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    The Client shall be deemed to have understood and accepted the Privacy Policy by using the Software. Guarantee by Six Apart Six Apart hereby guarantees that no order is included in the Software which has been designed intentionally to alter, lose, destroy, record or transmit any information in computer, computer system or computer network, without intent or permission of the manager of the relevant information.This guarantee shall not apply to open source codes included in the Software, if any.Release of an Upgrade may be confirmed by a change of the figure before the decimal point of the version number. Six Apart shall be entitled to determine whether the use by the Client is pursuant to this Agreement or not.Six Apart shall retain all rights pertaining to the Software (including all intellectual property rights), as well as all rights pertaining to the Software which are not specifically licensed under this Agreement. Production of Duplicates The Client may duplicate the Software in any readable forms, in the minimum number necessary only for the backup purpose; provided, however, that, such duplication of the Software shall be made in the same form as the original and with an indication of the authorized person.(2) The amount of accumulated damages payable by Six Apart to the Client shall be up to the amount of fees paid by the Client to Six Apart during the latest twelve (12) months, not only where the court of competent jurisdiction rejected the limitation on liability for any contingent or indirect damage and the limitation referred to in Paragraph 1 does not apply to the Client, but in all other cases. General Provisions (1) This Agreement shall be governed by and construed in accordance with the laws of Japan. The Client hereby agrees that it shall not indicate or use such trademarks in any manner whatsoever without prior written consent of Six Apart.This Agreement shall constitute an entire agreement between the Client and Six Apart, and the Client shall use the Software in accordance with the provisions of this Agreement. (8) To the extent not significantly prejudice the benefit of the Client, the Client shall acknowledge that Six Apart may amend or modify this Agreement without consent of the Client.This Movable Type License Agreement (hereinafter referred to as this "Agreement") is made and entered into by and between an individual, corporation, entity or organization (hereinafter referred to as the "Client") that uses Movable Type 6.x (hereinafter referred to as the "Software") and Six Apart Ltd. The Client shall not download, install or use the Software unless it agrees to this Agreement.The Client shall be deemed to have agreed to this Agreement upon its download, installation or use of the Software. Definitions In this Agreement, the following terms shall have the meanings specified below: (1) User "User" means an individual who has been assigned his/her own login name generated by the Software through the function of the Software to "add/edit blog authors." Any person using invalidated login name shall not be counted as a User.

    (2) Upon the termination of this Agreement, licenses and technical supports having been granted to the Client shall all be terminated and the Client shall immediately uninstall and suspend any use of the Software, and, if instructed by Six Apart, shall delete or destroy any duplicates of the Software. (5) Both parties acknowledge that the manufacturing and sale of the Software shall comply with the export control-related laws and regulations of Japan and the United States, and agree to comply with all such laws.

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    If, during the term of this Agreement, any object which violates the guarantee hereunder, other than the open source codes, is found to be included in the Software, Six Apart shall make any reasonable commercial efforts to alter or replace the Software, at the cost of Six Apart, so that the Software may comply with the guarantee set out herein, without prejudice to any primary function of the Software, as the only legally available relief.

    The Client may not pursue any other legal relief in connection with the violation of guarantee set out in this Article. Limitation on Guarantee relating to Function of Software (1) The Software shall be furnished on as-is basis and shall not provide any security or guarantee whether express or implied.

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