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  Regulation on Group Use of Automotive Information Platform (e- Presentation Plan)
 
Article 1 Main points of this Membership Regulation
   MarkLines Co., Ltd., whose head office is located at 3-18, Akasaka 6-chome, Minato-ku, Tokyo, Japan (hereinafter referred to as "MarkLines") has been operating the website "MarkLines Automotive Information Platform" (URL: www.MarkLines.com) (hereinafter referred to as "Automotive Information Platform"). This regulation is to specify the rights and obligations that are applicable when any group, company or any other entity (hereinafter referred to as" User") has its members who belong to the User (hereinafter referred to as "Members") use those services (hereinafter referred to as "Service") provided by MarkLines in the Automotive Information Platform in accordance with Article 3 of this Regulation based on a corporate contract approval ID and password.
Note that Members shall be limited to persons who work within the organization of the User that is stated in the company name column on the application form for the Service and any employee of its foreign branch or representative office, or its affiliated or subsidiary company shall not be considered as a Member. In order for any such employee to make use of the Service, a separate application must be completed by the foreign branch or representative office, or the affiliated or subsidiary company.
Furthermore, employees who are transferred from User companies to other companies, including group companies, subsidiaries, overseas branches or representative offices, come under the jurisdiction of these other companies and as such are no longer eligible to avail themselves of the Service provided to the original User company that transferred these employees. In order for these employees to avail themselves of the Service, the other companies to which these employees were transferred will need to become Users.
However, employees transferred must be have the status of regular, full-time employees at the other companies, since persons transferred to work temporarily on assignment or work in the capacity of guest engineers, for example, are ineligible to use the Service.
 
Article 2 Regulation on individual ID use of Automotive Information Platform (e- Presentation Plan)
   User shall abide by all of the provisions of this Regulation as well as the "Regulation on Individual ID Use of Automotive Information Platform (e- Presentation Plan)" , the "Regulation on Use of Automotive Information Platform (e- Presentation Plan)" and the "Regulation on Use of Information Transmission Service (e- Presentation Plan)" provided separately (these three regulations and this present Regulation are hereinafter collectively referred to as the "Relevant Regulations"). If there is anydifference between the Relevant Regulations, the provisions of this Regulation shall takeprecedence.
 
Article 3 Services provided
1.   Members may obtain individual ID and password of the Automotive Information Platform and use the Marketing Tools, by applying for the use of the Automotive Information Platform as provided in Article 3 of the "Regulation on Individual ID Use of Automotive Information Platform (e- Presentation Plan)" by using the corporate contract approval ID and password of the Automotive Information Platform.
2.   MarkLines may change any Service set forth in the Preceding Paragraph hereof to this Service and/or delete any menu from this Service by making a notice to Members; provided, however, that MarkLines shall give such notice to Members in accordance with Article 2 of "Regulation on Individual ID Use of Automotive Information Platform (e- Presentation Plan)."
 
Article 4 Application for use
   Any company that desires to apply for the purpose of obtaining a corporate contract approval ID and password (hereinafter referred to as "Applicant") shall fill in the necessary information in the application form for the Service in order to apply for the corporate contract approval ID and password (hereinafter referred to as " Application for Use").
Note that use of this Service shall be limited to the Applicant that is stated in the company name column on the application form. In order for the Applicant's any affiliated companies, subsidiary companies, foreign branches, or foreign representative offices to make use of the Service, they each must complete a separate Application for Use.
 
Article 5 Approval of Application for Use
1.   After Applicant completes and submits the Application for Use set forth in Article 4 hereof, MarkLines will investigate it. However, Applicant is requested to understand in advance that MarkLines may, when necessary, ask Applicant to present a certified copy of Applicant's seal impression, a certified copy of commercial registration as well as any other documents designated by MarkLines as being necessary.
2.   When MarkLines has decided to accept such Application for Use, MarkLines will issue to the Applicant its corporate contract approval ID and password. MarkLines shall send the corporate contract approval ID and password to the User by postal mail arranged through the consigned company. It is deemed that the registration of Applicant has been completed upon issue of the corporate contract approval ID and password.
3.   At the time of such completion of registration as provided in the preceding Paragraph, User and MarkLines are deemed to have entered into agreement on the provision of this Service based on the provisions hereunder.
4.   MarkLines may refuse Application for Use if Applicant falls under any one of the following cases:
(1) In the past, MarkLines has cancelled or refused to accept the qualification of the Applicant because of the breach of some regulation applicable to the users of the services provided by MarkLines.
(2) There is some false statement in the Application for Use.
(3) MarkLines deems the Applicant as ineligible to be a user of this Service or for some other reason considers it improper to accept the Applicant as a user.
5.   The corporate contract approval ID and password of User shall be valid during the service provision period stated in the Application for Use. Unless User notifies MarkLines by three months prior to the expiration of the service provision period, the valid period of the corporate contract approval ID and password of User shall automatically be extended for another service period (the duration of which shall be the same as that of the expiring service period). This shall also be applicable thereinafter.
6.   Even after accepting the Application for Use, should the User accepted by MarkLines fail to abide by any provision of the Relevant Regulations , MarkLines may cancel the acceptance of the Application for Use by sending a notice to the User and revoking the issued corporate contract approval ID and password by sending a notice to the User.
7.   The User shall, at its own cost and responsibility, procure such communication equipment and software as required to use this Service. And the User shall, at its own cost and responsibility, use this Service through its opted electric communication service system.
 
