# Smart Ship Viewer Term of Use

### I. General Provisions

1. These Terms of Use (the “Terms”) set forth the terms of use between each person who uses the various websites, services, content, etc. (meaning the “Services, etc.” as defined in Article 1, paragraph 1; the same applies hereinafter) provided through Smart Ship Viewer, a set of cloud-based information services operated by Japan Radio Co., Ltd. (“JRC”) (a “Customer”), on the one hand, and JRC and any of its subsidiaries or agencies or other third parties to which JRC outsources services (collectively, the “JRC Agencies, etc.”), on the other hand, under which all Customers are allowed to use the relevant Services, etc. Only after reading and accepting the provisions of these Terms shall the Customer be entitled to use the relevant Services, etc. and Data (meaning “Data” as defined in Article 1, paragraph 2; the same applies hereinafter) provided through information obtained from the relevant Services, etc.
2. In the event of any inconsistency or conflict between any guidelines or other detailed rules, etc. individually established for any of the Services, etc. in association with these Terms, etc. (“Individual Detailed Rules, etc.”) and these Terms, the Individual Detailed Rules, etc. shall prevail over these Terms.

#### Article 1: Definitions

1. “Services, etc.” collectively refers to the various websites, services, content, etc. provided by JRC mainly for the operation management of ships, and includes the software associated with use of these services, content, etc. (the “Software”) and (if any of the Services, etc. are updated) the relevant updated services, content, etc.
   The Services, etc. means the websites, services, content, etc. listed in Exhibit 1 (https://ssv-data.jmarinecloud.com/policy/exhibit1.html).
2. “Data” means all data provided by the Services, etc.

#### Article 2: Intellectual Property Rights

All intellectual property rights in the Services, etc. are the property of JRC or the third parties which licensed rights to JRC. The granting to the Customer hereunder of a license to use Software and Data in connection with the relevant Services, etc. does not mean any transfer of rights or whatsoever to the Customer.

#### Article 3: Grant of License

JRC grant to the Customer a non-exclusive, non-transferable right to use Software and Data provided by JRC, solely on the Customer's intended product in accordance with these Terms and for the purpose of using various features related to the relevant Services, etc.

#### Article 4: Conditions of Use

1. The Customer acknowledges that the Customer will comply with all applicable laws and regulations in, and is solely responsible for, creating, maintaining and managing an environment required to use the relevant Services, etc., as well as downloading, installing, uninstalling and using Software.
2. Use of the relevant Services, etc. separately requires an Internet environment and a packet communication connection.
3. In some cases, the Services, etc. may not be able to be used with the latest data due to a temporary inability to download Data caused by the location being outside the network connection area or by a deterioration of the communication environment.
4. The Customer acknowledges that if Software or Data is deleted or uninstalled, all Data downloaded by the Customer to the customer's intended product (excluding the PCs and smart devices owned by the Customer) will be deleted entirely.

#### Article 5: Prohibited Activities

1. Unless expressly permitted in the Service, etc., JRC prohibit the Customer from reprinting, copying, reproducing, transferring, extracting, processing, modifying, making transmittable, or making any other secondary use of, any Software or Data, or lending, selling, redistributing, transmitting to the public or sublicensing, or otherwise allowing or causing third parties to use, any Software or Data. The Customer shall not analyze or modify any Software or Data by disassembling, decompiling, reverse engineering or otherwise.
2. The Customer may not engage in any act which: (i) infringes or may infringe any rights of JRC or any other third party in any Software or Data; (ii) causes or may cause disadvantage or damage to JRC or any other third party; or (iii) interferes or may interfere with the operation of the Services, etc.

