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1.11
SOFTWARE LICENSE AGREEMENT
1.11
SOFTWARE LICENSE AGREEMENT
PLEASE READ CAREFULLY THE LICENSE AGREEMENT BELOW BEFORE DOWNLOADING, INSTALLING
OR USING THE SOFTWARE. DOWNLOADING, INSTALLING OR USING THE SOFTWARE SHALL BE
DEEMED YOUR LAWFUL ACCEPTANCE OF THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT
AGREE TO THEM, DO NOT DOWNLOAD, INSTALL, NOR USE THE SOFTWARE.
1.
SOFTWARE
"Software" means this computer program (software), independent from its distribution channel, i.e.
whether downloaded on royalty-free basis (which may include digitally encoded, machine readable,
scalable outline font data as encoded in a special format) or obtained on DVD or any other physical data
carrier, together with all codes, techniques, software tools, format, design, concepts, methods and ide-
as associated with the computer program and all documentation related thereto.
2.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
This is a license agreement and not an agreement for sale. Konica Minolta Business Solutions Europe
GmbH ("Konica Minolta") owns, or has been licensed from other owners ("Konica Minolta Licensor"),
copyrights and other intellectual property rights of the Software, and any and all rights and title to the
Software and any copy made from it are retained by Konica Minolta or Konica Minolta Licensor. In no
event, this Agreement shall be deemed to assign any copyright and/or any intellectual property rights
of the Software from Konica Minolta or Konica Minolta Licensor to you. Except as stated in this Agree-
ment, you are not granted any rights to patents, copyrights, trade names, trademarks (whether regis-
tered or unregistered), or any other rights, franchises or licenses in respect of the Software. The
Software is protected by copyright laws and international treaty provisions.
3.
LICENSE
Konica Minolta hereby grants to you, and you agree to accept a non-exclusive, non-transferable and
limited license, and you may:
(i) install and use the Software only on your computer(s) connected via inhouse network with a product
for which this Software is designed;
(ii) allow users of the computers described above to use the Software, provided that you assure that all
such users comply with the terms of this Agreement;
(iii) use the Software only for your own customary business or personal purpose;
(iv) make one copy of the Software only for backup or installation purpose in the support of the normal
and intended use of the Software;
(v) transfer the Software to other party by transferring a copy of this Agreement and all documentation
along with the Software, provided that (a) you must, at the same time, either transfer to such other party
or destroy all your other copies of the Software, (b) such transfer of possession terminates your license
from Konica Minolta, and (c) you must assure that such other party has agreed to accept and be bound
by the terms and conditions of this Agreement. If such other party does not accept such terms and con-
ditions then you shall not transfer any copy of the Software.
4.
RESTRICTIONS
(1) You must not without the prior written consent of Konica Minolta:
(i) use, copy, modify, merge or transfer copies of the Software except as provided herein;
(ii) reverse engineer, reverse assemble, reverse compile or any other way analyze the Software except
permitted by law;
(iii) sublicense, rent, lease or distribute the Software or any copy thereof; or
(iv) remove, use, or alter any trademark, logo, copyright or other proprietary notices, legends, symbols
or labels in the Software.
(2) You agree that you will not export the Software in any form in violation of any applicable laws and
regulations regarding export control of any country.
5.
LIMITED WARRANTIES
The Software is provided to you "as is" without any warranties whatsoever. The express terms of this
Agreement are in lieu of all other warranties, express or implied and Konica Minolta, its affiliate compa-
nies and Konica Minolta Licensor disclaim all warranties with regard to the Software, express or implied,
including, without limitation, implied warranties of merchantability, fitness for a particular purpose and
non-infringement of third party rights. The disclaimer of warranty hereunder does not affect your stat-
utory rights. In case of the disclaimer is not allowed by applicable law, the disclaimer shall only apply
to you to the maximum extent permitted by the law.
6.
LIMITATION OF REMEDIES
In no event will Konica Minolta, its affiliate companies nor Konica Minolta Licensor be liable for any lost
profits, lost data, or any other indirect, special, punitive, incidental or consequential damages that result
from use or inability to use the Software, even if Konica Minolta, its affiliate companies, its authorized
remarketers or Konica Minolta Licensor have been advised of the possibility of such damages or for any
claim by you based on a third party claim.
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