Article 6 System rental fee
   User shall pay to MarkLines the system rental fee that User incurs in respect the use of the system of MarkLines, the amount of which is specified in the application in the payment method designated by MarkLines in the application form, etc. A bank transfer charge and/or any other extra charges associated with this payment shall be borne by User.
 
Article 7 Control of corporate contract approval ID and password
1.   The User shall use and control its corporate contract approval ID and password at User's own responsibility.
2.   The User shall neither allow any third party or parties (excluding its Member(s), hereinafter the same) to use the corporate contract approval ID or password nor shall User lend, transfer or sell the ID or password to any third party or parties, change the ownership or set mortgage on them.
3.   The User shall be held responsible for any and all of the losses and/or damages resulting from inadequate control, misuse of the corporate contract approval ID and /or password or from the use thereof by a third party, and MarkLines shall bear no responsibility for such losses or damages.
4.   In the case that the User finds that its corporate contract approval ID and /or password has been stolen or used by any third party(ies), the User shall immediately inform MarkLines accordingly and shall follow the instructions given by MarkLines if any.
5.   MarkLines shall bear no responsibility for any losses or damages incurred by the User when the corporate contract approval ID and/or the corresponding password of User has been used by any third party(ies), whether there is any willful negligence or default on the part of the User. Should the User forget its password established by the User itself, the User shall immediately inform MarkLines accordingly and follow the instructions given by MarkLines.
6.   In the event that the User has caused damages to any third party(ies) because of or in relation to this Service, User shall, at its own responsibility and expense, solve the related problems and shall not cause any trouble, loss or damage to MarkLines.
 
Article 8 Responsibility for use by Member
   The User shall be responsible for having its Members abide by the Relevant Regulations and laws. If a Member has caused any damages to MarkLines, a Provider of Contents and/or any other third party due to any violations by the Member against the Relevant Regulations or laws, the User shall bear full responsibility for compensating these damages and shall relieve MarkLines, the Provider of Contents and any other third party from any and all responsibility for such damages.
 
Article 9 Changes in registration items
   In the case that there arises a change in any information registered in the Application for Use, User shall promptly inform MarkLines of it by utilizing the form designated by MarkLines. User is requested to understand in advance that MarkLines may ask User to present necessary documents to MarkLines whenever MarkLines seems it necessary.
 
Article 10 Cancellation of user qualification
   MarkLines may cancel the qualification of User without any prior notice immediately or in the future if User should fall under any one or more of the following cases. Even in the event that MarkLines cancels the qualification of a User, MarkLines is not required to refund to User any system fee already paid by the User and, this notwithstanding, the User is required to pay the system fee to MarkLines pursuant to the provisions of this Regulation:
(1) User provided MarkLines with some false information at the time of presenting the Application for Use.
(2) Such fact has become apparent that User was disqualified in the past or is being disqualified by MarkLines because of breach of any one of the RelevantRegulations.
(3) Insolvency, suspension of payment or receipt of or petition for proceedings of bankruptcy, composition, special liquidation, dissolution, company arrangement or corporate rehabilitation.
(4) User has experienced the refusal to honor a draft or a check at least once, thus causing suspension of payment at the clearing house.
(5) User has caused damages to be incurred by MarkLines and/or a third party due to breach of Relevant Regulations, willful negligence or omission.
(6) MarkLines deems User as being ineligible as a user of this Service.
 
Article 11 Transfer of status
1.   Without the prior written consent of MarkLines, User shall not transfer, assign to any third party, set mortgage on or otherwise dispose of any status as User in this Regulation hereunder, any obligations or rights of User specified hereunder. 
2.   In the case that MarkLines transfers the business of providing this Service to any other company or assignee, MarkLines may transfer to that company or assignee the status of MarkLines outlined in this Regulation hereunder, the rights or obligations of MarkLines hereunder, the Registration Items of User and/or any other related customer information. In this Paragraph hereof User agrees in advance upon such transfer of the status provided in this Regulation hereunder, the rights or obligations hereunder, the Registration Items of User and/or any other related customer information.
 
Article 12 Amendment
   MarkLines shall inform Users of any amendments of this Regulation in accordance with Article 2 of "Regulation on Individual ID Use of Automotive Information Platform (e- Presentation Plan)."
 
Article 13 Governing law and jurisdiction
   This Regulation shall be governed by Japanese laws. Any dispute arising out of or in relation to this Regulation shall be settled by the Tokyo District Court of Japan as the exclusive court having jurisdiction.
 
Article 14 Resolution
   Any matter not provided herein, any objection or difference in the interpretation hereof shall be consulted and settled by the parties hereto under the principles of sincerity and good faith and in a prompt manner.
 
