Apologies in advance for the boring post but here is a copy of the terms you have to click 'yes' on in order to buy a copy of the standard (as I mentioned, we have stopped there, as well - until our lawyer can render a solid advice):
-------------------------
FOR REFERENCE ONLY
END USER LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY BEFORE DOWNLOADING
OR COPYING TO YOUR COMPUTER ANY
FILE(S) CONTAINED HEREWITH
THE STANDARD(S) AND OTHER INFORMATION PROVIDED HEREWITH ARE
COPYRIGHTED. BY DOWNLOADING ANY FILE PROVIDED HEREWITH TO YOUR
COMPUTER, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE
AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS
LICENSE AGREEMENT, PRIOR TO DOWNLOADING OR COPYING TO YOUR COMPUTER
ANY FILE(S), YOU MUST DECLINE ACCESS TO SUCH MATERIALS.
1. GRANT OF LICENSE
Subject to the provisions contained herein and to the payment of all
applicable fees, the Japanese Standards Association (JSA)grants you a
non-exclusive, non-transferable license to the materials containing
in this JSA Web Store (the "Product").
Your licensed rights to the Products are limited to the following:
(a) This License Agreement does not convey to you an interest in or
to the Product, but only a limited right of use revocable in
accordance with the terms of this License Agreement.
(b) You may install one copy of the Product on, and permit access to
it by, a single computer owned, leased or otherwise controlled by
you.
In the event that computer becomes dysfunctional, such that you
are unable to access the Product, you may transfer the Product to
another computer, provided that the Product is removed from the
computer from which it is transferred and the use of the Product
on the replacement computer otherwise complies with the terms of
this Agreement.
Neither concurrent use on two or more computers nor use in a
local area network or other network is permitted.
If you wish to use the Product on two or more computers or use it
in a local area network, you will be required to enter into a
"Network License Agreement" with JSA. You may not install the
Product on a computer used by or intended to be used by the
public (where "public" shall mean an indefinite number of people
or many people, as the case may be).
You shall not merge, adapt, translate, modify, rent, lease, sell,
sublicense, assign or otherwise transfer any of the Product, or
remove any proprietary notice or label appearing on any of the
Product.
You may copy the Product only for backup purposes.
(c) You acknowledge and agree that the Product is proprietary to the
Copyright holder (the "Owner"), and is protected under the
Copyright Law of Japan and international copyright conventions.
You further acknowledge and agree that all right, title and
interest in and to the Product, including all intellectual
property rights, are and shall remain with the Owner.
(d) You shall provide JSA or any designee of JSA with all information
necessary to assure compliance with the terms of this Agreement.
In the event you are not in compliance with the terms of this
Agreement through the actions of unrelated third parties, you
shall use your best efforts to cooperate with JSA and any of its
designees to assure compliance.
(e) You shall provide JSA or representatives or accountants
designated by JSA with all information necessary to assure JSA of
your compliance with the provisions hereof.
You further agree that JSA or representatives or accountants
designated by JSA may enter your company, office, or other
premises to inspect your computer in which the Product is
installed to ascertain that your use of the Product is in
conformity with the provisions hereof.
2. LIMITED WARRANTY
(a) JSA warrants for your benefit alone that, unless disclosed in the
Product to the contrary, JSA and the Owner can license the
Product and all copyrighted and trademarks related thereto or
therein.
(b) THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 2 CONSTITUTE THE
ONLY WARRANTIES WITH RESPECT TO THE PRODUCT AND JSA AND THE OWNER
MAKE NO OTHER REPRESENTATION OR WARRANTY OR CONDITION OF ANY
KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION
OF LAW) WITH RESPECT TO ANY OF THE PRODUCT, INCLUDING, WITHOUT
LIMITATION, WITH RESPECT TO THE SUFFICIENCY, ACCURACY OR
UTILIZATION OF, OR ANY INFORMATION OR OPINION CONTAINED OR
REFLECTED IN, ANY OF THE PRODUCT.
JSA AND THE OWNER EXPRESSLY DISLCAIMS ALL WARRANTIES OR
CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
NO OFFICER, DIRECTOR, EMPLOYEE, MEMBER, AGENT, REPRESENTATIVE OR
PUBLISHER OF THE COPYRIGHT HOLDER IS AUTHORIZED TO MAKE ANY
MODIFICATION, EXTENSION, OR ADDITION TO THIS LIMITED WARRANTY.