#### Article 6: Disclaimer

1. JRC and the JRC Agencies, etc. shall be released from any liability for any damage incurred by the Customer or any third party due to any cause not attributable to JRC or the JRC Agencies, etc. or as a result of any of the following events:
   1. The Customer's breach of these Terms.
   2. Any inconsistency between Data and the actual condition.
   3. Use of any of the Services, etc. on anything other than the devices on which such Services, etc. are allowed to be used (i.e., other than the intended products).
   4. Any adaptation or modification of the map renewal application or any Software.
   5. Any combination with other data or program or product.
   6. Any viral infection.
   7. Any act of God or other force majeure.
   8. Any other event in which, in JRC's opinion, the Customer has engaged in an inappropriate action or omission.
   9. Any other cause not attributable to JRC or the JRC Agencies, etc.
2. JRC and the JRC Agencies, etc. make no warranty to the Customer against defects, etc. in the operation of the intended products or the map renewal application or Software in the event set forth in item (3) of the preceding paragraph.
3. The location information and map information (including around information) provided by the Services, etc. may differ from the actual condition. The Services, etc. are provided on an “as is” basis. JRC and the JRC Agencies, etc. make no warranty, express or implied, for the Services, etc. including the accuracy, completeness or fitness for a particular purpose of any Data or the normal operation or functionality of any Software on the intended products.
4. JRC and the JRC Agencies, etc. make no warranty, express or implied, for Software's non-infringement of third-party intellectual property rights.
5. If the Customer cannot use the relevant Services, etc. due to a deterioration of the communication environment in which communication for the relevant Services, etc. (including communication through which the Customer accesses the Services, etc. communication through which data is transmitted from the Customer's ship, etc.to the Services, etc. and communication between an external data provider contracted by JRC and the Services, etc.) takes place or due to any other trouble, JRC and the JRC Agencies, etc. shall assume no liability for any damage incurred by the Customer.
6. Other than as set forth in the preceding 5. paragraphs, JRC and the JRC Agencies, etc. shall assume no liability for the Customer's inability to use any of the relevant Services, etc. or for any damage (including, without limitation, damage caused by an accident or lost operating profit) incurred by the Customer in connection with his/her/its use of the relevant Services, etc., except in the event of intent or gross negligence on the part of JRC or any of the JRC Agencies, etc. If the Customer incurs any damage due to intent or gross negligence on the part of JRC or any of the JRC Agencies, etc., JRC and the JRC Agencies, etc. shall assume liability to compensate for such damage within the extent of damage that can normally occur and up to the amount of usage fees for the Paid Services (meaning the Paid Services as set forth in Article 20 of “II. Service Contract and Use”) (or the amount equivalent to one [1] month's usage fee in the case of a continuous service) paid by the Customer.

#### Article 7: Change, Suspension and Discontinuation of the Services, etc.

1. JRC may, without prior notice and at its own discretion, improve the features for, add, discontinue, change, delete or make inaccessible, the content and the distribution method of the Services, etc., and JRC and the JRC Agencies, etc. shall assume no liability to compensate for any damage incurred by the Customer as a result of such improvement of the features, addition, discontinuation, changes, deletion or inaccessibility.
2. JRC may, without prior notice to the Customer, suspend all or part of the distribution of the Services, etc. in the event of necessity for, among other things, regular or emergency maintenance of, or works on, or measures against failures of, the equipment, etc. required for the distribution of the Services, etc., or in cases where the distribution of the Services, etc. becomes impossible due to an accident, act of God, force majeure, discontinuation of the provision of telecommunications services by a telecommunications carrier, or any other cause not attributable to JRC, or where JRC considers that such suspension is inevitable for operational or technical reasons. In such case, JRC and the JRC Agencies, etc. shall assume no liability to compensate the Customer for any damage incurred by the Customer.

#### Article 8: Handling of Personal Information

JRC and the JRC Agencies, etc. will comply with the Act on the Protection of Personal Information and all other applicable laws and regulations, and will handle, pursuant to the Smart Ship Viewer Privacy Policy (https://ssv-data.jmarinecloud.com/policy/privacy.html) separately published by JRC, all personal information of the Customer obtained by JRC in the course of the Customer's use of the relevant Services, etc.