(Established on May 1, 2001)
(Amended on August 1, 2001)
(Amended on February 15, 2003)
(Amended on July 10, 2003)
(Amended on June 1, 2004)
(Amended on September 1, 2004)
(Amended on September 14, 2004)
(Amended on October 25, 2005)
(Amended on May 12, 2008)
  Regulation on Use of Automotive Information Platform (e- Presentation Plan)
 This regulation shall apply to the entire relationship between the User and MarkLines Co., Ltd. (hereinafter referred to as "MarkLines") in relation to the User's use of the Automotive Information Platform operated by MarkLines.
 
Article 1 Definitions
1.   "This Service" means those services provided in the MarkLines website under the names of Information-Transmission Tools of MarkLines Automotive Information Platform for the purpose of dispatching information through the Internet.
2.   "User" means any person, company or other entity that intends to use this Service by acknowledging this Regulation, after having been registered in the individual ID service of Automotive Information Platform provided by MarkLines by acknowledging the "Regulation on Individual ID Use of Automotive Information Platform (e- Presentation Plan)," and that has been approved by MarkLines to use this Service.
3.   All of the rights, including the intellectual property rights to film and graphic images and software related to this Service, shall belong to MarkLines and the respective information providers.
 
Article 2 User
1.   User shall use this Service in strict accordance with this Regulation and the "Regulation on individual ID use of Automotive Information Platform (e- Presentation Plan)."
2.   If this Service has a service for which a specific operational regulation has been set forth, the User shall conform to that operational regulation in using such service.
3.   When using this Service, the User shall not cause any trouble or damage to any third party or commit any acts that might hinder the operation of this Service or be deemed as being against public order and/or standards of decency.
 
Article 3 Amendment
   MarkLines shall inform Users of any additions to or amendments of any provisions in relation to separate operational regulations referred to in Paragraph 2 of the preceding Article in accordance with Article 2 of "Regulation on Individual ID Use of Automotive Information Platform (e- Presentation Plan)."
 
Article 4 Obligations of User
1.   User shall not use this Service for any illegal or inappropriate purposes.
2.   User shall not provide any third party(ies) with any information or any copies thereof obtained through this Service.
3.   Should the User have caused any losses or damages to MarkLines and/or any third party(ies) in relation to this Service, the User shall compensate MarkLines and/or the third party(ies) for any and all such losses or damages.
 
Article 5 Qualification
   MarkLines may suspend the qualification for accessing this Service temporarily or revoke it entirely should the User fall under any one of the following items. Furthermore, if any damages are inflicted on MarkLines and/or a third party due to any one of the following items, the User shall bear the full responsibility for compensation of such damages:
(1) There is any false statement in the Registration Items,
(2) The User uses the individual ID and/or password of the Automotive Information Platform in an illegal or inadequate manner or the User allows any third party(ies) to do so,
(3) The User has somehow hindered the operation of this Service, or
(4) The User is in breach of this Regulation or any operational regulation.
 
Article 6 Non-indemnification
1.   MarkLines does not represent any assurance concerning completeness, sureness or effectiveness of the system of this Service or the quality of services provided.
2.   MarkLines is in no way responsible for any losses or damages incurred directly or indirectly by the User or any third party in relation to the use of this Service, regardless of  the features and conditions of these losses or damages.
3.   There exists a link(s) through which information is transmitted from the MarkLines website to other websites and a link (s) through which information is transmitted from a third party to the MarkLines website. Under no circumstances, shall MarkLines bear any responsibility for information obtained through any such links.
 
Article 7 Maintenance
   MarkLines may, without prior notice to Users, interrupt the operation of this Service in order to maintain favorable operating conditions of this Service.
 
Article 8 Others
1.   The exclusive jurisdiction for any dispute arising in relation to this Service shall be with the Tokyo District Court of Japan.
2.   Any matter not provided for in this Regulation, any objection or difference in the interpretation of this Regulation shall be resolved by the parties hereto through mutual consultation under the principles of sincerity and good faith.
3.   In order to improve the quality of this Service, MarkLines may alter any program, means of communication and/or contents of information related to the provision of this Service.
 
(Established on May 1, 2001)
(Amended on August 1, 2001)
(Amended on September 1, 2004)
  Regulation on Individual ID Use of Automotive Information Platform (e- Presentation Plan)
 MarkLines Co., Ltd., whose head office is located at 3-18, Akasaka 6-chome, Minato-ku, Tokyo, Japan (hereinafter referred to as "MarkLines") has been operating the website "MarkLines Automotive Information Platform" (URL:www.MarkLines.com)(hereinafter referred to as "Automotive Information Platform"). This regulation specifies the rights and obligations of an individual customer that are applicable when the customer uses those services (hereinafter referred to as "this Service") provided by MarkLines in the Marketing Tools of Automotive Information Platform based on the personal ID and password. When an individual customer completes the procedures for registration and clicks the space designated "AGREE," the customer is deemed to have agreed on all of the terms of this Regulation.
 
