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End-User License Agreement for PC Editor Tool
For use with Panasonic Models EB-GD87, EB-GD88, EB-GU87
Scope of License
The Software and any accompanying documentation and associated copyright and other intellectual property rights are owned by Panasonic Mobile Communications Company Limited (“PMC”) and/or its licensors. By installing, downloading, or using the Software, you (the "Licensee") will be granted a non-exclusive, non-transferable (other than in accordance with the terms of this License Agreement) license and you agree with PMC to be bound by the terms and conditions of this License Agreement, which will govern your use of the Software and any accompanying documentation. This is an agreement on end-user rights and not an agreement for sale.
The Software may only be used with the Handset identified above and accessory (if any) designated by PMC. All other uses are prohibited.
Limitations on End-User Rights
The Licensee can:
- Only use the Software on a single computer under the control of the Licensee at any one time.
- Transfer the Software from one computer to another provided that there is a copy of the Software on only one computer at a time (withstanding the right to make an archive copy).
- Make one copy of the Software on magnetic media for archiving purposes; provided always that the copy must reproduce any PMC copyright notice.
- After giving written notice to PMC and such notice accepted by PMC, transfer the Software (complete with all its accompanying documentation) and the benefit of this license to another person on a permanent basis, provided that the transferee agrees to the License Agreement terms and conditions and that you retain no copies of the Software. If the transferee does not accept these terms and conditions then this License Agreement shall automatically terminate. The transferor does not retain any rights under this License Agreement in respect of the transferred Software.
The Licensee cannot:
- Sub-license, rent, lease, loan, modify, adapt, merge or (save as expressly permitted in this License Agreement) copy the Software or its accompanying documentation or create derivative works based on the Software.
- Reverse engineer, decompile or disassemble the Software (except to the extent that this restriction is expressly prohibited by law).
- Use a previous version of the Software after having obtained an upgraded version (if any) - all copies of the prior version must be destroyed.
Licensee agrees to use the Software in a manner that complies with all applicable laws, including laws related to copyright and other intellectual property rights.
Term and Ownership
This License Agreement will automatically terminate if you the Licensee fail to abide by these terms and conditions. Upon termination, you must destroy all copies of the Software and its accompanying documentation including any Software stored on the hard disk of any computer under your control.
The Licensee only owns the media on which the Software is recorded
and may retain such media on termination of this License Agreement provided that the Software has been erased. PMC shall at all times retain ownership of the Software as recorded on the original media
and all subsequent copies thereof regardless of form.
PMC has no obligation to furnish you with technical support unless separately agreed in writing between you and PMC.
Warranties and Limitations
THE SOFTWARE IS PROVIDED ON AN "AS-IS" BASIS WITHOUT ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS, OR OTHER RIGHTS. WITHOUT LIMITING THE FOREGOING, PMC MAKES NO WARRANTY THAT: (I) THE SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR (IV) ANY ERRORS OR DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PMC, ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, DATA, SAVINGS, TIME, MONEY, OR GOODWILL, OR PROPERTY DAMAGE, PERSONAL INJURY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, INTERRUPTION OF BUSINESS, TELEPHONE COSTS, OR FOR OTHER DAMAGES OF ANY KIND, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF PMC, ITS AFFILIATES OR LICENSORS HAD NEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT PREJUDICE TO THE FOREGOING, AND BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PMC, ITS AFFILIATES OR LICENSORS’ LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
This License Agreement constitutes the entire agreement between you and PMC regarding the Software and accompanying documentation. This License Agreement shall be governed by, and construed in accordance with the laws of Japan. In the event that any provision of the License Agreement is held to be unenforceable, then the remaining provisions of the License Agreement will remain in full force and effect, and the unenforceable provision will be replaced with an enforceable provision that most closely approximates the intent and economic effect of such severed provision. All controversies and disputes arising out of or relating to the Software shall be submitted to the Tokyo District Court in Tokyo, Japan as the Court of first instance. You hereby irrevocably consent to the exclusive jurisdiction of such Court. Any failure by PMC to exercise or enforce its rights under the License Agreement shall not constitute a waiver of such rights.
To continue with installation of mobilephone Suite components please click the Accept button below to confirm you have both read and understood the terms and conditions herein.
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