Software License Agreement <<KONICA MINOLTA PHOTO IMAGING,INC. Software License Agreement>>
PLEASE READ CAREFULLY THE LICENSE AGREEMENT BELOW BEFORE DOWNLOADING THIS SOFTWARE. DOWNLOADING THIS SOFTWARE INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITION BELOW. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD NOT DOWNLOAD THE SOFTWARE.
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1. SOFTWARE
"Software" means the COMPUTER PROGRAM or DATA FILE as specified above, and which is downloaded from this website, together with all codes, techniques, software tools, format, design, concepts, methods and ideas associated with the COMPUTER PROGRAM, and all documentation related thereto.
2. LICENSE AGREEMENT
This is a license agreement and not an agreement for sale. KONICA MINOLTA PHOTO IMAGING, Inc. (“KONICA MINOLTA”) owns, or has been licensed from other owners, all the rights and titles to the Software. Except as expressly stated in this Agreement, you are not granted any rights under patents, copyrights, trade names, trademarks (whether registered or unregistered), or any other rights, franchises or licenses in respect of the Software.
3. LICENSE
KONICA MINOLTA, hereby grant to you a non-exclusive, non-transferable and limited license to:
(1) install and use the Software on a single computer.
(2) use the Software only for your own customary business or personal purpose to use in conjunction with the PRODUCT as specified above.
(3) make a copy of the Software for backup or installation purpose only in support of the normal and intended use of the Software.
4. RESTRICTIONS
(1) You shall not, without the written consent of KONICA MINOLTA:
(i) use, copy, modify the Software or transfer copies of the Software except as provided herein.
(ii) reverse assemble or reverse compile the Software except as permitted by law; or
(iii) sublicense, rent, lease or distribute the Software or any copy thereof.
(2) You shall not export or re-export the Software in any form in violation of export restrictions by the government of your country.
5. NO WARRANTY
The Software is provided "AS IS." KONICA MINOLTA SHALL PROVIDE NO WARRANTY TO THE SOFTWARE, , EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. LIMITATION OF REMEDIES
IN NO EVENT WILL KONICA MINOLTA BE LIABLE FOR ANY LOST PROFITS, LOST DATA, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM USE OR INABILITY TO USE THE SOFTWARE, EVEN IF KONICA MINOLTA OR ITS AUTHORIZED REMARKETERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY YOU BASED ON A THIRD PARTY CLAIM.
7. TERMINATION
You may terminate this agreement at any time by erasing or destroying the Software and all copies of it in your possession. KONICA MINOLTA may terminate this agreement if you fail to comply with terms and conditions herein. Upon such termination by KONICA MINOLTA, you agree to erase or destroy the Software and all copies of it in your possession.
8. GOVERNING LAW
This Agreement shall be governed by the laws of Japan.
9. SEVERABILITY
If any provision of this agreement is held invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the invalid, illegal or unenforceable provision.
10. GOVERNMENT END USERS
If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. Use, duplication or disclosure by the Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software clause at FAR 252.227-7013, subdivision (b)(3)(ii) or subparagraph (c)(1)(ii), as appropriate. Further use, duplication or disclosure is subject to restrictions applicable to restricted rights software as set forth in FAR 52.227-19(c)(2).
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. NEITHER PARTY SHALL BE BOUND BY ANY STATEMENT OR REPRESENTATION NOT CONTAINED IN THIS AGREEMENT. NO CHANGE IN THIS AGREEMENT IS EFFECTIVE UNLESS WRITTEN AND SIGNED BY PROPERLY AUTHORIZED REPRESENTATIVES OF EACH PARTY.