Terms of Use of Earth Observation Data Utilization Promotion Platform

Chapter 1 Purpose

Article 1 Purpose
The Terms of Use shall specify matters necessary for using the Earth Observation Data Utilization Promotion Platform (hereinafter referred to as the "System") operated by PASCO CORPORATION (hereinafter referred to as "PASCO").

Chapter 2 Terms and Conditions of Use of the System

Article 2 Rights of Data
1. All rights which include the copyrights of products (earth observation data and its processed data) provided for users by the System shall belong to each data source.
2. Users shall observe terms of use of each satellite/sensor in using the products provided for them by the System.

Article 3 Service Hours and Suspension of the System
1. The System is, in principle, available for use 24 hours a day.
2. PASCO may suspend, temporarily suspend or interrupt the operation of the System without giving a prior notice to users under the following circumstances:
(1) When the System maintenance is needed;
(2) When computers or communication lines are disrupted due to an accident;
(3) When the System cannot be operated due to force majeure which includes an earthquake, lightning strike, fire, wind and flood damage, power outage and act of providence; or
(4) When PASCO decides that the System needs to be suspended, temporarily suspended or interrupted.
3．PASCO shall bear no liability for damage caused to users due to the suspension, temporary suspension or interruption based on the Article.

Article 4 Prohibitions
The acts listed below shall be prohibited in using the System.
(1) Unauthorized access to the System
(2) Unauthorized use (for profit or non-profit), reproduction, processing, reprint or secondary use of the System and products. (However, act expressly permitted in the terms of use of each satellite/sensor are excluded.)
(3) Modification, editing or distribution of all programs PASCO leases or provides to users in the System without its approval
(4) Intentional disturbance of management and operation of the System
(5) Intentional transmission of virus-infected file to the System
(6) Upload of data not designated by the System or data PASCO deems inappropriate on the System
(7) Act that violates laws and regulations and public order and morals or act that violates the Terms of Use or matters separately provided by PASCO
(8) Act that causes or may cause damage or detriment to PASCO, data sources and third parties
(9) Use of the System and products for purposes other than peaceful purposes
(10) Other act PASCO deems inappropriate

Article 5 Indemnity
1. Users shall use the System and products on their own responsibility and PASCO shall bear no liability for damage caused to users or damage caused to a third party by the users by using the System or products.
2. PASCO shall bear no liability for data storage uploaded by users via the System. It shall bear no responsibility for damage caused to users when data uploaded via the System is damaged or lost or becomes unusable due to changes or termination of the contents of the System.

Article 6 Non-Guarantee
PASCO shall not guarantee accuracy, integrity, certainty or usability of the results obtained by operation and configuration of the products or System, information obtained from the System, or effects of use of the services by users.

Article 7 Amendment of Terms of Use
1. PASCO may amend the Terms of Use if deemed it necessary. In this case, the notice of amendment shall be communicated in the manner prescribed by Pasco with a certain notice period and the revision of the Terms of Use shall become effective on the prescribed effective date.
2. When users use the System after revisions hereof, they shall be deemed to have agreed on the Terms of Use after the revisions.
3. Users may not use the System if they do not agree on the revisions hereof.

Article 8 Changes and Termination of Contents of the System
1. PASCO may revise and change the contents of the System or terminate the provision thereof in whole or in part for reasons of its own.
2. PASCO shall bear no responsibility for damage caused to users by the action it has taken based on the Article.

Article 9 Export Control
Users shall comply with all export and import control laws, regulations and rules of Japan and applicable countries and shall not distribute or redistribute the products directly or indirectly in violation of them or without required approval.

Chapter 3 User Registration

Article 10 Registration
1. Those who hope to use the following services (hereinafter referred to as the "Services") of the System may file an application for the registration of the use thereof by providing certain information PASCO designates (hereinafter referred to as "registered matters") in the method it designates upon agreement of compliance with the Terms of Use.
(1) Download of images and other products searched and processed on the System
(2) Upload of users' local file on the System
(3) Order, purchase and download of satellite images and other products on the System
(4) Other services PASCO designates
2. PASCO shall determine whether or not to approve the registration of users that have applied for the registration provided in the previous paragraph (hereinafter referred to as "registration applicants") and inform them of the approval for registration when it agrees on the registration.

Article 11 ID and Password Storage
1. As user IDs and passwords issued to use the Services shall verify the identity, they need to be managed strictly. Users shall manage their IDs and passwords of the System strictly on their own responsibility and shall not have third parties use them, lease, transfer or sell them, or change their ownership.
2. Users shall be liable for damage caused by insufficient management of user IDs or passwords of the System or their use by third parties and PASCO shall bear no responsibility.

Article 12 Change of Registered Matters
Users that are registered provided in the Article 10-2 (hereinafter referred to as "registered users") shall, without delay, inform PASCO of changes if there are any changes of registered matters in the method provided by PASCO on the System.

Article 13 Withdrawal
Registered users may withdraw from the Services in the method provided by PASCO on the System and cancel the registration as registered users by giving a notice to PASCO.

Article 14 Cancellation of Registration
1. PASCO may temporarily suspend or cancel the registration of registered users and delete uploaded data without giving a prior notice or demand under the following circumstances:
(1) Violation of any of the provisions herein
(2) Discovery of false information on registered matters
(3) No response to inquiries or other contact requesting a response from PASCO for 30 days or longer
(4) Changes or termination of contents of the System
(5) When PASCO deems the continuation of registration of registered users inappropriate.
2. PASCO may cancel user registration of registered users and delete uploaded data without giving a prior notice or demand under the following circumstances:
(1) When users (including its directors and employees) are members of an organized crime group or at least five years have not passed since they left such a group, or they are affiliated with such a group or a corporate extortionist or their equivalents, or they are closely tied to an organized crime group or its members (hereinafter collectively referred to as "organized crime group members").
(2) When users' business is deemed to be controlled by organized crime group members.
(3) When it is deemed that the power of organized crime group members is used or they are used to gain illicit property benefits for users' business or they have them engaged in their business to use their power.
(4) When it is deemed that users provide funds and favors to organized crime group members or they are involved in such a way to give them unfair priority.
3. PASCO shall bear no responsibility for damage caused to users due to its action based on the Article.

Chapter 4 Miscellaneous Provisions

Article 15 Governing Laws and Jurisdictional Court
1. The Terms of Use shall be governed by the laws of Japan.
2. The Tokyo District Court shall have the exclusive jurisdiction of the first instance over all disputes arising out of or in connection with the Terms of Use or the System.
3. The Term of Use is made in Japanese and translated into English. The Japanese version is the original and the English version is for reference purposes. If there is any conflict or inconsistency between these two versions, the Japanese version shall prevail.

[Established on July 14, 2014]

[Revised on September 15, 2015]

[Revised on May 15, 2020]