Article 1 Scope and amendment
1.   This Regulation shall apply to all the users of this Service (hereinafter referred to as "the User"). The User is deemed to have agreed on all the provisions of this Regulation when the User clicks the space designated " AGREE" in the image of this Regulation in the Automotive Information Platform or when the User expresses its acceptance of this Regulation in one of the ways designated separately by MarkLines; provided, however, that the application for use of the Automotive Information Platform shall be filed in accordance with the provisions of Article 3 hereof.
2.   All of the individual provisions provided by MarkLines separately shall constitute part of this Regulation. If such individual provisions differ in any way from this Regulation, the individual provisions shall take precedence. MarkLines shall notify the User of any amendments of this Regulation and the individual provisions in accordance with the provision of Article 2 hereof.
 
Article 2 Notice and method of acceptance
1.   Whenever MarkLines gives any notice to the User, MarkLines shall show the notice in the Automotive Information Platform and/or use e-mail or any other means that MarkLines deems adequate unless otherwise set forth in this Regulation.
2.   In the case that the notice mentioned in the preceding Paragraph is sent by e-mail, such notice is deemed to have been served to the User at the time that the e-mail with the notice is dispatched to the e-mail address that was registered by the User in accordance with Article 3 hereof at the time of application for use of this Service and by which the User thereinafter carries out revision procedures in accordance with Article 6 Paragraph 3 hereof.
3.   In the case that the notice mentioned in Paragraph 1 of this Article is made by public display in the Automotive Information Platform, such notice is deemed to have been served to the User at the time that such notice is displayed in the Automotive Information Platform.
4.   In the case that MarkLines has made a notice to the User by either one of the two methods mentioned above, MarkLines deems that the User has agreed on the statement of the relevant notice unless the User expresses any particular objection against the statement of the notice.
 
Article 3 Application for use of Automotive Information Platform
1.   Any individual who wishes to use the Automotive Information Platform shall input, in accordance with the procedures set forth for the Automotive Information Platform, the corporate contract approval ID and password provided by MarkLines to the group or company to which the person belongs pursuant to the "Regulation on Group Use of Automotive Information Platform (e- Presentation Plan)"and shall complete the application for use of Automotive Information Platform (hereinafter referred to as "Application for Use").
2.   In addition to all the provisions hereof, any individual who wishes to use the Automotive Information Platform specifically agrees to the following:
(1) To provide MarkLines with all up-to-date and accurate information about the user at the time of registration, and
(2) To keep the registered information up-to-date at all times, complete and accurate in accordance with this Regulation.
3.   MarkLines shall bear no responsibility for any losses or damages incurred by the User because of any error in the registered information.
 
Article 4 Acceptance of Automotive Information Platform
1.   After an Applicant makes the Application for Use as referred to in Article 3 hereof, MarkLines shall investigate the Application for Use in detail. In the case that MarkLines decides to accept the Application for Use, MarkLines shall issue an individual ID and password for the Automotive Information Platform, of which MarkLines shall notify the Applicant at its e-mail address registered at the time of application made in accordance with Article 3 hereof. Upon such notice, the Applicant shall become a qualified user of this Service hereunder and thereinafter the Applicant may use this Service as specified hereunder. At the time that the Applicant first logs into the Automotive Information Platform using the relevant individual ID and password, the identification information will be stored in the user's personal computer and thereinafter both the individual ID for the Automotive Information Platform and the stored identification information will be checked at the same time whenever logging is conducted. Therefore, the Applicant will be able to access the Automotive Information Platform only through the computer used at the time of the initial logging. In the case that a User has to replace the computer because of a change in workplace or for any other reason, the User shall so notify MarkLines in accordance with Article 6 Paragraph 3 hereof. When MarkLines accepts such request for replacement, MarkLines shall notify the User at the registered e-mail address that the identification information has been deleted from the server. After such notice, the User will be able to use this Service by conducting the initial log-in procedure into the Automotive Information Platform through a new personal computer.
2.   MarkLines may refuse Application for Use if the individual who wants to use the Automotive Information Platform falls under any one of the following cases:
(1) The person has already become a user of this Service.
(2) The person was once disqualified by MarkLines in the past because of breach of some regulation applicable to the User concerning the services provided by MarkLines.
(3) There is some false or erroneous statement or omission in the information provided for the Application for Use.
(4) MarkLines deems it inadequate to make the person a user of this Service because of some other reason.
3.   Even after MarkLines has accepted the Application for Use, if the User accepted by MarkLines has proved to fall under any one of the items mentioned in the preceding Paragraph or if the User is in breach of any provision of this Regulation, MarkLines may cancel the acceptance of Application for Use and delete the issued individual ID and password for access to the Automotive Information Platform by sending a notice to the User concerned.
4.   The user shall, at its own responsibility and expense, procure all of the communication equipment and software required to use this Service. In addition, the user shall, at its own expense and responsibility, use this Service through its opted electric communication service system.
 
