These Terms and Conditions (hereinafter called “Terms and Conditions”) provide for terms and conditions of use of the application, “KUSANAGI Business Edition” that Prime Strategy New York, Inc. (hereinafter collectively called “Prime Strategy”) provides through its cloud service providers. The users of the service (hereinafter called “User”), shall agree to these Terms and Conditions and use the service in accordance with these Terms and Conditions. For purposes of these Terms and Conditions, Prime Strategy and User maybe be known and referred to individually as “Party,” or collectively as “Parties.”
Prime Strategy may subcontract all or part of its services to any third party. In the case where Prime Strategy subcontracts all or part of its services to any third party, Prime Strategy shall be responsible for the selection and supervision of said third party.
Neither Party shall be liable for failure to perform any obligation under these Terms and Conditions in the event that performance is rendered impossible due to Force Majeure, including but not limited to, acts of God, war, threat of war, warlike conditions, hostilities, mobilization for war, blockade, embargo, detention, revolution, riot, port congestion, looting, strike, lockout, plague or other epidemic, destruction or damage of goods or premises, fire, typhoon, earthquake, flood or accident, or due to acts of governmental or quasi-governmental authorities or any political subdivision or department or agency thereof, or due to any labor, material, transportation or utility shortage or curtailment, or due to any labor trouble at the place of business of either Party or their suppliers, or due to any other cause beyond the control of either Party.
The User may not assign or offer for security or any other purpose its status or all or part of its rights and obligations under the Service Use Contract to any third party without prior written consent of Prime Strategy.
Article 3 (Cost for Use of Service), Article 5 (Confidentiality), Article 6 (Management of Confidential Information), Article 8 (Exclusion of Anti-Social Forces, etc.), Article 16 (Survival), and any other provisions that should survive as a matter of course in view of the nature of these Terms and Conditions will survive the expiration or termination of these Terms and Conditions.