End User License Agreement - Minolta QuickScan 35 User Manual

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END-USER LICENSE AGREEMENT
CAREFULLY READ THE LICENSE AGREEMENT BELOW BEFORE OPENING THIS PACKAGED
SOFTWARE. OPENING THIS PACKAGE INDICATES YOUR ACCEPTANCE TO THE TERMS AND
CONDITION BELOW. IF YOU DO NOT AGREE WITH THEM YOU SHOULD PROMPTLY RETURN THE
PACKAGE UNOPENED.
This is a license agreement and not an agreement for sale. Minolta owns, or has been licensed from other
owners, copyrights in the computer programs ("Software"). You obtain no rights to the intellectual property in
the Software other than the license granted to you regarding the Software under this agreement. The title to
the enclosed copy of the copy the Software and any copy made from it is retained by Minolta or such other
owners.
1. LICENSE
You may:
(1) install and use the Software on only one computer at any one time.
(2) make a copy of the Software for backup or installation purposes only in support of the normal and
intended use of the Software.
(3) 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 you license from Minolta, and (iii) such other party
shall accept and be bound by these license terms by their initial use of the Software.
2. RESTRICTIONS
You shall not without the written consent of Minolta:
(1) use, copy, modify, merge or transfer copies of the Software except as provided herein.
(2) reverse assemble or reverse compile the Software except as permitted by law; or
(3) sublicense, rent, lease or distribute the Software or any copy thereof.
3. LIMITED WARRANTY
Minolta 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 is 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
"AS IS".
SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
4. LIMITATION OF REMEDIES
In no event will Minolta be liable for any lost profits, lost saving, or any incidental
damages that result from the use or inability to use the Software, even if Minolta or its
Authorized remarketers have been advised of the possibility of such damages or for any claim by you based
on a third party claim.
5. 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.
Minolta 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.
6. GOVERNING LAW
This Agreement shall be governed by the laws of the country where the delivery is made to the original
customer.
7. 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. The Government agrees: (i) if the Software is supplied to the Department of
Defense (DoD), the Software is classified as "Commercial Computer Software) and the Government is
acquiring only "restricted right" in the Software as that term is defined in Clause 252.227.7013(c)(1) of the
DFARS; and (ii) if the Software is supplied to any unit or agency of the United States Government other than
DoD, the Government's rights in the Software will be as defined in Clause
52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the
NASA Supplement to FAR
4
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