Article 5 Control of individual ID and password
1.   The User shall use and control its individual ID and password for Automotive Information Platform at User's own responsibility.
2.   The User shall neither allow any third party(ies) to use its individual ID or password for access to the Automotive Information Platform nor lend, transfer or sell the individual ID or password, change the ownership thereof or set mortgage thereon.
3.   The User shall be responsible for any and all losses or damages resulting from inadequate control, misuse or use by a third party, of the individual ID and/or password for access to the Automotive Information Platform, and MarkLines shall bear no responsibility for any such losses or damages.
4.   Whenever the User discovers that its individual ID and /or password for access to the Automotive Information Platform has been stolen or used by a third party, the User shall immediately inform MarkLines accordingly and shall follow the instructions of MarkLines if any.
5.   MarkLines shall bear no responsibility for any losses or damages incurred by the User when the ID of the User and/or the corresponding password has been used by a third party, regardless of whether there is or is not any willful negligence or default on the part of the User. Should the User forget the password established by itself, the User shall immediately inform MarkLines accordingly and shall follow the instructions of MarkLines.
6.   Should the User have caused damages to be incurred by a third party because of or in relation to this Service, the User shall, at its own responsibility and expense, solve the related problems, and shall not cause any trouble, loss or damage to MarkLines.
 
Article 6 Use and revision of registration information
1.   MarkLines may use the information registered by the User at the time of Application for Use and the information known by MarkLines while the User uses this Service, including log-in data, for the purpose of operating this Service.
2.   Without prejudice to the preceding Paragraph, MarkLines shall not disclose the information set forth in the preceding Paragraph to any third party except in the following cases:
(1) In the case that MarkLines discloses personal information collected by MarkLines as statistical data (in which no individual is identifiable) for the purpose of understanding the trends of use of this Service.
(2) In the case that MarkLines is required by law or by a government agency to disclose relevant information.
(3) In the case that the User discloses to a Supplier of Contents such limited personal information as company name, department, personal name, address, telephone number and/or e-mail address of the User, in sending e-mail inquiry to the Supplier of Contents in this Service.
3.   In the case that there occurs any change in the information registered at the time of Application for Use, the User shall promptly notify MarkLines accordingly in the designated manner.
4.   The User herewith acknowledges in advance that, if the User fails to give MarkLines the notice as set forth in the preceding Paragraph, when a notice made by MarkLines is not delivered to the User, it shall be deemed that the notice has been served to the User at the reasonable time.
 
Article 7 Prohibition
   The User shall not conduct any of the following acts when using this Service:
(1) Any act that infringes or is likely to infringe on the copyrights and/or any other rights owned by MarkLines, other users or any third party (including Suppliers of Contents; hereinafter the same),
This includes, but not be limited to, transferring and posting any part of MarkLines' contents on any other databases or networks regardless of whether internet or intranet.
(2) Any act that infringes or is likely to infringe on the properties or privacy of MarkLines, other users or any third party,
(3) Any act that causes or is likely to cause losses or damages to MarkLines, other users or a third party,
(4) Any act that slanders or insults other users, any third party or MarkLines,
(5) Any act against or likely to be against the public order or standards of decency or any act that provides other users with information that is against the public order or standards of decency,
(6) Any criminal act or any act that leads or is likely to lead to a criminal act,
(7) Any act that uses the individual ID and /or password for access to the Automotive Information Platform in an illegal or inadequate manner, and
(8) Any act that uses or provides a harmful program such as a computer virus through or in relation to this Service.
 
Article 8 Cancellation of user qualification
1.   If a User falls under any one of the following cases, MarkLines may, without prior notice to the User, immediately suspend and/or cancel the qualification as user of the relevant User.
(1) It is found that there is a false statement in the Application for Use.
(2) The User has committed or been a party to any one of the acts mentioned in Article 7 hereof.
(3) The User has hindered the operation of information services in any way whatsoever.
(4) The User is in breach of this Regulation because of some reason.
(5) MarkLines deems the User to be ineligible as a user of this Service because of some other reason.
2.   MarkLines shall bear no responsibility for any losses or damage incurred by the User when the User becomes unable to use this Service when MarkLines has cancelled service as a result of any one or more of the actions mentioned in the preceding Paragraph hereof.
 
Article 9 Damages
   If the breach by the User against this Regulation and/or any pertinent laws has caused losses or damages to MarkLines and/or third parties including Suppliers of Contents, the User shall bear full responsibility for such losses and/or damages and shall fully indemnify MarkLines and any affected third parties including Suppliers of Contents for the losses and/or damages.
 
Article 10 Forfeiture of qualification
   In the case that the User wants to terminate the use of this Service, the User shall so notify MarkLines in the designated manner. At the time that MarkLines issues a notice of termination of use, the User shall lose the qualification as user provided in this Regulation; provided, however, that this Regulation shall remain applicable to the User in relation to this Service used by the User until such termination of qualification.
 
