End User License Agreement - Konica Minolta FK-116 User Manual

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To the user options (Printer Controller, Twain Driver, RSD software and Network
utilities), please read End User License Agreement shown below before opening the package

END USER LICENSE AGREEMENT

PLEASE READ CAREFULLY THE LICENSE AGREEMENT BELOW BEFORE OPENING THIS PACKAGED SOFTWARE.
OPENING THIS PACKAGE INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT
AGREE WITH THEM, YOU SHOULD PROMPTLY RETURN THE PACKAGE UNUSED.
1. SOFTWARE
"Software" means the computer program contained in this package (which may include digitally encoded, machine readable, scaleable outline
font data as encoded in a special format), together with all codes, techniques, software tools, format, design, concepts, methods and ideas
associated with the computer program and all documentation related thereto.
2. LICENSE AGREEMENT
This is a license agreement and not an agreement for sale. KONICA owns, or has been licensed from other owners, copyrights in the
Software. Except as stated in this Agreement, you are not granted any rights to patents, copyrights, trade names, trademarks (whether
registered or unregistered), or any other rights, franchises or licenses in respect of the Software. Title to the Software and any copy made from
it is retained by KONICA or such other owners.
3. LICENSE
KONICA, hereby grant to you, and you agree to accept a non-exclusive, non-transferable and limited license and you
may:
(1) install and use the Software on a single computer and one associated KONICA product.
(2) use the Software only for your own customary business or personal purposes.
(3) make a copy of the Software for backup or installation purposes only in support of the normal and intended use of the Software.
(4) transfer possession of copies of the Software to another party by transferring a copy of this Agreement and all other documentation along
with at least one complete unaltered copy of the Software, provided that (i) you must, at the same time, either transfer to such other party
or destroy all your other copies of the Software. (ii) such transfer of possession terminates your license from KONICA, and (iii) such
other party shall accept and be bound by these license terms by its initial use of the Software.
4. RESTRICTIONS
(1) You shall not without the written consent of KONICA:
(i) use, copy, modify, merge or transfer copies of the Software except as provided herein. (ii) reverse assemble or reverse compile the
Software except as permitted by law; or (iii) Sublicense, rent, lease or distribute the Software or any copy thereof.
(2) You shall not export or re-export the Software in any form under violation of export restrictions by the government of your country.
5. LIMITED WARRANTY
KONICA warrants the media on which the Software is recorded to be free from defects in materials and workmanship under normal use.
Warranty details and limitations for the Software are described in the Statement of Limited Warranty which was supplied with the hardware.
With the exception of the foregoing express warranties applicable to hardware and media only, the Software is not warranted and is provided.
SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6. LIMITATION OF REMEDIES
IN NO EVENT WILL KONICA BE LIABLE FOR ANY LOST PROFITS, LOST DATA, OR ANY OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM USE OR INABILITY TO USE THE SOFTWARE, EVEN IF KONICA OR
ITS AUTHORISED REMARKETERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM
BY YOU BASED ON A THIRD PARTY CLAIM.
7. TERMINATION
You may terminate your license at any time by destroying the Software and all your copies of it or as otherwise described in these terms.
KONICA may terminate your license if you fail to comply with these terms. Upon such termination, you agree to destroy all your copies of
the Software.
8. GOVERNING LAW
This Agreement shall be governed by the laws of the country where the delivery is made to the original customer.
9. GOVERNMENT END USERS
If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. Use,
duplication or disclosure by the Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software
clause at FAR 252.227-7013, subdivision (b)(3)(ii) or subparagraph (c)(1)(ii), as appropriate. Further use, duplication or disclosure is
subject to restrictions applicable to restricted rights software as set forth in FAR 52.227-19(c)(2).
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 STATEMENT OR
REPRESENTATION NOT CONTAINED IN THIS AGREEMENT. NO CHANGE IN THIS AGREEMENT IS
EFFECTIVE UNLESS WRITTEN AND SIGNED BY PROPERLY AUTHORISED REPRESENTATIVES OF EACH
PARTY. BY OPENING THE PACKAGE, YOU AGREE TO ACCEPT THE TERMS OF THIS AGREEMENT.
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GREEMENT
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