject to export control laws, conventions, and regulations, including, but not limited to, the United States Export Administration Regulations and other rules and regulations of the Bureau of Industry and Security of the United States Department of Commerce and the rules and regulations of the Office of Foreign Assets Control of the United States Department of the Treasury US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the myAdvantest or eBusiness Services or the software, technical information, or technology included in myAdvantest or any eBusiness Services to, or make myAdvantest or any eBusiness Services or the software, technical information, or technology included in any of the foregoing accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, regulation, or rule. You shall comply with all laws and regulations prohibiting transfers, exports and re-exports to certain end-users and destinations or for certain end-uses, unless written authorization is obtained from the appropriate government. Advantest may suspend performance of myAdvantest or any eBusiness Service in its sole discretion if Advantest believes that You are in violation or threatened violation of applicable laws or regulations. As part of Advantest’s export compliance program, Advantest may require You to provide end user statements as well as trade compliance statements and export policy statements regarding any technical information, technical data, or software licensed to or accessed by You.

Survival

  1. Provisions set forth in these Terms of Use or any applicable eBusiness Terms which by their nature extend beyond the expiration or termination of any performance of the service, or license of technical information or software shall remain in effect until fulfilled.

Force Majeure

  1. Neither party will be liable for any failure in performance due to force majeure. Force majeure consists of any cause beyond that party’s reasonable control, including, without limitation, wars, civil wars, catastrophes, acts of terrorism (including cyberterrorism), fire, explosion, power blackout, acts of God, earthquake, flood, severe storms, strike, embargo, labor disputes, epidemics, pandemics, quarantines, acts of civil or military authority, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of any services, including the eBusiness Services). This Section 30 will not, however, apply to your payment obligations under these Terms of Use or any applicable eBusiness Terms.
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