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END-USER LICENSE AGREEMENT
- Software: Image Capture Plus, Device Driver, UserUtility and MCD Utility
- Permitted Number: Unlimited
- Network Use: Not Acceptable
This is a legal Agreement between you and Panasonic Corporation (hereinafter called "The Company") for use of the Licensed Software. Your acceptance of this Agreement is required to use the Licensed Software. Please carefully read this Agreement before opening the package (if any) containing the Licensed Software, or using, downloading or installing the Licensed Software. Your opening of the package (if any) containing the Licensed Software, or use, downloading or installation of the Licensed Software shall be conclusively deemed to constitute your acceptance of the terms of this Agreement. If you do not agree with this Agreement, do not open the package (if any) containing the Licensed Software, or use, download or install the Licensed Software.
The Company and/or its licenser have all title and right of the Licensed Software. The Company has the right to license or has been granted the right to license the Licensed Software. You acknowledge that you are receiving only a personal, non-transferable and non-exclusive LIMITED LICENSE TO USE the Licensed Software and related documentation, if any, in accordance with the following terms and conditions, and that you shall obtain no title, ownership nor any other rights in or to the Licensed Software and related documentation nor in or to the algorithms, concepts, designs and ideas represented by or incorporated in the Licensed Software and related documentation, all of which title and rights shall remain with The Company and its licenser.
(1) You have the non-exclusive rights to use the Licensed Software on your computer(s) provided that the number of your computer(s) shall be within the Permitted Number. If you are a corporation, you can use the Licensed Software in your corporation and in one site within the Permitted Number of computer(s).
(2) If the above Network Use column is "Acceptable", you may install the Licensed Software into a network server and/or its clients and use the copies of Licensed Software in your network provided the number of your computer(s) using the Licensed Software simultaneously shall be within the Permitted Number. If the above Network Use column is "Not Acceptable", you cannot install the Licensed Software into a network server and/or its clients and use the copies of Licensed Software in your network.
(3) If the Licensed Software is software for The Company's hardware product (hereinafter called "Product Software". It includes update version.), you may use the Licensed Software on computer(s) that said The Company's hardware product is connected to (including a connection by network).
(1) Before you start using the Licensed Software, you must make back-up copies of valuable files in storage apparatus, such as a floppy disk or hard disk, connected to your computer
(2) You may not make any copies of the Licensed Software and related documentation, provided, however, that you may make reasonable quantities of copies of the Licensed Software solely for backup or archival purposes.
(3) You may not modify, alter or transfer the Licensed Software.
(4) You may not reverse engineer, decompile or disassemble the Licensed Software, except that in European Union and European Free Trade Association, you may have the limited right to reverse engineer, decompile or disassemble the Licensed Software solely to the extent specifically permitted by the terms and conditions of Article 6 of the European Community's Directive for the Legal Protection of Computer Programs, OJL 122/42 (17 May 1991).
(5) You may not rent or lease the Licensed Software whether with or without charge.
(6) You may not export the Licensed Software in contravention of any applicable export control laws and regulations.
4. LIMITED WARRANTY
The Licensed Software is being delivered to you "AS IS". NEITHER THE COMPANY (including The Company's parent company, affiliate and/or subsidiary, in this Article) NOR ITS LICENSER MAKES OR PASSES ON TO YOU OR OTHER THIRD PARTY, ANY WARRANTY OR REPRESENTATION INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER THE COMPANY NOR ITS LICENSER WARRANTS THAT THE LICENSED SOFTWARE WILL BE ERROR-FREE OR THAT IT WILL MEET YOUR REQUIREMENTS. NEITHER THE COMPANY NOR ITS LICENSER SHALL BE LIABLE FOR ANY DAMAGE SUFFERED BY YOU INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES. THE ABOVE LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Company shall not be responsible for modifying the Licensed Software to adapt to your computer system as it is or when you change an environment, such as operating system or its version-up.
5. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
The Licensed Software and related documentation are "commercial items", as that is defined at FAR 2.101, consisting of "commercial computer software" and "commercial computer software documentation", as such terms are used in FAR 12.212 and DFARS 227.7202. Consistent with FAR 12.212 or DFARS 227.7202, as applicable, the Licensed Software and related documentation are licensed to U.S. Government end users as a commercial item, with only those rights as are granted to all other end users pursuant to the terms and conditions of this Agreement.
You may transfer your right under this Agreement on a permanent basis, provided that you transfer this Agreement, all Licensed Software (including its copies), all related documentation (including its copies) and all the accompanying The Company's hardware product (in case of Product Software), and the recipient thereof agrees to the terms of this Agreement.
This license is effective until terminated. You may terminate this Agreement at any time by destroying the Licensed Software, related documentation and all copies thereof. This license will also terminate if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to destroy the Licensed Software, related documentation and all copies thereof.
Nothing contained in this Agreement shall be construed so as to require the commission of any act contrary to statute or law, and whenever there is any conflict between any provisions of this Agreement and any statute or law, contrary to which the parties have no legal right to contract, the latter shall prevail. In such event, however, the provisions of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within the legal requirements.
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