RISO GOCCOPRO QS2536 SOFTWARE END USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT FOR THE RISO GOCCOPRO QS2536 SOFTWARE (the Software) (the Agreement) PRIOR TO (1) OPENING THE SEALED PACKAGE OR BREAKING THE SEAL, (2) CLICKING OR TAPPING THE ACCEPT, YES OR OTHER ICON ONLINE INDICATING ACCEPTANCE, OR (3) IF THE SOFTWARE PROVIDED TO THE END-USER IS INSTALLED OR RECORDED IN PHYSICAL MEDIA OR OTHER DEVICE, PRIOR TO USING SUCH MEDIA OR DEVICE. BY (1) OPENING THE SEALED PACKAGE OR BREAKING THE SEAL, (2) CLICKING OR TAPPING THE ACCEPT, YES OR OTHER ICON ONLINE INDICATING ACCEPTANCE, OR (3) USING THE MEDIA OR THE DEVICE IN WHICH THE SOFTWARE IS INSTALLED OR RECORDED, THE END-USER (WHICH MAY BE AN INDIVIDUAL OR AN ENTITY) (the End-User) WILL BE DEEMED TO HAVE READ AND UNDERSTOOD THIS AGREEMENT AND TO HAVE AGREED TO BE BOUND BY ANY AND ALL TERMS AND CONDITIONS IN THIS AGREEMENT AND ANY OTHER AGREEMENT REFERRED HEREIN.
If the End-User does not agree to all terms and conditions in this Agreement and other agreements referred to herein, please immediately return the Software (if the Software provided to the End-User is installed or recorded in physical media or other device, including such physical media or device) to the dealer or RISO KAGAKU CORPORATION (including the subsidiaries of RISO KAGAKU CORPORATION) (hereinafter, RISO KAGAKU CORPORATION and its subsidiaries shall be collectively referred to as RISO GROUP) where the End-User has procured the Software (including purchase thereof; the same shall apply hereinafter).
This Agreement constitutes a legally binding agreement between the End-User and RISO GROUP, and any third-party suppliers (the Suppliers) which are involved in the production of the Software. RISO GROUP will authorize the use of the Software by End-User in accordance with the licenses and other rights granted by Suppliers to RISO GROUP to the extent necessary to use the Software.
The Software includes the computer programs, together with all codes, techniques, software tools, format, design, concepts, methods and ideas associated therewith and all documentation related thereto, if any.
The Software is licensed and not sold. Upon End-User's acceptance to be bound by the terms and conditions of this Agreement and any other agreements referred to herein, the End-User will be granted a nonexclusive, nontransferable right to use the Software.
LIMITATION ON USE.
The End-User may not use, copy, modify, display or transfer the Software except as otherwise specified in this Agreement. The End-User may make a copy of the Software only for backup or installation purpose in support of the normal and intended use of the Software.The End-User may not sublicense the Software to a third party, transfer or assign the license to a third party, or transfer, lease, rent or distribute copies of the Software or any portion thereof to a third party. Any such actions shall become void and shall constitute breach of this Agreement. Such actions may also constitute breach of other agreements to which the End-User is bound.
The End-User shall not modify or translate the Software without the prior written consent of RISO GROUP. Unless otherwise provided in any applicable law, the End-User shall be prohibited from reverse engineering, disassembling or decompiling the Software or otherwise attempting to recreate its source code.
The End-User agrees that the End-User does neither own nor acquire the copyright or any other intellectual property right to the Software. Even if the Software provided to the End-User is installed or recorded in physical media or other device, the End-User shall have ownership to only the physical media or device and RISO GROUP or the Suppliers shall have the copyright or any other intellectual property right to the Software. The End-User agrees to use its best efforts to protect the Software from unauthorized duplication or use. RISO GROUP and the Suppliers reserve all rights not expressly granted to the End-User under this Agreement.
DISCLAIMER OF WARRANTIES.
RISO GROUP does not warrant that the Software will meet the End-User’s requirements or is free from defects. RISO GROUP provides the End-User with the Software AS IS without additional representations or warranties of any kind, either express, implied or statutory, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. RISO GROUP shall not provide any implied warranties.
The above provision on DISCLAIMER OF WARRANTIES may not apply to End-User in certain jurisdictions which do not allow the exclusion of implied warranties.
Notwithstanding the LIMITATION ON USE provided above, the End-User may assign this Agreement to an assignee (the Assignee) only if (i) the End-User transfers the physical media or other device in which the Software is installed or recorded to the Assignee in case the Software is installed or recorded in physical media or other device and (ii) the Assignee agrees to be bound by all of the terms and conditions of this Agreement and any other agreement referred to herein.
The license is effective until its termination. The license shall be immediately terminated if the End-User fails to comply with the terms and conditions of this Agreement, or assigns the Agreement to the Assignee in accordance with the ASSIGNMENT provided above. The End-User agrees to destroy all copies of the Software and to cease the use of Software after termination of the license.
For any product support for the Software, please contact the dealer or RISO GROUP from whom the End-User has procured the Software.
The End-User shall not export the Software in violation of any applicable laws or regulations relating to export.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL RISO GROUP BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, ANY COSTS FOR PROCURING SUBSTITUTE GOODS OR SERVICES, ANY LOSS OF USE, DATA OR PROFITS, OR ANY LOSS ARISING FROM INTERRUPTION OF BUSINESS) FOR ANY REASON WHATSOEVER AND REGARDLESS OF WHETHER RISO GROUP HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY SHALL APPLY REGARDLESS OF FORM OF CLAIM,
WHETHER BASED ON CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY OF LIABILITY.
THE END-USER UNDERSTANDS AND ACKNOWLEDGES THAT CERTAIN TERMS AND CONDITIONS IN THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE LIMITED WARRANTY, WARRANTY DISCLAIMERS AND LIMITATIONS AND EXCLUSIONS OF LIABILITY, CONSTITUTE AN AGREED ALLOCATION OF RISK BETWEEN THE END-USER AND RISO GROUP AND/OR ITS SUPPLIERS AND THAT, WITHOUT SUCH RISK ALLOCATION, RISO GROUP WOULD NOT HAVE BEEN ABLE TO LICENSE THE SOFTWARE TO THE END-USER UNDER THE TERMS AND CONDITIONS (INCLUDING THE PRICE IF THE END-USER HAS PURCHASED THE LICENSE) UNDER WHICH THE END-USER HAS PROCURED THE LICENSE.
The above provision on limited warranty may not apply to End-User in certain jurisdictions which do not allow the exclusion or limitation of incidental or consequential damages.
This Agreement shall be governed by and interpreted in accordance with the laws of Japan. The rights and obligations of the parties under this Agreement shall not be governed by the U.N. Convention on Contracts for the International Sales of Goods. This Agreement constitutes the entire agreement between the parties with regard to the subject matter hereof, and supersedes any and all prior and contemporaneous oral or written statements or agreements relating to the Software. The provisions of this Agreement are separate and independent covenants, and the invalidity or unenforceability of one or more of these provisions or covenants shall not affect the validity or enforceability of the remaining provisions or of the other covenants of this Agreement.