Article 11 Service conditions, amendment and suspension
1.   MarkLines may monitor the use of this Service with respect to the operation of this Service and may limit accessibility to this Service at its sole discretion whenever MarkLines deems it necessary.
2.   MarkLines may suspend temporarily or permanently the operation of this Service in any one of the following cases:
(1) In the case that MarkLines conducts periodic or urgent maintenance work on the system of this Service.
(2) In the case that MarkLines has become unable to provide this Service in a usual manner due to war, riot, civil war, labor dispute, earthquake, eruption, flood, tsunami, fire, power failure or other emergencies or force majeure.
(3) In the case that MarkLines deems it necessary to temporarily suspend the operation of this Service for any other reason.
3.   In the case that MarkLines decides to suspend temporarily or permanently the operation of this Service pursuant to the provision of the preceding Paragraph hereof, MarkLines shall so notify the User in advance, except in a n emergency case in which notification is not possible.
4.   MarkLines shall in no way bear any responsibility for any damages incurred by the User and/or any third party due to the limitation of accessibility to this Service or any temporary or permanent suspension of this Service.
 
Article 12 Rights
1.   The rights for all the programs, software, services, procedures, trademarks and trade names that constitute this Service, the rights for the services provided by Providers of Contents and the rights for the technology related to or associated with such services shall belong to either MarkLines or the Provider of Contents. The User shall never act to infringe on these rights by any means.
2.   The User may not use any information or file provided throug h this Service in any way whatsoever or for any purposes other than the private use by the individual User as set forth in the Copyright Law of Japan; provided, however, that this is not applicable in the case that the User has obtained a prior consent from the person who owns or holds the relevant rights.
3.   In no way shall the User allow any third party to use or to make public any information or files provided through this Service; provided, however, that this provision is not applicable in the case that the User has obtained a prior consent from the person who owns or holds the relevant rights.
4.   Should any dispute arise due to any breach by the User of a provision hereof, the User shall, at its own cost and responsibility, solve the dispute, and the User shall indemnify MarkLines and keep it from being held liable of any relevant responsibility and/or damages.
 
Article 13 Indemnification
   Unless otherwise provided separately, MarkLines shall bear no responsibility for any losses or damages incurred by the User and/or amy third party(ies) due to any delay, change, temporary or permanent suspension, discontinuation and/or termination of this Service, leakage or loss of information registered or provided in this Service or otherwise in relation to this Service.
 
Article 14 Others
1.   Should any dispute arise between the User and MarkLines in connection with this Service, the parties hereto shall consult with each other with sincerity and in good faith.
2.   Should the parties hereto be not able to solve the dispute through mutual consultation pursuant to the preceding Paragraph hereof, the first exclusive jurisdiction over the matter shall be with the Tokyo District Court of Japan.
 
(Established on May 1, 2001)
(Amended on August 1, 2001)
(Amended on March 18, 2004)
(Amended on September 1, 2004)
(Amended on May 12, 2008)
  Regulation on Use of Information-Transmission Service (e- Presentation Plan)
Article 1 Application
1.   The purpose of this Regulation (hereinafter referred to as " this Regulation") is to specify the contractual relationship of rights and obligations between the User referred to in Article 1 of "Regulation on Group Use of Automotive Information Platform (e- Presentation Plan)" (hereinafter referred to as "Sender") and MarkLines Co., Ltd. (hereinafter referred to as "MarkLines") in connection with the use by Sender of those services referred to in Article 2 Paragraph 1 of this Regulation (hereinafter referred to as "Service") provided by MarkLines in the Automotive Information Platform. This Regulation shall apply to all relations between Sender and MarkLines in connection with the use of the Service.
2.   The rules and/or regulations provided from time to time by MarkLines on the MarkLines websites (as defined in Article 2 Paragraph 2 herein) in relation to the Service shall constitute part of this Regulation.

Article 2 Definitions
1.   For the purpose of this Regulation, "this Service" is defined as meaning those services specifically mentioned in the following items 1 to 2 , that are to be provided in the MarkLines websites under the name of the MarketingTools of the MarkLines Automotive Information Platform, and that is the provision of opportunities to those companies that want to provide information related to their particular products and technologies to any individuals and/or companies who want to access and/or obtain such information; provided, however, that when there is a change in any of these services due to any reason whatsoever, this Service shall include any service that is to be provided after such a change:
(1) Product Spotlight Builder
(2) Opt-in Mail (Sending)
2.   For the purposes of this Regulation, "the MarkLines website" is defined as meaning the website managed by MarkLines under the domain of "MarkLines.com" (when there is a change in the website due to any reason whatsoever, the MarkLines website shall include
any website adopted after such a change).
3.   For the purposes of this Regulation, "Information Viewer" is defined as meaning any person or company who uses this Service in order to see and/or obtain information related to particular products and technologies.
4.   For the purposes of this Regulation, "Intellectual Property" is defined as meaning copyrights, rights to patents, utility models, trademarks, designs and any other intellectual properties, including the rights to apply for the registration of any of these intellectual property rights.

