MOJIKAI Use and Content License Agreement

2025年01月01日

Introduction

This MOJIKAI Content License Agreement ("Agreement") applies to the use of specific digital content ("Licensed Content") provided to you by Set Japan Corporation ("Company"). This Agreement governs all Licensed Content that you download or use.

This Agreement is a legal document that details your rights and obligations regarding the use of Licensed Content. By downloading or using Licensed Content, you are deemed to have agreed to the terms of this Agreement. You agree to enter into this Agreement with the content licensor for each Licensed Content you download or use. If you do not agree or cannot agree to the terms of this Agreement, do not download or use the Licensed Content.

"Customer" refers to the individual or entity exercising rights under this Agreement. "Content Licensor" or "Company" refers to Set Japan Corporation unless otherwise specified when accessing Licensed Content. As explained in Section 6, "Company" refers to the entity of Set Japan Corporation corresponding to your region.

Please read this Agreement carefully. It includes a clause waiving the right to class action lawsuits. By agreeing to this Agreement, you and the Company consent to resolve disputes on an individual basis rather than as part of a class action. You have the right to opt out of this waiver within the specified period. By agreeing to the terms, you also consent to contract provisions limiting your legal rights, such as disclaimers of warranties, exclusions of certain damages, and liability limitations.

Article 1: Licensed Content

Content Licensed to You

Licensed Content includes all content provided by the Company under the terms of this Agreement. This includes, for example, content downloadable from the Company's website or related YouTube channels, and content provided through the learning sections and communities within the applications.

How to Use Licensed Content

The Company grants you a non-exclusive, non-transferable, and non-sublicensable license to use, reproduce, display, perform, and modify the Licensed Content for personal use, in compliance with the terms of this Agreement. As long as you do not violate applicable laws or regulations or use the Licensed Content for unlawful purposes, you may use it privately in any desired way.

Sharing Projects Developed Using Licensed Content

Regardless of the amount of Licensed Content used, if your project combines Licensed Content with other software or content, you may distribute it only when explicitly permitted by this Agreement.

"Distribute" refers to providing copies of the project to the public or other individuals or entities, or making the project accessible on a network.

Use by End Users, Publishers, and Distributors

Licensed Content embedded in object code form can only be distributed to end users as an inseparable part of the project. When distributing a project to end users:

  1. Embed the licensed code in the object code as an inseparable part of the project.
  2. Limit usage to what is necessary for the authorized use of the project.
  3. Ensure that end users adhere to an end-user license agreement disclaiming representations, warranties, conditions, and legal responsibilities related to the Licensed Content.

You may allow your publishers and distributors to sell and distribute the project on your behalf, provided that such distribution complies with this Agreement. For example, you may distribute software applications containing Licensed Content (such as video games) directly or through distributors or publishers to the general public.

Linear Media (Rendered Video Files, etc.)

Licensed Content incorporated into rendered linear media products may be freely distributed.

For instance, rendered video files (e.g., broadcast or streaming video files, comics, movies) or images created using Licensed Content can be freely distributed.

Sharing Licensed Content Outside of a Project

Unless otherwise specified in service-specific terms, you may not distribute Licensed Content in source format to third parties, except to employees, affiliates, or contractors using the Licensed Content in good faith to develop projects on your behalf. These individuals or entities are not permitted to further distribute the Licensed Content (including those embedded in projects) and must delete it when it is no longer necessary for project development. You are responsible for ensuring that any employees, affiliates, or contractors comply with the terms of this Agreement.

Other Restrictions on the Use of Licensed Content
General Restrictions

You may not:

  • Reverse engineer, decompile, tamper with, disassemble, or attempt to extract source code from Licensed Content.
  • Sell, rent, lease, or transfer Licensed Content on a "standalone basis." Projects must have reasonable added value beyond the Licensed Content, which should only be a component and not the core of the project.
  • Allow third parties to use or access Licensed Content for purposes such as content creation, use in world-editing tools, level editors, modeling tools, or user-generated content.
  • Use Licensed Content for illegal purposes or in a way that infringes on third-party rights.
  • Remove, disable, circumvent, or alter proprietary notices or labels included in Licensed Content.
  • Collect, aggregate, mine, scrape, or otherwise use Licensed Content for purposes of publication, sale, or distribution without explicit permission under this Agreement.
  • Prohibition on AI-related Use

    Licensed Content may not be used for any AI-related purposes, including:

    1. Use as part of a dataset for generative AI programs.
    2. Development of generative AI programs.
    3. Input data for generative AI programs.

    Article 2: Ownership

    Who Owns What?

    Between you and the Company, you retain all rights to any projects you develop under this Agreement, except for rights explicitly described in the service-specific terms of the Licensed Content. Conversely, the Company and its licensors retain all title, ownership, and intellectual property rights to the Licensed Content.

    All rights granted to you under this Agreement are provided solely by this license and not through a sale. These rights are subject to the terms of this Agreement, and no new licenses or rights will arise from this Agreement under any legal doctrine. Any attempt to sublicense in violation of this Agreement will be void.

    Article 3: Relationship with the Company

    Agreement Between You and the Content Licensor
    Content Licensor

    Unless otherwise specified when you first access the Licensed Content, the Company will be the Content Licensor for that Licensed Content.

