|Software End User License Agreement
|PLEASE READ CAREFULLY THE LICENSE AGREEMENT BELOW BEFORE OPENING THE PACKAGE OF
|THIS SOFTWARE ("SOFTWARE"), DOWNLOADING, INSTALLING OR USING THE SOFTWARE.
|OPENING THE PACKAGE, OR DOWNLOADING, INSTALLING OR USING THE SOFTWARE SHALL BE
|DEEMED YOUR LAWFUL ACCEPTANCE OF THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT
|AGREE TO THEM, DO NOT DOWNLOAD, INSTALL, USE THE SOFTWARE, NOR OPEN THE PACKAGE.
|1. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS This is a license agreement and
|not an agreement for sale. KONICA MINOLTA, INC. ("KONICA MINOLTA") owns, or has
|been licensed from other owners ("KONICA MINOLTA Licensor"), copyrights and
|other intellectual property rights of the Software, and any and all rights and
|title to the Software and any copy made from it are retained by KONICA MINOLTA
|or KONICA MINOLTA Licensor. In no event, this Agreement shall be deemed to
|assign any copyright and/or any intellectual property rights of the Software
|from KONICA MINOLTA or KONICA MINOLTA Licensor to you. The Software is protected
|by copyright laws and international treaty provisions.
|2. LICENSE KONICA MINOLTA hereby grants to you a non-exclusive and limited
|license, and you may: (i) install and use the Software only on your computer(s)
|connected with a product for which this Software is designed; (ii) allow users
|of the computers described above to use the Software, provided that you assure
|that all such users comply with the terms of this Agreement; (iii) use the
|Software only for your own customary business or personal purpose; (iv) make one
|copy of the Software only for backup purpose in the support of the normal and
|intended use of the Software; (v) transfer the Software to other party by
|transferring a copy of this Agreement and all documentation along with the
|Software, provided that (a) you must, at the same time, either transfer to such
|other party or destroy all your other copies of the Software, (b) such transfer
|of possession terminates your license from KONICA MINOLTA, and (c) you must
|assure that such other party has agreed to accept the terms and conditions of
|this Agreement. If such other party does not accept such terms and conditions
|then you shall not transfer any copy of the Software.
|3. RESTRICTIONS (1) You shall not without the written consent of KONICA MINOLTA:
|(i) use, copy, modify, merge or transfer copies of the Software except as
|provided herein; (ii) reverse engineer, reverse assemble, reverse compile or
|any other way analyze the Software; (iii) sublicense, rent, lease or distribute
|the Software or any copy thereof; or (iv) remove, use, or alter any trademark,
|logo, copyright or other proprietary notices, legends, symbols or labels in the
|Software. (2) You agree that you will not export the Software in any form in
|violation of any applicable laws and regulations regarding export control of any
|4. DISCLAIMER OF WARRANTIES (1) If the Software is furnished on CD-ROM(s) or
|other tangible object that is used for storage of digital data (hereinafter
|collectively "Storage Medium"), KONICA MINOLTA warrants the Storage Medium to be
|free from the defects in material and workmanship under normal use, for a period
|of ninety (90) days from the date of delivery to you. WITH THE EXCEPTION OF THE
|FOREGOING EXPRESS WARRANTIES APPLICABLE TO STORAGE MEDIUM ONLY, THE SOFTWARE IS
|PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES WHATSOEVER. KONICA MINOLTA, ITS
|AFFILIATE COMPANIES AND KONICA MINOLTA LICENSOR DISCLAIM ALL WARRANTIES WITH
|REGARD TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
|IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
|NON-INFRINGEMENT OF THIRD PARTY RIGHTS. (2) IN NO EVENT WILL KONICA MINOLTA,
|ITS AFFILIATE COMPANIES NOR KONICA MINOLTA LICENSOR BE LIABLE FOR ANY LOST
|PROFITS, LOST DATA, OR ANY OTHER INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR
|CONSEQUENTIAL DAMAGES THAT RESULT FROM USE OR INABILITY TO USE THE SOFTWARE
|INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, COMPUTER FAILURE OR
|MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL OR OTHER DAMAGES OR LOSSES, EVEN IF
|KONICA MINOLTA, ITS AFFILIATE COMPANIES OR KONICA MINOLTA LICENSOR HAS BEEN
|ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY YOU BASED ON A
|THIRD PARTY CLAIM. (3) The disclaimer of warranty hereunder does not affect
|your statutory rights. In case of the disclaimer is not allowed by applicable
|law, the disclaimer shall only apply to you to the maximum extent permitted by
|5. TERMINATION You may terminate this license at any time by destroying the
|Software and all your copies of it. This Agreement shall also terminate if you
|fail to comply with any terms hereof. Upon such termination, you must
|immediately destroy all copies of the Software in your possession.
|6. GOVERNING LAW This Agreement shall be governed by the laws of Japan.
|7. SEVERABILITY In the event that any part or parts of this agreement shall be
|held illegal or null and void by any court or administrative body of competent
|jurisdiction, such determination shall not effect the remaining parts of this
|agreement and they shall remain in full force and effect as if such part or
|parts determined illegal or void had not been included.
|8. NOTICE TO US GOVERNMENT END USERS The Software is a "commercial item," as
|that term is defined at 48 C.F.R. 2.101 (October 1995), consisting of
|"commercial computer software" and "commercial computer software documentation,"
|as such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48
|C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
|Government End Users shall acquire the Software with only those rights set forth
|YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO
|BE BOUND BY ITS TERMS AND CONDITIONS. NEITHER PARTY SHALL BE BOUND BY ANY OTHER
|STATEMENTS OR REPRESENTATIONS THAT ARE INCONSISTENT WITH THE TERMS AND
|CONDITIONS OF THIS AGREEMENT. NO AMENDMENT TO THIS AGREEMENT IS EFFECTIVE
|UNLESS WRITTEN AND SIGNED BY PROPERLY AUTHORIZED REPRESENTATIVES OF EACH PARTY.
|BY OPENING THE PACKAGE, DOWNLOADING, INSTALLING OR USING THE SOFTWARE YOU AGREE
|TO ACCEPT THE TERMS OF THIS AGREEMENT.