Article 3 System rental fee
   For any reason whatsoever including the fact that the Sender has not been able to obtain any access or response from Information Viewer to information related to particular products and technologies provided by Sender , MarkLines will not refund any of the system rental fee already paid by Sender , while Sender shall not be relieved from the responsibility of paying its system rental fee to referred to in Article 6 of "Regulation on Group Use of Automotive Information Platform (e- Presentation Plan)" MarkLines as specified hereunder.
 
Article 4 Use of this Service
1.   Unless Sender fails to follow any of the provisions hereof, Sender may use this Service in accordance with the method designated by MarkLines for the limited purposes provided hereunder within the period registered effectively.
2.   When using the system, Sender shall not carry out or in any way participate in any of the following acts:
(1) To infringe on any rights and/or benefits related to the intellectual property rights, portrait rights, privacy rights, reputation or other relevant matters of other users of this Service or any third party(ies),
(2) To transmit to the MarkLines website any such information of which the reproduction or copying, alteration, transmitting, or any other related acts by MarkLines for this Service should infringe on the intellectual property rights, portrait rights, privacy rights and/or any other relevant rights or benefits of any other users of this Service or any third party(ies),
(3) To carry out or participate in any act related to criminal deeds,
(4) To breach any internal law or regulations set forth by trade association(s),
(5) To act against public order and standards of decency,
(6) To cause or to be likely to cause any Information Viewer to misunderstand or misjudge any information,
(7) To transmit to the MarkLines website any harmful computer programs, including e-mail infected with a computer virus,
(8) To falsify available information concerning this Service,
(9) To use any system, software or algorism by which a question or an enquiry from a Information Viewer can automatically be responded to, except when the use of such system, software or algorism is approved by MarkLines in advance, and
(10) To commit any other acts deemed by MarkLines as being inappropriate.
3.   If MarkLines deems that any transmission of information on in this Service by Sender to a website falls or is likely to fall under any one of the items in the preceding Paragraph, MarkLines may delete all or part of such information without prior notice to Sender .
4.   When the Sender receives any enquiry or question in relation to this Service from a Information Viewer, the Sender shall promptly contact the Viewer and shall make every effort to respond to the question or enquiry in a sincere manner.
 
Article 5 Control of Maintenance Password
1.   Sender shall control and safeguard its maintenance password under its own responsibility and shall not allow any third party or parties to use the maintenance password, lend, transfer or sell the maintenance password to any third party or change the name of ownership thereof.
2.   Sender is responsible for any losses or damages resulting from the inadequate control of the maintenance password, the misuse thereof or the use thereof by a third party, and MarkLines shall not be held responsible for any of such losses or damages.
3.   Sender shall immediately notify MarkLines and follow the instructions of MarkLines when Sender has found that the maintenance password of Sender has been stolen or used by any third party.
 
Article 6 Suspension or discontinuation of this Service
1.   MarkLines reserves the right to suspend or discontinue the provision of all or part of this Service without prior notice to Sender if any one of the following events occurs:
(1) When a periodic or urgent inspection or maintenance of the computer system related to this Service has to be carried out,
(2) When any computer or communication circuit related to this Service stops functioning due to some accident,
(3) When this Service has become inoperable due to fire, power failure, Acts of God or any other events beyond the reasonable control of MarkLines, or
(4) When there occurs any other event in which MarkLines deems it necessary to suspend or discontinue this Service.
2.   MarkLines shall not bear any responsibility for losses or damages incurred by Sender when MarkLines has taken some action in accordance with the preceding Paragraph.
 
Article 7 Rights
   The ownership and intellectual property rights related to the data or information produced by Sender and transmitted by Sender to the MarkLines website in order to be used in this Service shall belong to Sender .
 
Article 8 Compensation
1.   MarkLines shall not be required to become involved in any actual negotiation, transactions or payment and shall be relieved from any responsibility for compensating the Sender for any losses, damages or costs incurred by the Sender in connection with this Service, or any losses, damages or costs incurred by the Sender in connection with the suspension, discontinuation, inability to use, or changes in the provision of this Service, deletion of information on Sender and/or cancellation of registration of Sender pursuant to this Regulation, provided that the losses, damages or costs mentioned herein shall mean not only direct or usual losses, damages or costs but also the loss of income receivable, business opportunities or data, suspension of business or any other losses, damages or costs incurred by Sender indirectly, specially, derivatively or incidentally.
2.   Even in the case that MarkLines should decide to pay losses or damages to Sender for some reason, the amount of such payment made by MarkLines to Sender shall not exceed the total amount of the system rental fee actually received by MarkLines from Sender for the past one year counted retroactively from when the event attributable to such losses or damages occurred.
 
Article 9 Settlement of disputes and payment of damages
1.   Sender shall pay to MarkLines those damages that have been incurred by MarkLines due to non-performance by Sender of any of the provisions of this Regulation or in relation to this Service.
2.   If any claim is received by Sender from any service applicant or other third party(ies) in connection with this Service or if any dispute arises between Sender and any of those persons or entities, Sender shall immediately so notify MarkLines, solve such claim or dispute at the expense and responsibility of Sender and shall report the results to MarkLines.
3.   In the case that MarkLines should receives any request from a third party for compensation of damages in relation to the use of this Service by Sender because of possible infringement on the third party's intellectual property rights or any other reason whatsoever, Sender shall compensate MarkLines for the entire amount of such damages that MarkLines has been obliged to pay to the relevant third party.
 
