This Terms of Use (this "Terms of Use") shall provide the terms and conditions for the use of the ECUPRO1 Software, which is a desktop / PC application provided by ECUPRO1. This Terms of Use shall be applied to any and all users who install and use this software. So please read this Terms of Use carefully before using this software.

1. Agreement to this Terms of Use

1. You shall use this software in compliance with this Terms of Use and shall not use this software unless you agree to this Terms of Use;
2. When you install this software into your computer or any other information terminal ("Information terminal") and complete the procedure to agree to this Terms of Use, the agreement for use of this software between you and ECUPRO1, subject to terms and conditions of this Terms of Use, shall be executed (the "Agreement of Use").
3. Modification or addition of or to this Terms of Use;

2. Modification or addition of or to this Terms of Use

1. ECUPRO1 shall have the right to modify any provision in this Terms of Use and add any provision to this Terms of Use. The revised Terms of Use under this Section 2-1 shall be posted in this software, unless otherwise ECUPRO1 decides;
2. If you do not agree to the revised Terms of Use under the above Section 2-1, you shall immediately delete this software from your Information terminal
3. If you continue to use this software after this Terms of Use is revised under the above Section 2-1, you shall be deemed to agree to the revised Terms of Use.

3. Use of this Software

1. You shall use this software in the manners designated by ECUPRO1;
2. You shall prepare and maintain Information terminals, software, communication lines, other communication environment, etc. necessary to use this software at your own expense and responsibility;
3. You may obtain the information with regard to the data necessary for after-sales service for outboard motor including, without limitation, its identification number and its specification by means of this software;
4. If you send the information obtained under the above Section 3-3 to ECUPRO1, ECUPRO1’s distributor or any other third party having a certain special tool designated by ECUPRO1 by means of e-mail, they may check detailed information with regard to the data necessary for after-sales service for outboard motor.

4. Prohibited acts

You shall not do the following acts with regard to use of this software:

1. act to breach any applicable law, regulation or rule, any judgement, decision or order of courts or any legally binding administrative action, or any other similar acts;
2. act to infringe any intellectual property rights, portrait rights, privacy, honor, reputation, privilege or any other rights or interests of ECUPRO1, any user of this software or any other third party, or act which could cause such infringement;
3. act offensive to public order and morals;
4. illegal act, act to instigate or facilitate illegal act, or act which could cause illegal act or instigation or facilitation of illegal act;
5. act to impersonate ECUPRO1, any user of this software or any other third party;
6. act to intentionally provide any false information or any other similar acts;
7. act to induce any malfunction or failure of this software or act which could cause such malfunction or failure;
8. act of any unauthorized access;
9. act to place excessive load on this software or any ECUPRO1’s server, etc.;
10. act to use this software under any situation or condition deemed to be inappropriate (for example, while steering a boat on which outboard motor(s) are mounted);
11. act to sell, distribute, develop, etc. this software;
12. act to copy, reproduce, modify, change, alter, adapt, etc. this software;
13. act to reverse engineer, decompile or disassemble this software wholly or partially or otherwise analyze the source code of this software;
14. act contrary to the intent and/or purpose of this Terms of Use and/or this software; and
15. any other act which ECUPRO1 deems as inappropriate.

5. Audit by ECUPRO1

If ECUPRO1 has doubt, based on a reasonable ground, that you are in breach of this Terms of Use, ECUPRO1 may require you to submit a report related to such breach.

6. Suspension or restriction of use of this software, termination of the Agreement of Use, etc.

1. If you fall under any of the following cases, ECUPRO1 may, without any notice and at its own discretion, suspend or restrict all or part of your use of this software, terminate the Agreement of Use, and/or take any other measures:
   • in case you breach or are likely to breach any provision of this Terms of Use;
   • in case ECUPRO1 deems necessary for operation or maintenance of this software; or
   • in case ECUPRO1 deems that there are any other events related to the above cases.
2. Even if ECUPRO1 suspends or restricts your use of this software, terminates the Agreement of Use or takes any other measures based on the above Section 6-1, you shall not be relieved of any of your liability under the Agreement of Use, including, without limitation, liability for compensation for damage.
3. ECUPRO1 shall not be liable for any damage incurred by you due to suspension or restriction of your use of this software, termination of the Agreement of Use, or any other measures based on the above Section 6-1.

7. Modification of this software, termination of provision of this software, etc.

1. ECUPRO1 may, without any prior notice to you, modify all or part of the contents of this software or add any of contents to this software;
2. ECUPRO1 may, without any prior notice to you and at its own discretion, terminate the provision of this software.

8. Ownership of rights

Any and all rights to this software, including, without limitation, intellectual property rights, shall be owned by ECUPRO1 or ECUPRO1’s licensor(s).

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