#### Article 9: Cautions

1. The Customer is advised not to operate or watch his/her/its intended product and the relevant Services, etc. while operating a ship, etc. or a vehicle, etc. (including a car, motorcycle, bicycle, etc.; the same applies hereinafter), as doing so would entail great risk. The Customer is advised to always ensure safe conditions before operating or watching the intended product and the relevant Services, etc. JRC and the JRC Agencies, etc. shall assume no liability for any accident, etc. caused by the Customer while operating or watching the intended product and the relevant Services, etc.
2. Information provided by the Services, etc. may differ from the actual condition. The Customer shall use the relevant Service, etc. at his/her/its own risk, in accordance with the actual condition and all applicable marine traffic rules and all applicable traffic rules for vehicles, etc.
3. Location information, which represents positioning results, provided by the Services, etc. may not display position or may have a margin of error from the actual location, depending on the environment in which the Services, etc. are used or on the condition of the radio wave from the GPS satellite. JRC and the JRC Agencies, etc. shall assume no liability for any errors in relevant information caused by the degree of accuracy of such location information.
4. JRC will not recover data provided by the Services, etc. or transmitted by the Client to the Services, etc. in the event of loss of data. JRC and the JRC Agencies, etc. shall assume no liability for any loss of data related to any of the Services, etc.
5. If JRC needs to check the Customer's compliance with applicable laws and regulations or these Terms of Use or any other status of the Customer, JRC may check the content of the articles posted by the Customer on the Services, etc. to the extent not violating any applicable laws or regulations. However, JRC shall not be obligated to do such check.

#### Article 10: Amendment

1. JRC may amend these Terms without the prior consent of the Customer.
2. When JRC will amend these Terms under the preceding paragraph, JRC will notify the Customer of, or post on the Services, etc. a notice of, the scheduled amendment of these Terms, the provisions of these Terms as amended, and the effective date of the amendment.

#### Article 11: Termination

If the Customer breaches or is likely to breach these Terms, JRC may, without any notice or demand, suspend or terminate the provision of the relevant Services, etc. to the Customer. If JRC or any of the JRC Agencies, etc. incurs any damage as a result of such suspension or termination, JRC or the relevant JRC Agency, etc. may claim compensation for such damage from the Customer.

#### Article 12: Governing Law and Jurisdiction

These Terms shall be governed by the laws of Japan. In the event of any question or dispute arising in relation to these Terms between the Customer and JRC or any of the JRC Agencies, etc., such question or dispute shall be resolved through good-faith consultation, failing which the parties agree that the Tokyo District Court shall have exclusive jurisdiction as the court of first instance over such question or dispute.

#### Article 13: General

1. Any notice or notification from JRC to the Customer will be given by posting on the Services, etc., by transmission via email or otherwise, or by any other means deemed appropriate by JRC.
2. Any notice or notification as referred to in the preceding paragraph, which is given by posting on the Services, etc. or by email transmission shall become effective upon JRC's posting or transmission of such notice or notification.

### II. Service Contract and Use

Part II, “Service Contract and Use” (hereinafter referred to as “this Part” in Part II), specifically sets forth: (i) the service contract required for the Customer to use the Services, etc. provided by JRC; (ii) the points to note, etc. in the Customer's use of such Services, etc.

#### Article 14: Application

The Customer shall apply for a service contract for any of the Services, etc. by accepting the provisions of these Terms and pursuant to the procedures and methods prescribed by JRC or the relevant JRC Agency, etc.

#### Article 15: Approval and Revocation of Approval

1. Upon receipt from the Customer of an application for a service contract for any of the Services, etc., JRC or the relevant JRC Agency, etc. will lend to the Customer, or specify, information required by the Customer to manage its own organization on the relevant Services, etc. (the “Customer's Organizational Information”). Such lending or specification, as the case may be, shall be deemed to constitute the approval by JRC or the relevant JRC Agency, etc. of such application and, concurrently with such approval, a service contract for the relevant Services, etc. between the Customer and JRC or the relevant JRC Agency, etc. shall be deemed to be concluded.
2. Use of the Services, etc. shall be made through the Customer's own user account. The information necessary to authenticate the user account and the user (the “Authentication Information”) will be set on the dedicated registration page. A link to the registration page will be sent via email distributed by JRC.
3. If any of the following events occurs in respect of the Customer who has applied for a service contract for any of the Services, etc. or who uses any of the Services, etc., JRC or the relevant JRC Agency, etc. may choose not to approve the application notwithstanding the provisions of the preceding paragraph or may revoke the lending or specification of the existing Customer's Organizational Information or revoke the approval of the application.
   1. The Customer's registered information or personal information provided to JRC or the relevant JRC Agency, etc. contains false information.
   2. The Customer engages in any of the prohibited activities set forth in Article 5.
   3. JRC or the relevant JRC Agency, etc. considers that the Customer's use of the relevant Services, etc. is not appropriate for operational or technical reasons.