Article 10 Confidentiality
1.   For the purposes of this Regulation, "Confidential Information" is defined as meaning the information related to the technology, business, procedures, finance, organization and/or any other information that has been provided or disclosed by the disclosing party hereto to the other party hereto regardless of whether such disclosure occurred in writing, verbally or by magnetic media and any other information that has come to be known by the other party hereto in relation to this Service; provided, however, that the following information shall be excluded from the information that is deemed to be Confidential Information:
(1) Information that was already known by the other party hereto and/or by the public at the time that the information was provided or disclosed by the disclosing party hereto,
(2) Information that has become known by the public through a publication or any other media due to some reason not attributable to the other party hereto after the information is provided or disclosed by the disclosing party hereto to the other party hereto,
(3) Information that has been legally obtained by the other party hereto without forgoing any obligation of confidentiality from any third party who has legally been authorized to provide or disclose the information,
(4) Information that has been developed by the other party hereto independently and without depending on Confidential Information, or
(5) Information that the disclosing party hereto confirms in writing as non-Confidential Information.
2.   Both MarkLines and Sender shall use Confidential Information only for the purposes of this Service. Neither MarkLines nor Sender shall provide, disclose or leak any Confidential Information of the other party hereto to any third party(ies) without the prior written consent of the other party hereto.
3.   Notwithstanding the provision of the preceding Paragraph, MarkLines may use any Registration Items o f the Sender and other customer information related to other business activities of MarkLines in order to improve the quality of MarkLines'services.
4.   Notwithstanding the provision of Paragraph 2 of this Article, MarkLines and Sender may disclose Confidential Information in accordance with a compulsive order, demand and/or request based on relevant law, and/or given by a court or a governmental agency: provided, however, that the party hereto shall promptly notify the other party hereto after receiving such order, demand or request.
5.   Whenever either MarkLines or Sender makes a copy or copies of a document or magnetic media containing Confidential Information, such copying party hereto shall obtain the prior written consent of the other party hereto and shall safeguard these copies in a strict manner pursuant to Paragraph 2 of this Article.
6.   Whenever either MarkLines or Sender receives a relevant request from the other party hereto, the requested party shall without delay return to the requesting party or dispose of any Confidential Information and/or a document, magnetic media or other media that contain Confidential Information together with all of the copies thereof, in accordance with instructions given by the requesting party.
 
 
Article 11 Amendment of this Regulation
1.   Whenever MarkLines deems it necessary, MarkLines may amend any or all of the provisions of this Regulation (this Regulation shall include the rules and regulations rela ted to this service shown in the MarkLines website; hereinafter the same), and/or any content of this Service.
2.   Whenever MarkLines has amended any provision of this Regulation and/or content of this Service, MarkLines shall so notify Sender specifically. MarkLines shall give such notice to Sender in accordance with Article 2 of "Regulation on Individual ID Use of Automotive Information Platform (e- Presentation Plan)."
 
Article 12 Contact/Notice
   Any enquiry, contact or notice from Sender to MarkLines concerning this Service and other related matters and any contact or notice from MarkLines to Sender concerning amendment of this Regulation and other related matters shall be carried out in accordance with the method designated by MarkLines.
 
Article 13 Entire agreement
   This Regulation constitutes the entire and only agreement between the parties hereto with respect to the subject matter hereof, and supersedes all of the prior or contemporaneous agreements, representations and understandings made either on a verbal basis or in writing with respect to the subject matter hereof.
 
Article 14 Severability
   If all or part of any provision of this Regulation is subsequently held invalid or unenforceable by any court or authority agent, such invalidity or unenforceability shall in no way affect the validity or enforceability of any other provisions hereof or any other part of the provision part of which has been held invalid or unenforceable.
 
Article 15 Survival
   All of the provisions of Article 7; Article 8; Article 10; Article 16 and this Article shall continue to remain in effect when and after the service provision period based on Article 5 Paragraph 5 of the "Regulation on Group Use of Automotive Information Platform (e- Presentation Plan)" has been terminated.
 
Article 16 Governing law and jurisdiction
   This Regulation shall be governed by Japanese laws. Any dispute arising out of or in relation to this Regulation shall be settled by the Tokyo District Court of Japan as the exclusive court having jurisdiction.
 
Article 17 Resolution
   Any matter not provided herein, any objection or difference in the interpretation hereof shall be consulted and settled by the parties hereto under the principles of sincerity and good faith and in a prompt manner.
 
(Established on May 1, 2001)
(Amended on August 1, 2001)
(Amended on February 15, 2003)
(Amended on July 10, 2003)
(Amended on June 1, 2004)
(Amended on September 1, 2004)
(Amended on May 12, 2008)
Copyright (C) 2001 MarkLines Co., Ltd. All rights reserved.