SOFTWARE LICENCE AND LIMITED WARRANTY
The headings in this document are used for
convenience only and shall not affect its
interpretation.
1. INTRODUCTION. This document is an
agreement between you, the end user of the
software supplied with the product you have
just obtained (which is later referred to as "the
machine"), and SHARP CORPORATION (this
document is later called "the agreement" and
Sharp Corporation is later called "Sharp"). The
agreement sets out the terms of the licence for
the software referred to above (which is later
called "the software"). This agreement
constitutes the complete understanding
between you and SHARP. By opening the
sealed software package, you acknowledge
that you have read this agreement and that you
agree to become bound by the terms of this
agreement. If you do not agree to the terms of
this agreement, please do not open the
software package but promptly return it,
together with the other items (including written
materials, binders or other containers that are
part of the machine), to the place where you
purchased it and you will be given a full refund.
2. GRANT OF LICENCE. You are granted a
non-exclusive licence to use and display this
copy of the software on one single machine
appliance at a single location. If the machine
appliance is used by more than one user than
this licence covers all the users of that single
appliance at a single location.
3. OWNERSHIP OF THE SOFTWARE.
Copyright in the software is owned by SHARP
or, if appropriate, by SHARPís licensors, which
means that you own the magnetic or other
physical media on which the software is
originally or subsequently recorded or fixed, but
SHARP retains title and ownership of the
material recorded on that physical media
irrespective of the form of the media in or on
which the original and other copies may exist.
This agreement is not a sale of the original
software or any copy of that software.
4. RESTRICTIONS ON USE. Except to the
extent permitted by the UK copyright laws you
may not decompile, disassemble, reverse
engineer, copy or modify the software or to
create derivative works based on the software.
You are not permitted to copy, translate, modify
or adapt the accompanying written material or
to distribute copies of such material or the
software to others. Your failure to abide by
these restrictions will constitute copyright
infringement and you may be held legally
responsible for it to SHARP or its licensors, as
appropriate. Subject to these restrictions, you
are permitted to make one (1) copy of the
software for back-up purposes in which case
you must reproduce and include in the back-up
copy the copyright notice displayed in the
software and on the packaging. Please note
that the fonts supplied with the machine and
fonts created by SHARP are deemed to be a
part of the software.
5. RESTRICTIONS ON TRANSFER. This
software is licensed only to you and may not be
transferred to anyone else without the prior
written consent of SHARP. Any authorised
transferee of the software shall be bound by the
terms and conditions of this agreement. If you
transfer the software to anyone else in the
manner permitted in this agreement, you must
delete it from your [name of product] appliance
and all program and back-up copies must be
handed over to the new user and the ones not
handed over destroyed.
6. TERMINATION. This agreement is effective
until terminated. The termination may occur
automatically without notice from SHARP to
you if you fail to comply with any provisions of
this agreement. Upon termination you must
destroy the written materials, program files and
back-up copies of the software or return them
to SHARP.
7. UPDATE POLICY. From time to time SHARP
may create updated versions of the software.
At its option, SHARP can make such updated
versions available to you, or your authorised
transferees, if your or your transferees paid the
update fee (if applicable) and returned the
Registration Card to SHARP.
8. LIMITED WARRANTY. SHARP warrants
that the software will perform substantially in
accordance with the accompanying product
manuals for a period of ninety (90) days from
the date shown on your receipt. SHARP also
warrants that the physical media on which the
software is stored will be free from defects in
material and workmanship under the normal
use and service for a period of one (1) year from
the date shown on your receipt. Any implied
warranties as to the software or the storage
media are limited to ninety (90) days and one
(1) year, respectively, or the shortest period
permitted by law whichever is the greater.
9. CUSTOMER REMEDIES. The entire liability
of SHARP and your exclusive remedy shall be,
at the option of SHARP, either the return of
appropriate portion the price paid by you for the
machine or repair/replacement of the software
and the storage media, which do not meet the
Limited Warranty referred to above and which
are returned to SHARP with a copy of the
receipt. If failure in respect of the software or
the storage media results from accident, abuse,
misappropriation or improper usage, the
L i m it e d W a r r a n t y s h a ll be v oi d . Any
replacement software will be warranted for the
remainder of the original Limited Warranty
period but will not be longer than thirty (30)
days.
READ THIS DOCUMENT
BEFORE OPENING THE
SEALED DISK PACKAGES
10. EXCLUSION OF OTHER WARRANTIES.
Except as expressly provided in point 8 above
and to the maximum extent permitted by law,
SHARP excludes all other warranties, either
express or implied, including but not limited to
implied warranties of satisfactory quality and
fitness for purpose, with respect to the software,
the accompanying written materials and any
accompanying hardware. SHARP does not
wa r r a n t , g u a r a n t ee o r m ak e an y
representations regarding the use, or the
results of the use, of the software or the
accompanying written materials in terms of
correctness, accuracy, reliability or otherwise;
the entire risk as to the results and performance
of the software is assumed by you. No oral or
written information or advice given by SHARP
, its dealers, distributors, agents or employees
shall create a warranty or in any way increase
the scope of the Limited Warranty and you may
not rely on any such information or advise.
THIS AGREEMENT DOES NOT AFFECT OR
PREJUDICE THE STATUTORY RIGHTS OF
A C O NS UM E R BEI NG A PERSO N
ACQUIRING THE SOFTWARE OTHERWISE
THAN IN THE COURSE OF BUSINESS.
The exclusions and limitations set out in this
agreement do not apply to death and personal
injury resulting from negligence.
11. DISCLAIMER OF LIABILITY. To the
maximum extent permitted by law, SHARP or
anyone who has been involved in the creation
production or delivery of the software and the
machine shall not be liable for any direct,
indirect, consequential or incidental damages
(including, without limitation, loss occasioned
by interruption to business, loss of business
profits or business information, or other
pecuniary loss) arising out of the use or inability
to use the software. The entire liability of
SHARP under any provision of this agreement
shall be limited to the amount of money paid by
you for the machine.
1 2 . L A W AN D JU RISDICTI ON. Th is
agreement shall be governed by the laws of
England and any dispute arising out of this
agreement or the usage of the software shall be
resolved in English courts.
If you have any questions arising out of this
agreement, please write to Sharp Electronics
(UK) Limited, Sharp House, Thorp Road,
Manchester M40 5BE.