#### Article 16: Points to Note

1. The Customer shall use and manage the Authentication Information (including strengthening the password) at his/her/its own responsibility.
2. In principle, JRC or the relevant JRC Agency, etc. shall not for any reason reissue the Authentication Information lent to or registered by the Customer. However, the foregoing shall not apply if the Customer submits an application for reissue pursuant to the procedure and method separately prescribed by JRC or the relevant JRC Agency, etc.
3. JRC or the relevant JRC Agency, etc. prohibits the Customer from lending to a third party the Authentication Information lent to the Customer or specified under this Part and allowing or causing such third party to use such Authentication Information, or borrowing and using any Authentication Information lent to a third party or otherwise using such Authentication Information in an unauthorized manner (collectively, “Unauthorized Use, etc.” in this Part).
4. If the Customer discovers any Unauthorized Use, etc., the Customer shall promptly inform JRC or the relevant JRC Agency, etc. thereof and shall follow any instructions, etc. that may be given by JRC or such JRCA Agency, etc.
5. The Customer shall bear any damage, loss, etc. incurred by the Customer as a result of any error in the use or management of self Authentication Information, or any error in the registration of his/her/its Authentication Information on the registration page as referred to in Article 15, paragraph 2, or any Unauthorized Use, etc. of self Authentication Information. JRC and the JRC Agencies, etc. assumes no liability for any such error or Unauthorized Use, etc.

#### Article 17: Suspension and Termination of Use

1. Suspension of use
   JRC and the JRC Agencies, etc. may suspend the Customer's use of the relevant Services, etc. in the event of the Customer's breach of “Article 16: Points to Note” of this Part.
2. Termination of use
   The Customer's use of the relevant Services, etc. shall terminate in any of the following events:
   1. The Customer may, at his/her/its own discretion, terminate his/her/its use of the relevant Services, etc. pursuant to the procedures and methods prescribed by JRC or the relevant JRC Agencies, etc.
   2. If the Customer has engaged in any of the activities listed in “Article 5: Prohibited Activities” and if the Customer fails to correct the relevant activity despite receipt of a demand for its correction within a reasonable period, then JRC or the relevant JRC Agency, etc. may terminate the Customer's use of the relevant Services, etc.
   3. If the Customer has engaged in any of the activities listed in “Article 5: Prohibited Activities” and if JRC considers that it is appropriate to immediately terminate the Customer's use of the relevant Services, etc. on the grounds, among others, of the Customer's history of acts constituting the same prohibited activity or the severity of the Customer's breach committed by engaging in such prohibited activity, JRC or the relevant JRC Agency, etc. may terminate the Customer's use of the relevant Services, etc. with immediate effect notwithstanding the provisions of the preceding item.

#### Article 18: Outsourcing

1. JRC may outsource to any of the JRC Agencies, etc. all or part of the execution of service contracts for the Services, etc. and the services related thereto (including, without limitation, responding to inquiries from the Customer and providing information and suggestions on the Services, etc. to the Customer) as well as the usage fee collection services.
2. If, in the course of outsourcing services under the preceding paragraph, JRC provides the relevant JRC Agency, etc. with the Customer's personal information, JRC shall do so by limiting the use of such information to the scope of such outsourcing, and the handling of such personal information shall be subject to the Smart Ship Viewer Privacy Policy (https://ssv-data.jmarinecloud.com/policy/privacy.html) separately published by JRC.

