Fujitsu Enterprise Postgres | Self-Assessment Tool

Terms of Use for Self-Assessment Tool

This document lists the terms and conditions to use the Fujitsu Enterprise Postgres Self-Assessment Tool.

Article 1. Scope

These terms of use ("Terms of Use") are applicable to all users of the service set force in Article 3 ("Service")　provided by Fujitsu Limited ("Fujitsu").

Article 2. User

"User" means an entity which has registered as a user in accordance with the prescribed procedures on a portal site managed and operated by Fujitsu (“Portal Site”) in order to use the Service.
User agrees to all the contents of these Terms of Use.
These Terms of Use constitute the entire agreement between User and Fujitsu with respect to the subject matter hereof, and supersede all prior agreement, understanding or communications between User and Fujitsu.

Article 3. Service

The Service is that provided by Fujitsu’s Self-Assessment Tool, which enables the User to obtain analysis results for their databases through the Portal Site.
Fujitsu provides the Service on “AS IS” basis and does not make any guarantee that the analysis time and the analysis quality of the Service will meet User’s requirements, or that the results of the Service provided will be accurate or always up to date.

Article 4. Intellectual Property Rights

All intellectual property rights concerning any software and contents provided by Fujitsu in relation to the Service belong to Fujitsu or any third party, and unless otherwise provided, the User may not reproduce, adapt, transmit to the public (including making transmittable), modify, or reverse engineer such software and contents provided by Fujitsu.

Article 5. Prohibited Acts

Fujitsu prohibits the User from performing any of the following acts in connection with the use of the Service.

To register false personal information.
To copy, sell, publish information obtained from the Portal Site and the Service, or any other acts for purposes other than obtaining analysis results on the User’s own database.
To cause damage to the Portal Site and the Self-Assessment Tool, or to hinder the provision of the Service.
To infringe the intellectual property rights of Fujitsu, other Users, or third parties.
To infringe the property, privacy of Fujitsu, other users, or third parties.
Criminal acts or acts that breach any rules including laws or public order or morality.
To damage or threaten to damage the credit of Fujitsu or Fujitsu’s affiliates.

Article 6. Confidential Information

Fujitsu shall treat the software source code or any other information provided by the User through the Service (“Confidential Information”) as confidential, shall maintain such confidentiality, and use the Confidential Information only for the purpose of accessing the Service and providing the Service and in connection therewith, and shall not disclose the Confidential Information except to its officers and employees, its affiliates, and its partners who need to know in order to perform the Service.
Notwithstanding the preceding paragraph, if any of the following applies, Fujitsu may disclose the Confidential Information to any third party.
- if Fujitsu is required to disclose by laws and regulations or pursuant to a court order. In this case, however, Fujitsu makes efforts to notify the User in advance and requires the third party to take measures to maintain confidentiality of Confidential Information within the scope of the applicable laws and regulations.
- if Fujitsu discloses Confidential Information to its lawyers, certified public accountants, certified tax accountants, or any other professionals that by law hold confidentiality obligations, within the scope necessary for business.
Fujitsu may reproduce the Confidential Information to the extent necessary to maintain and improve the Service. The provisions of this Article shall also apply to copies of the Confidential Information (“Copies”).
Article 7 shall supersede this article with respect to the personal information of the User.
At the request of the User, Fujitsu shall destroy or erase the Confidential Information and its Copies to the extent technically and economically practicable.

Article 7. Personal Information

Fujitsu shall comply with applicable laws and regulations concerning the protection of personal information or data processing with respect to the handling of personal information provided by the User to Fujitsu in connection with the provision of the Service. The User agrees that Fujitsu, Fujitsu’s affiliates, and Fujitsu’s partners use such Personal Information in accordance with the conditions set forth in “Privacy Policy” separately presented by Fujitsu or Fujitsu’s affiliates.

Article 8. Service Interruption

The User agrees that Fujitsu may temporarily suspend or discontinue the Service without prior notice to the User due to system maintenance or other reasons.

Article 9. Deletion of Registration

In the event that the User falls under any of the following, Fujitsu may, without prior notice to the User, discontinue the provision of the Service or delete the registered User’s information.

if Fujitsu determines that Article 5 is applicable.
if the User violates any of these Terms of Use.
if Fujitsu determines that it is not appropriate for the User to use the Service for any other reason.

Article 10. Content of Registration

The User is responsible for the contents of the registration for the Service. The User may also request Fujitsu to delete such information at any time.

Article 11. Force Majeure

Fujitsu and Fujitsu’s affiliates shall not be liable for any damage caused to the User by a cyber-attack (including unauthorized access from third parties, system destruction/tampering by cracking, and information theft) that cannot be prevented by normal countermeasures, any damage caused by natural disasters, or any damage due to causes not attributable to Fujitsu or Fujitsu’s affiliates.
Fujitsu and User shall not be liable for any delay or failure to perform its obligations under these Terms of Use if such delay or failure is due to causes beyond its reasonable control. Such causes shall include attacks and illegal acts by third parties, or natural disasters, wars, riots, conflicts, terrorism, power outages, and other network, equipment, or software failures or malfunctions.

Article 12. Settlement

If the User causes damage to any third party through the use of the Service, the User shall dispose of the damage at its own liability and expense.

Article 13. Damages

If the User causes any damage to Fujitsu or Fujitsu’s affiliates by violating these Terms of Use or otherwise using the Service, the User shall compensate for such damage.

Article 14. Amendment

Fujitsu may amend these Terms of Use at any time. In this case, such amendment shall be applied to the User.
If Fujitsu intends to amend these Terms of Use, Fujitsu will notify the User of the amendment by publishing on the Portal Site at a certain notice period (except for amendment which benefits general interests of the User.).
Such amendment shall become effective at the time when such notice period has elapsed after Fujitsu made them available to the User in accordance with the preceding paragraph. However, if amendment benefits general interest of the User, such Amendment shall take effect once it is made available to the User by Fujitsu.

Article 15. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in all respects in accordance with the laws of Japan, and all disputes, controversies or differences arising out of or in connection with these Terms of Use shall be submitted to the exclusive jurisdiction of the Tokyo District Court of Japan.

Self-Assessment Tool - Terms and conditions

Terms of Use for Self-Assessment Tool