"FD Device" means hardware device that the Company manufactures, sells, and/or provides including, but not limited to, THINKLET, and any accessories and peripherals for such devices.
“FD Device Software” means any software or services required to activate, operate, and/or control any FD Device.
“Service” means services in which the Company lends the FD Device and the FD Device Software to the User for a rental purpose.
“User” means any person who uses the Service, whether an individual or a corporation.
The rental period of the Service ("Rental Period") shall be as specified at the time of application. The Rental Period shall be in monthly units.
1. The amount of rental fee for the Service (“Rental Fee”) shall be as specified at the time of application.
2. Unless otherwise agreed in writing, all invoices for the Rental Fee are payable by the end of the next month from the invoice date. All payments shall be delivered by wire transfer to the bank account specified in the invoice.
If the User terminates this Agreement before the end of the Rental Period, the User is still obligated to pay all Rental Fee for the entire Rental Period as initially set forth, and in no event will the Company refund such fee.
The Service may be extended upon the User’s request in writing by the 15th day of each month accepted by us. Extension of the Rental Period shall be effective from the 1st day of next month from the request. Notwithstanding the foregoing, the Company may not accept the User’s request for extension for any reason including, but not limited to, limited inventory of the FD Device and/or the FD Device Software.
If the User fail to return the FD Device and/or the FD Device Software by the end date of the Rental Period, the Company may claim additional charge (“Late Return Fee”) from the next day of termination up to the date all of the FD Device and/or FD Device Software arrives the place the Company designates for return. Late Return Fee will be calculated by prorating on the basis of 365-day.
The User shall use the FD Device and FD Device Software in accordance with the instruction manual, etc., and shall store and manage them properly in good faith.
In the event that any third party may place the FD Device and/or FD Device Software under distraint and/or provisional seizure or claim for rights on the FD Device and/or FD Device Software, the User shall immediately give a notice to the Company and return all the FD Device and FD Devices Software.
The User shall not, in any case, allow to use, assign, hold a mortgage on, sublet, or transfer of possession of any of the FD Device and the FD Device Software.
The Company hereby grants to the User the non-exclusive, non- assignable, non-transferable, non-sublicensable, and royalty-free rights to use the FD Device and FD Device Software only if the User comply with those expressly provided in the below:
Ownership and intellectual property rights of the FD Device, the FD Device Software, and documents attached to the FD Device and the FD Device Software belong to the Company.
The User is prohibited from separating or isolating the FD Device Software from the FD Device and using the FD Device Software for the purpose other than operating the FD Device.
The User is prohibited from making a copy of, duplicating, replicating, reverse-engineering, reverse-compiling, or reverse-assembling the FD Device Software.
The User is prohibited from disassembling, dismantling, analyzing, reforming, rebuilding, reverse-engineering of the FD Device.
The creation of any derivative equipment, etc. without the written permission of the Company is prohibited.
The User shall not use or disclose to any third party any of the Confidential Information except for the purpose of the User’s use of the FD Device, the FD Device Software, and the Service.
Notwithstanding the preceding paragraph, the User may disclose the Confidential Information if required by law, regulation or legal process, provided that in such event the disclosing party shall give the Company reasonable prior notice of such disclosure to the extent reasonably practicable and cooperate with the Company in any efforts to prevent such disclosure.
The User shall obtain prior written consent from the Company before reproducing any document or magnetic recording medium, etc. containing Confidential Information, and shall strictly manage the reproductions in accordance with Paragraph 2.
Whenever requested by the Company, the User shall, without delay and in accordance with the Company's instructions, return or destroy the Confidential Information and any written or other recorded media materials containing or containing the Confidential Information, and all copies thereof.
For the purposes of this clause, “Antisocial Forces” means: (i) an organized crime group, a member of an organized crime group, a related company or association of an organized crime group, and any other equivalent person of above; or (ii) a person who themselves or through the use of third parties conducts a demand with violence, an unreasonable demand beyond its legal entitlement, use of intimidating words or actions, damages the credit or obstructs the business of the other party by spreading false rumors or by the use of fraudulent, or any other equivalent actions of above. The User shall, at the time of and after the conclusion of this Agreement, represents and warrants that it is not under the control or influence of Antisocial Forces.
If any of the following is reasonably recognized to be the case by the User, the Company may terminate this Agreement without any notice.
Belonging to Antisocial Forces
Substantial involvement of Antisocial Forces in management
Using Antisocial Forces
Involvement in antisocial forces, such as providing funds, etc. or benefits to Antisocial Forces
Having a socially reprehensible relationship with Antisocial Forces
Using fraudulent, violent, or threatening words or deeds against related parties by oneself or through the use of a third party.
The User who falls under any of the items of the preceding paragraph shall be liable for compensation for damages incurred by the Company as a result of such termination, and shall not be entitled to seek compensation from the Company for damages incurred by the User.
The User may not assign, delegate, transfer, pledge, sublet, or hypothecate any of the User’s rights or obligations under this Agreement without the Company’s prior written consent of the Company and any assignment, delegation, transfer, pledge, subletting, or hypothecation or attempts thereof to assign, delegate, transfer, pledge, sublet, or hypothecate shall be null and void.
The User agrees that the Company may disclose the User’s account information and transfer the Company’s position, rights, and obligations under this Agreement to the Company’s affiliates, successor, or assignee as part of any merger, acquisition, sale of company assets, or transition of service to another provider.