DOCOMO Innovations (hereinafter "DII") provides the DOCOMO API Services to the User ("You," "Your") under the following terms and conditions of this Agreement: 1. Definitions: A. "API" means the image and object recognition API and the speech recognition API . B. The "Service" means the access to the API on DII's AWS platform.?. 2. API Use License A. DII hereby grants the nonexclusive, nontransferable, worldwide right to access the Service for the sole purposes of using the API (hereinafter the "Purpose"). B. This access right does not include a right to transfer the access right to third parties. 3. Restrictions on Use: A. You may not download or use the API for any reason other than the Purpose. B. Unless otherwise explicitly stated in this Agreement, you may not disclose, sublicense, sell, or transfer the API to any third party. C. You may not reverse engineer, decompile, or disassemble the API. D. You may not analyze or monitor performance of the API for any benchmarking or competitive purpose. E. Unless otherwise explicitly stated in this Agreement, You may not revise, decrypt, alter, adapt, or create derivative works of the API. F. You may not alter or remove DII or NTT DOCOMO copyright statements or trademarks from the API or cause confusion of the copyright statements with additional markings. G. You shall not use the Service or API to upload, store, transmit, or operate any malicious code that is intended to do harm or subvert security measures, including without limitation viruses, worms, time bombs, and Trojan horses. H. You shall not use the Service to story or transmit any material in violation of third-party privacy rights. 4. DII will provide the following Services during the Term of this Agreement: A. Maintenance of the AWS platform for hosting the API. 5. In the event DII or NTT DOCOMO issues new versions of the API, it may be made available to You free of charge. DII and NTT DOCOMO have no obligation to provide you with updates or new software. 6. Service Fees A. In exchange for access rights granted herein, You agree to pay DII the Service Fees listed on the Amazon Web Services (hereinafter "AWS") API product page. B. If In the event You do not pay the Service Fees within thirty (30) days of receiving DII's invoice, interest at a rate of 10% annually or the maximum rate allowed by law, whichever is lower, will accrue on unpaid Service Fees. Interest will be noted on subsequent invoices. C. DII will not refund payments made by you under this agreement for any reason whatsoever. 7. Any extensions or improvements You make to the Software are owned by DII. You agree to cooperate in good faith with DII's requests and instructions related to such extensions and improvements. 8. NO WARRANTY A. THE SERVICE AND THE API IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IN ANY AND EVERY CASE, YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE API. B. DII AND NTT DOCOMO DISCLAIM ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, REGARDING THE SERVICES AND THE API, INCLUDING, BUT NOT LIMITED TO, TECHNICAL ACCURACY, SECURITY, OPERABILITY, MARKETABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND INFRINGEMENT OF THIRD PARTIES' RIGHTS. DII DOES NOT WARRANT THAT THE SERVICE OR THE API WILL OPERATE WITHOUT ERROR OR INTERRUPTION. C. YOU SUBMIT DATA TO THE SERVICE AT YOUR OWN RISK. THE SERVICE IS NOT INTENTED TO COLLECT OR PROCESS PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION THAT IS REGULATED BY LAW 9. Indemnification A. If You receive a claim of actual or potential infringement of third party rights related to the use of the API, You must notify DII immediately and cooperate with DII or NTT DOCOMO to cease use of the API or establish preventative measures upon DII's or NTT DOCOMO's request. DII or NTT DOCOMO may, at its sole option, modify the API to become non-infringing or require You to cease use of the API. B. You are fully responsible for all costs and expenses, including, but not limited to, legal fees related to any and all third-party inquiries, warnings, lawsuits, claims, or similar (collectively referred to as "Disputes") resulting from your use of the API with any other program. However, in the event the API is alleged to be the direct cause of the Disputes, DII will cooperate with settlement of the Disputes within a commercially reasonable scope at Your request. 10. DOCOMO Intellectual Property Rights A. Unless otherwise explicitly stated in this Agreement, no other licenses or rights are granted under this Agreement, including without limitation, patent rights, utility patent rights, design patent rights, trademarks, copyrights, business or technology 'know how,' or other implementation rights based on the rights granted herein. For the avoidance of doubt, the right to access and use the API contained in this Agreement does not constitute a transfer of DII's or NTT DOCOMO's Software copyright or any other rights. 11. Confidentiality A. "Confidential Information" means the API, the content of this Agreement, and the technological and business information You and DII may disclose to the other party in order to provide the API and the Services. The recipient of Confidential Information shall not disclose Confidential Information to any third party or use Confidential Information for any purpose outside the Purpose during the Term of the Agreement and for five (5) years after Your last use of the API, or termination or expiration of the Agreement, whichever is later. B. You must establish appropriate measures to ensure access to the API and the Confidential Information is limited only to those persons having a need to use the API or the Confidential Information to fulfill the Purpose. C. The following are exceptions to the obligations of Confidentiality herein: i. The Confidential Information is, or becomes, known to the public through no fault of the recipient; ii. The Confidential Information was lawfully known to the recipient without an obligation to keep it confidential iii. The recipient lawfully received the Confidential Information from a third-party; or iv. The recipient can show the Confidential Information was independently developed by the recipient before it was disclosed by the other party. D. Notwithstanding the above, the recipient may disclose Confidential Information only to the scope and extent necessary to comply with applicable law or regulation, or a court order, provided that notice is immediately given to the other party. 