    Modifications

    If the Company modifies this Agreement, you are not required to agree to the modified terms for the use of existing Licensed Content. This Agreement will continue to apply to existing Licensed Content.

    However, if you do not agree to the modified terms, you may lose access to certain Company services or the ability to download new Licensed Content. The Company will notify you of changes through methods such as email or notices upon your next login. These changes will only take effect upon notification.

    Other Terms

    This Agreement is the sole contract governing your rights and obligations regarding Licensed Content. Your rights and obligations under this Agreement are not affected by any other agreements or license terms.

    This Agreement does not supersede, modify, or otherwise impact any other agreements you may have with the Company. For example, if the Company provides a custom license for specific product development, that custom license will govern instead of this Agreement.

    Article 4: Notifications

    When notifications are required under this Agreement, the Company may send them via its services or to the email address you provided. Notifications sent through the Company's services take effect when you access the service. Notifications sent by email take effect upon dispatch.

    Article 5: Who Is the Customer?

    About the Customer

    If you use Licensed Content on behalf of another individual or entity, the following terms apply:

    1. All references to "Customer" in this Agreement include that individual or entity, and this Agreement binds them.
    2. You represent that you are authorized to accept this Agreement on their behalf.
    3. If you breach this Agreement, the individual or entity agrees to be held responsible to the Company.
    Eligibility to Enter Into This Agreement

    If you are under the age of legal adulthood in your region or require parental or legal guardian consent to enter into this Agreement, you may use the Licensed Content only with their consent and supervision.

    MOJIKAI Account

    To access and download Licensed Content, you must first set up a MOJIKAI account, which is subject to the Company's Terms of Service.

    Only individuals using a valid user account (the "User") are permitted to use the Licensed Content under this License (as defined in Article 1). If you are an individual, "User" refers to you personally. If you are an entity, "User" refers to your employees or agents exercising your rights under this Agreement. Users may store Licensed Content on their computers but may not share it with others unless explicitly permitted under this Agreement.

    Article 6: Who Is the Company?

    Applicable Company Entity

    The applicable Company entity depends on your place of residence (or the primary location of your entity's operations):

    Residence or Business Location
    Company Entity
    Japan
    Set Japan Corporation
    Other Locations
    Set Japan Corporation (specific overseas branches, if any, are detailed here)
    Privacy

    Your privacy is important to the Company. Please review the Company's Privacy Policy, which explains how the Company collects, uses, and shares your information when you use Licensed Content.

    https://www.mojikai.com/ja/privacy_policy

    Article 7: Additional Rights and Obligations

    Disclaimers

    Nothing in this Agreement affects statutory rights that cannot be waived. In some jurisdictions, disclaimers and liability limitations may not apply. In such cases, they apply only to the extent permitted by applicable law.

    Licensed Content is provided "as is" by the Content Licensor (the Company). The Content Licensor, its affiliates, licensors, or service providers ("Content Licensor Parties") make no warranties, express or implied, regarding the Licensed Content. You use the Licensed Content at your own risk. To the maximum extent permitted by law, the Content Licensor Parties disclaim all warranties, including those of merchantability, fitness for a particular purpose, and non-infringement. They also do not guarantee that the Licensed Content is free of viruses or harmful components.

    Limitation of Liability

    To the maximum extent permitted by law, the Content Licensor Parties are not liable for lost profits, indirect, incidental, punitive, special, or consequential damages related to this Agreement. The total liability of the Content Licensor Parties under this Agreement is limited to the higher of 10,000 yen or the total amount you paid for Licensed Content in the past 12 months. This liability limitation is your sole remedy.

    Indemnification

    You agree to indemnify the Content Licensor Parties for all damages, costs, and reasonable attorney fees arising from:

    1. Your breach of this Agreement.
    2. Your projects or exercise of the license, except where authorized use of unmodified Licensed Content infringes third-party intellectual property rights.
    Governing Law and Jurisdiction

    This Agreement is governed by the laws of Japan (excluding conflict-of-law principles). You and the Company agree to the exclusive jurisdiction of the Tokyo District Court and waive the right to a jury trial.

    Miscellaneous
    Non-Transferability

    You may not transfer your rights or obligations under this Agreement, including the right to use Licensed Content. Any attempt to transfer in violation of this clause is void. The Company may transfer this Agreement in whole or in part, with or without notice to you.

    Relationship Between Parties

    The relationship between you and the Content Licensor is that of independent signatories. This Agreement does not create an agency, partnership, joint venture, or similar relationship between the parties. Neither party has the authority to bind or act on behalf of the other.

    Language

    To the maximum extent permitted by law, the governing language of this Agreement is Japanese. Both parties expressly wish this Agreement and all related documents to be written in Japanese. Translations are provided for convenience.

    Third-Party Beneficiaries

    If the Company is not the Content Licensor, the Company is a third-party beneficiary of this Agreement.

    Survival

    All rights and remedies of the Content Licensor survive the termination of this Agreement. Similarly, if the Company is not the Content Licensor, its rights and remedies also survive.

    Entire Agreement

    This Agreement, along with any referenced documents or information, constitutes the entire agreement between you and the Content Licensor regarding its subject matter, superseding all prior communications and proposals.