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This Agreement shall supersede any and all agreements prior to the execution of this Agreement. (9) Titles and numbers of Articles, Paragraphs and Items of this Agreement shall be for convenience purposes only, and they shall not have any legal effects.
(2) All disputes arising from or in connection with this Agreement shall be submitted to the exclusive agreed jurisdiction of the Tokyo District Court, for the first instance. Standard technical support is provided for Movable Type users (MT Users) who purchased our “Technical Support Services” additionally.
The use of the Software shall be limited to the number of Users and the number of Servers set forth in this Agreement. For the avoidance of doubt, any rights to the Software not specifically licensed hereunder shall be reserved by Six Apart. Technical Support, Update and Upgrade (1) Technical supports for the Software shall be provided by Six Apart or a partner company of Six Apart for value.
The Client shall enter into a separate agreement with Six Apart or such partner company of Six Apart on an individual basis concerning the contents of technical supports.
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.
For example, a change from X.1 to X.2 represents an Update. Designation of either the "Update" or the "Upgrade" shall be made by Six Apart. Use of Software Pursuant to the provisions of this Agreement, the Client shall be granted a license to use, on a non-exclusive, non-transferable and non-sublicensable basis, the Software for the purpose of the Client's own use (if the Client is a corporation, entity or organization, use of the Software by an individual belonging to the Client or any similar individuals designated by the Client from among individuals within the scope permitted by Six Apart in accordance with the License Policy, as the use of the Software by the Client pursuant to this Agreement), and, if the Client operates a community, for the purpose of use within the community by participants therein.