#### Article 19: Handling of Customer Data

1. JRC and the JRC Agencies, etc. shall comply with the Act on the Protection of Personal Information and all other applicable laws and regulations, and will handle, pursuant to the Smart Ship Viewer Privacy Policy (the “Privacy Policy”) (https://ssv-data.jmarinecloud.com/policy/privacy.html) separately published by JRC, all personal information of the Customer obtained by JRC in the course of the Customer's use of the relevant Services, etc.
2. The Services, etc. will collect the following information in addition to the information specified in the Privacy Policy:
   1. Information collected from JRC products installed on the ship (“JRC products”):
      - The ship's identification information (the ship's name and IMO number)
      - Latitude and longitude (ship position)
      - Ship speed
      - Course Over Ground and Heading
      - Radar images
      - AIS information
      - Other information collected by the VDR (main engine RPM, rudder angle, etc.)
      - Route information
      - Navigation data on NeCST
      - Playback data (NeCST and VDR)
      - Ocean wave information
      - Maintenance information, including alarm pack
   2. Information collected from the smart phone app:
      - Notification distances registered during fuel changeover tasks
      - Statuses of registration, commencement, cancellation, non-completion, and completion of fuel changeover tasks
      - Status of notification of fuel changeover tasks
      - GPS information on the device (this information will be used on the device only and will not be sent to the server)
3. JRC may not only utilize the information specified in the preceding paragraph, excluding GPS information on the device, to provide the Customer with the Services, etc. (including its utilization by any contractor to which the operation of the Services, etc. is contracted out) but also: (i) use such information to diagnose JRC products within JRC and the JRC Agencies, etc.; and (ii) provide such information to third parties after summarizing and analyzing it and making it into data that does not allow the identification of the ship.
4. Notwithstanding the provisions of the preceding three paragraphs, if JRC is required to disclose Customer Data by any applicable law or regulation, any order of any public agency, or any other requirement equivalent to any of the above, JRC may disclose such Customer Data to the extent required. However, if JRC is so required to disclose Customer Data, JRC shall, without delay, notify the Customer thereof in advance to the extent not violating any legal obligation.
5. The application for use may be provided to JRC and the JRC Agencies, etc. in order to provide the Services, etc.

#### Article 20: Paid Services

1. Those Services, etc. provided by JRC to the Customer on a paid basis (the “Paid Services”) shall be listed, together with fees for them, in the price list provided by JRC or the JRC Agencies, etc.
2. If the Customer wishes to use a Paid Service, the Customer shall submit an application for such service after checking and accepting the details of and the fee for the service (including the matters specified in Articles 21 through 23) pursuant to the preceding paragraph.

#### Article 21: Procedures for Use and Termination of Paid Services

1. Prior to using a Paid Service, the Customer shall choose one of the plans from the list of services. If the Customer completes the procedure for changing the plan, a changeover to the successor plan shall take place after the operation to reflect the change.
2. If the Customer wishes to terminate a Paid Service, the Customer shall do so by completing the termination procedure separately prescribed by JRC.

#### Article 22: Fee Payment Methods, etc.

1. The methods of payment of the usage fees for Paid Services shall be described on the price list or the application form for a service contract for Services, etc. provided by JRC or the relevant JRC Agencies, etc.
2. JRC and the JRC Agencies, etc. shall be under no obligation to make any refund (including partial refund on a pro-rata basis) of usage fees paid by the Customer for any reason.
3. The Customer acknowledges in advance that use of certain features of the Services, etc. attracts communication charges in addition to the applicable usage fees.
4. If the Customer fails to pay usage fees, JRC or the relevant JRC Agency, etc. may suspend or terminate the Customer's use of the relevant Services, etc. without any notice or demand.

#### Article 23: Change of Usage Fees

JRC or the relevant JRC Agencies, etc. may, if they deem necessary, change the usage fees for Paid Services. Any changes in usage fees shall be described on the price list or the application form for a service contract for Services, etc. provided by JRC or the relevant JRC Agencies, etc.

#### Exhibit 1

The various websites, services, content, etc. provided through Smart Ship Viewer, a set of cloud-based information services operated by Japan Radio Co., Ltd., are as follows:

- Smart Ship Viewer
- J-Marine NeCST
- NeCST Manager
- SSV Mobile
- Sail Assist

Supplementary Provisions:
Effective date: Jan 30, 2024