12. Assignment: You may not transfer or assign any rights or obligations, in whole or in part, in this Agreement to any third party. Any such transfers or assignments are void. 13. Breach and Cure A. Except as otherwise provided herein, either party may immediately terminate this Agreement and claim damages if the other party does not cure a breach of one or more of their obligations listed herein within fourteen (14) days of receiving written notice from the other party. B. Either party may immediately terminate this Agreement and claim damages in the case in which any of the following apply to a breach of the provisions of this Agreement by the other party: i. When the nature of the breach is such that curing the breach would cause undue burden on either party; ii. When the nature of the breach is such that, even if cured, fulfilling the Purpose would cause undue burden on either party; iii. When it becomes clear that there is no possibility for performance of the obligations under the Agreement without a proper reason; iv. In the case of non-payment, inability to make payment, filing for bankruptcy, filing for Chapter 11 or corporate reorganization, filing for corporate liquidation, a decision for corporate dissolution, suspension of a business license, or notice of seizure of assets or foreclosure; v. When either party causes serious harm or danger to the other party; or vi. When it becomes apparent that continuing performance under the Agreement is not possible for substantial reasons. 14. Remedies A. Either party may claim damages from the other party for breaches of this agreement, including reasonable attorneys' fees and legal costs. However damages You claim under this Agreement shall not exceed Service Fees You paid in the three (3) months prior to the notice of breach . B. In no event shall either party be liable to the other for special damages, consequential or indirect damages, incidental damages, exemplary or punitive damages, or damages for lost profits or lost opportunities. 15. Term A. This Agreement shall be valid for one (1) year from the Effective Date (herein known as the "Term"). B. Notwithstanding the above, this Agreement will automatically renew for one (1) year periods following the end of the Term if You do not give notice of termination to DII thirty (30) days before the end of the Term. C. Notwithstanding anything stated herein, Sections 3, 8 through 12, 14, 16, 18, 19, 22, 23, and 24 shall survive termination or expiration of this Agreement. 16. End-of-Contract Measures A. Upon termination or expiration of this Agreement, You must return all Confidential Information received from DII, including all copies and duplicates, upon DII's request. DII and NTT DOCOMO have the right to request a written certification that all Confidential Information in digital/electronic format has been deleted. 17. Export Control A. You must comply with all export control laws and regulations when using the API. You may not distribute or give access to the API to persons in contravention of international export control or trade laws. B. You must not use the Software for activities related to weaponry, including the development and manufacturing of weaponry. C. You shall fully indemnify and pay damages to DII and NTT DOCOMO for any injury or problem caused by Your violation of any trade or export control laws or regulations. 18. You must comply with all laws and regulations in the performance of this Agreement. DII has the right to immediately terminate this Agreement upon discovery of any violation of any law. 19. This Agreement may be modified by written agreement signed by the parties only. 20. If any part of this Agreement is found to be invalid by a court having proper jurisdiction, such part shall be stricken from the Agreement, and the remaining parts shall be given full force and effect to the greatest extent of the law. 21. The terms and conditions of this Agreement constitute the entire agreement of the parties regarding the subject matter herein, and any agreements involving the subject matter made before the Effective Date, whether oral or otherwise, are invalid. 22.BY USING THE API, YOU EXPLICITLY ALLOW DII TO SHARE YOUR NAME WITH DII'S AFFILIATES. 23. Governing Law and Venue A. This Agreement shall be governed by the laws of Japan. B. Any dispute or claim arising out of or relating to this Agreement shall be settled by the Tokyo District Court in Tokyo, Japan. C. The parties will make a good faith effort to resolve disputes regarding the provisions herein and the interpretation of those provisions outside the courts. 24. Elimination of Anti-Social Forces A. You and DII represent and warrant that none of the following will apply either now or in the future: i. You or Your officers are a mafia, mafia members, were mafia members in the last 5 years, founders of a mafia, a mafia related business, a corporate extortionist, an organization registered as a political organization to commit crimes and avoid disbandonment, special intelligence for the mafia, or similar (together herein referred to as "Mafia"); ii. A relationship that can be recognized as management of the Mafia; iii. A relationship that could be found to be substantially involved in the management of the Mafia; iv. Making use of the Mafia with the aim of defrauding a third party or damaging a third party; v. Providing funds to the Mafia or having a relationship that could be found to be having involvement of providing favors to the Mafia; vi. You or Your officers have a management relationship that could be considered to be substantially anti-social or similar to Mafia. B. You and DII warrant that the following activities will not be carried out either by ourselves or a third party: i. Making violent demands; ii. Making unreasonable demands beyond legal responsibility; iii. Using violence or threatening behavior in business dealing; iv. Circulating rumors, or using deception or influence to damage the reputation or the business of another party; and v. Doing activities similar to those above. C. In the event Section 26(A) or 26(B) is violated, the non-violating party may immediately terminate this Agreement without notice or notification procedures. D. In the event that the following apply to one of your contract partners for a contract related to fulfilling Your obligations under this Agreement, purchasing materials, or any other contract related to this Agreement (hereinafter "Related Contract"), You must quickly cancel the Related Contract and take all other necessary measures: i. It becomes clear that Section 26(A) applies to the contract partner of the Related Contract; ii. The contract partner carries out, or causes to be carried out, the activities in Section 26(B). E. In the event you violate any of the provisions in Section 26, DII may immediately terminate this Agreement without notice or notification procedures. F. In the event the termination of this Agreement in accordance with the provisions in Section 26 causes damage to the non-terminating party, the terminating party will not be liable.