| Please read the terms and conditions of this license agreement carefully. This |
| is a legally binding license agreement between you (the "user" meaning either |
| an individual or a single entity) and Kyocera Mita. By using this software |
| ("Software") you indicate your acceptance of the following Software License |
| Agreement granting a non-exclusive license. |
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| **1. Property Rights |
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| The Software is protected by national and international copyright laws and |
| international treaty provisions. The Software is owned and copyrighted by |
| Kyocera Mita. Your license does not confer any title to, or ownership in the |
| Software. No rights of any kind in the Software are transferred. The use of |
| the Software is subject to the license terms in this agreement. |
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| **2. Use of Software** |
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| Kyocera Mita grants the user a license to use one copy of the Software on one |
| or more computers connected to an original ?Kyocera Mita? printer, copier or |
| multifunctional device. Use means any permanent or temporary use of the |
| Software and includes the storing, loading, installing, executing or |
| displaying of the Software or the processing of any data contained therein. |
| The Software may not be used on any other hardware unless such use is granted |
| by a seperate license agreement. |
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| **3. Rights to copy Software** |
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| (1) The user may only copy the Software where this is essential to usage. This |
| includes the installation and loading of the Software into the temporary |
| memory (i.e. RAM). |
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| (2) The user may make and store one back-up copy if this is necessary for |
| securing later use. The copy must be marked as such. If the Software is used |
| in the course of business and if routine back-up copies of all data including |
| the Software are made for the purposes of securing data and ensuring that the |
| computer system can be reactivated quickly after a breakdown, only so many |
| back-up copies may be made as are asbolutely essential. They may be used for |
| archival purposes only! |
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| (3) The user may not make any further copies. |
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| (4) The user may not decompile the Software except and only to the extent that |
| such activity is expressivly permitted by law. The user may not alter any |
| brand names, serial numbers or other characteristics identifying the Software |
| or any other legal information. |
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| **4. Transfer of Software** |
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| (1) The license will automatically terminate upon any transfer of the Software |
| to a third party. The transferee will be regarded as user in the meaning of |
| this contract. |
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| (2) The Software may only be transferred if the transferee accepts the terms |
| and conditions of this license agreement. The user is obliged to inform the |
| transferee of these terms and conditions. If the user does not have a copy of |
| this contract, he may obtain a new one from Kyocera Mita Mita at his own |
| expenses. |
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| (3) Upon transfer the user must immediately destroy any copies of the Software |
| or parts thereof including any changed or modified copies or parts thereof. |
| This also applies to any back-up copies. |
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| (4) The user may not rent, lease or subdivide any rights granted by this |
| license or transfer or grant sublicenses unless explicitely allowed in this |
| contract. |
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| **5. Warranty** |
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| (1) Kyocera Mita?s liability is limited to original Software. |
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| (2) Kyocera Mita, however, has taken all possible care to produce the Software |
| that, at the time of downloading, is free from defects and fit for its |
| particular purpose. In the unlikely event of any deficencies Kyocera Mita will |
| remedy the fault within a warranty period of six months. Kyocera Mita may at |
| its sole discretion either remedy the fault free of charge or provide a |
| replacement. |
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| (3) The warranty period starts upon the download of the Software. |
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| (4) If a remedy of the fault is impossible within an appropriate period of |
| time or the remedy or the replacement is regarded as ineffective, the user may |
| claim a reduction of the purchase price or the recission of the contract. The |
| remedy or the replacement can only regarded as ineffective if Kyocera Mita had |
| sufficient opportunity to remedy the fault and this proves impossible or |
| otherwise unreasonable. |
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| (5) The warranty is null and void if the Software has been misused, used for |
| the wrong purpose or used in defective hardware. |
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| (6) Faults must not be remedied by third parties. In this case Kyocera Mita |
| may either rescind the contract or provide a copy of the newest version of the |
| program. This does not imply any prolongation of the warranty period. |
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| (7) Kyocera Mita is not liable for any faults caused during downloading. |
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| **6. Limitation of warranty** |
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| (1) Software is used at the user's own risk. Kyocera Mita is only liable for |
| any faults caused by gross negligence or intentional acts by Kyocera Mita. |
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| (2) Kyocera Mita?s liability is limited to the purchase price. |
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| (3) Any liablility for loss of data is limited to those expenses which would |
| normaly be incurred in retrieving data if risk-appropriate back-up copies had |
| been made on a regular basis but, in any case, not exceeding the limit |
| specified in paragh 6, sub-paragh 2. |
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| (4) Any liability under the european laws concerning product Liability are not |
| limited by this contract. |
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| **7. Exclusion of liability** |
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| Kyocera Mita is not liable for any consequential damages, loss of profit or |
| any other loss whatsoever resulting from defects in the programm even if |
| Kyocera Mita has been advised thereof. This limitation of the warranty applies |
| to all damages of any kind. |
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| **8. Obligations to examine and to notify** |
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| (1) The user is obliged to examine the Software for any evident faults. An |
| evident fault means a fault obvious to the average user. Unless Kyocera Mita |
| is notified of such faults within 14 days of downloading the Software, the |
| warranty will expire. |
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| (2) Kyocera Mita has to be informed of any other fault within fourteen days of |
| its discovery. |
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| (3) This license does not effect any further obligations of the user normally |
| owed in the course of business. |
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| (4) If this obligation is violated, the user will be deemed to have accepted |
| the Software as faultless. |
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| **9. No other applicable agreements, written form** |
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| (1) This license governs the contractual relation between Kyocera Mita and the |
| user with regards to the contractual obligation established by this license. |
| There are no further agreements. Any prior contracts or agreements are null |
| and void upon acceptance of this license. |
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| (2) Any alteration of this license must be made in writing. Any alteration of |
| this clause must also be made in writing. |
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| **10. Confidentiality** |
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| (1) The user is obliged to the best of his abilities to take all reasonable |
| measures to prevent any unauthorized persons from obtaining access to, or |
| making any copy of, or otherwise disclosing any information regarding of the |
| Software. |
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| (2) It is agreed that any information obtained in the course of the contract |
| which could be used in the development, manufacture or sale of any Software or |
| for the infringement of any copyright laws shall be kept confidential. |
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| **11. Miscellaneous** |
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| (1) Any notification to Kyocera Mita shall be made in writing to the following |
| address: |
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| KYOCERA MITA EUROPE B.V. |
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| HOEKSTEEN 40 |
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| 2132 HOOFDORP, THE NETHERLANDS |
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| (2) All relations between KYOCERA MITA and the customer shall be deemed to |
| have been fully governed by and construed in accordance with the laws of the |
| Netherlands, the application of the Vienna Convention on Contracts for the |
| International Sale of Goods (CISG) being excluded. |
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| (3) All disputes arising in connection with this warranty shall be finally |
| settled by the competent court in Amsterdam, the Netherlands, as far as |
| legally permitted. |
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| (4) The purpose of heading in these warranty terms is merely to provided |
| better orientation. They are not significant for interpreting the warranty |
| terms. |
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| (4) If one or more stipulations of this warranty are entirely or partially |
| invalid, or if they become partially or entirely invalid, this will not affect |
| the validity of the remaining stipulations. The stipulations which have become |
| invalid shall be replaced by legally valid regulations, which most closely |
| approximates the intent of the invalid stipulation. |