3. INDEMNIFICATION
The Owner, JSA, any agent, representative, publisher or distributor
of the Product, or any of their respective directors, officers,
employees, agents, representatives or members (the "JSA and Owner
Indemnified Parties") shall have no liability for, and you shall
defend, indemnify and hold each of the JSA and Owner Indemnified
Parties harmless from and against, any claim, loss, demand,liability,
obligation and expenses (including reasonable attorneys'fees) based
upon or arising out of any injury or damage, or any product liability
claim, including but not limited to, any personal or bodily injury or
property damage, arising out of, pertaining to, or resulting in any
way from, the use or possession of any of the Product by you and/or
any of your directors, officers, employees,representatives, agents or
contractors.
4. LIMITATION OF LIABILITY
(a) You acknowledge that each of JSA and Owner's obligations and
liabilities with respect to the Product are exhaustively defined
in this Agreement. You are responsible for the consequences of
any use of any of the Product (whether or not such use was
consistent with the license granted hereunder) created therefrom.
Whether or not JSA or Owner has been advised of their
possibility, neither JSA nor Owner nor any of its representatives
or agents, directors, officers, employees, agents,
representatives or members, shall be liable, whether under
contract, tort (including negligence) or otherwise, for any
indirect, special, punitive, incidental or consequential loss,
damage, cost or expense of any kind whatsoever and howsoever
caused, that may be suffered by you or any of your directors,
officers, employees, agents, representatives or contractors or
any third party.
(b) If at any time an allegation of infringement of any rights of any
third party is made, or in JSA or Owner's opinion is likely to be
made, with respect to any of the Product, JSA may, at its option
and at its own expense (i) obtain for you the right to continue
using the Product, (ii) modify or replace the Product or any
portion thereof so as to avoid any such claim of infringements,
or (iii) refund to you the License Fee.
JSA shall have no liability to you if any claim of infringement
would have been avoided except for your refusal to use any
modified or replacement Product supplied or offered to be
supplied pursuant to this Section 4(b) or to otherwise cease
using the Product.
Notwithstanding anything contained in this Agreement, and except
as set forth in Section 4(b) hereof, JSA and/or Owner's liability
to you for damages pursuant to this Section 4(b), if any, shall
not exceeded the amounts of the License Fee paid by you for the
Product subject to any such claim.
(c) Section 4(b) state the entire liability of JSA and Owner with
respect to the infringement or alleged infringement of any third
party rights of any kind whatsoever by any of the Product.
5. TERMINATION
This Agreement may be terminated immediately by Owner or JSA upon
breach of any provision of this Agreement by you. Upon any
termination of this Agreement, you shall immediately discontinue
the use of the Product and shall within ten (10) days either return
file(s) on diskette(s), if any, to JSA or certify in writing to JSA
that the Product has been deleted from your computer and is
eliminated from your premises.
6. GOVERNING LAW; ATTORNEY'S FEES
This Agreement shall be governed by and construed in accordance with
the laws of Japan, including without limitation the Civil Code and
the Copyright Law. You agree that the Tokyo District Court or the
Tokyo Summary Court shall be the court of first instance in
connection with any disputes arising from Products or from this
Agreement.
7. MISCELLANEOUS
This Agreement constitutes the complete and exclusive agreement
between JSA and you with respect to the subject matter hereof, and
supercedes all prior oral or written understandings, communications
or agreements not specifically incorporated herein. This Agreement
may not be modified except in writing duly signed by an authorized
representative of JSA and you.
If any provision of this Agreement is held to be unenforceable for
any reason, such provision shall be reformed only to the extent
necessary to make it enforceable, and such decision shall not affect
the enforceability (i) of such provision under other circumstances,
or (ii) of the remaining provisions hereof under all circumstances.
Headings shall not be considered in interpreting the Agreement.
The English translation of this Agreement is provided for reference
only. In case of any discrepancy between the Japanese version and
the English translation, the Japanese version shall prevail.
8. EXPORT
You may not lead or export or re-export any of the Product or any
underlying information or technology except in full compliance with
all Japan and other applicable laws and regulations.
BY ACCESSING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ THE
TERMS OF THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS
