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NEC Technologies, Inc.
1250 N. Arlington Heights
Itasca, IL 60143
NECTECH SOFTWARE LICENSE AGREEMENT
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE
OPENING THIS SOFTWARE PACKAGE: OPENING THE PACKAGE INDICATES THAT YOU
HAVE ACCEPTED THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH
THEM, YOU SHOULD IMMEDIATELY RETURN THE PACKAGE UNOPENED AND THE
PRODUCT UNUSED TO THE PERSON FROM WHOM YOU PURCHASED THE PACKAGE
WITHIN A REASONABLE PERIOD OF TIME FOR A FULL REFUND OF MONEY PAID FOR
THE PACKAGE.
NECTECH provides the Software and licenses its use to you, the licensee, pursuant to the following
terms. (From this time on, references to "you" mean the "licensee", references to "NECTECH"
mean "NEC Technologies, Inc.", references to "Printer" mean the printer product purchased with the
Software, and references to the "Software" mean the software programs, including the coded font
programs, in the medium (e.g., floppy disk, CD-ROM) of this package and/or in the ROM of the
Printer and any other enhancements to the Software which you hereafter may acquire from
NECTECH unless such acquisition is subject to another written license agreement.)
You assume responsibility for the selection of the Software to achieve your intended results.
Further, you are responsible for the installation, use and results obtained from the Software.
LICENSE
(1) NECTECH grants to you a nonexclusive and royalty-fee license, subject to these sections (1)
through (4) and the other provisions hereof:
(a) to use on the Printer one (1) copy of that portion of the Software which is provided to you
preinstalled in the ROM of the Printer;
(b) to use on up to five (5) computers connected to the printer that portion of the Software
included in the medium of this package; and
(c) to use the typeface trademarks used by NECTECH to identify the coded font programs and
typefaces produced therefrom, provided that you can only use such trademarks to identify
printed output produced by the coded font programs.
You may not rent or lease the Software, but you may transfer the Printer, the Software and
accompanying documentation on a permanent basis, provided that you retain no copies of the
Software and the recipient agrees to be bound by all of the terms and conditions of this Agreement.
(2) You agree not to alter, reverse engineer or disassemble the Software. You will not copy the
Software except as necessary to use them on computers and the Printer described in section (1)
above or backup purposes. You agree that any such copies of the Software shall contain the same
proprietary notices that appear on and in the Software.
(3) Title to and ownership of the Software, related documentation and any reproduction thereof shall
remain with NECTECH and its suppliers and the trademarks are the property of such trademark
owners. Except as stated in section (1) and (2) above, this Agreement does not grant to you any
right (whenever by license, ownership or otherwise) in or to patents, copyrights, trade secrets,
trade names, trademarks or any other intellectual property right with respect to the Software.
(4) You will not export or re-export the Software without the appropriate United States or foreign
government licenses.
NEC
Suite 500
COPYRIGHT
THE SOFTWARE IS COPYRIGHTED AND, EXCEPT AS PERMITTED BY THIS
AGREEMENT, YOU MAY NOT DUPLICATE THE SOFTWARE OR DISCLOSE IT TO ANY
OTHER PARTY.
TERM
This Agreement is effective until terminated. You may terminate it voluntarily at any time.
Voluntary termination by you must be accompanied by complete destruction of the Software and
copies thereof. NECTECH or its suppliers may terminate this Agreement without notice upon your
failure to abide by this Agreement.
LIMITED WARRANTY
(1) NECTECH warrants to you that each medium (floppy disk, ROM and/or CD-ROM) containing
the Software is free from defects in materials and workmanship and also warrants that it will
replace any defective medium at no charge to you, if any such defective medium is returned to
NECTECH within ninety (90) days of your purchase. (Any such return should be made to
NECTECH at the address on this Agreement. "Attention: Printer Software Marketing", together
with a written notification of the defect.)
(2) YOU AGREE THAT THE SOFTWARE IS PROVIDED AND LICENSED "AS IS". TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NECTECH AND ITS
SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE.
YOU BEAR THE ENTIRE RISK RELATING TO THE QUALITY OF THE SOFTWARE AND,
IF THE SOFTWARE PROVES TO HAVE ANY DEFECTS, YOU ASSUME THE COST OF
ANY NECESSARY SERVICING OR REPAIRS.
(3) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THAT THE ABOVE EXTENSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES
YOU SPECIAL LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH
VARY FROM STATE TO STATE.
LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
NECTECH OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFIT, INTERRUPTION
OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND) REGARDLESS OF THE FORM OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR
OTHERWISE, EVEN IF NECTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THIS AGREEMENT SHALL BE CONSTRUED AND INTERPRETED ACCORDING TO THE
LAWS OF THE COMMONWEALTH OF MASSACHUSETTS.
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