| Software End User License Agreement |
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| 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. |
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| 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. |
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| 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. |
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| 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 |
| country. |
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| 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 |
| the law. |
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| 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. |
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| 6. GOVERNING LAW This Agreement shall be governed by the laws of Japan. |
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| 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. |
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| 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 |
| herein. |
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| 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. |