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End-User Software License Agreement
IMPORTANT–READ THESE TERMS CAREFULLY BEFORE
DOWNLOADING THIS SOFTWARE OR USING THE PRODUCTS
DESCRIBED IN THIS USER MANUAL, OR OPENING THE
SHRINK-WRAP PACKAGE CONTAINING SOFTWARE.
BY DOWNLOADING OR USING THIS SOFTWARE, YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE
AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU
AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT
AGREE TO THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE
WITHOUT DOWNLOADING THE SOFTWARE.
Grant of License for Registered Users
Konica Minolta Business Solutions U.S.A., Inc. (“Konica Minolta”) grants you a non-exclusive, non-transferable license to use the program with which this license is distributed (the “Software”), including any documentation files accompanying the Software (“Documentation”), on a single server or personal computer to support up to the number of simultaneous users for which you have paid the license fee, provided that: (i) the Software is installed on only one server or personal computer; (ii) the Software is NOT modified; (iii) all copyright notices are maintained on the Software; and (iv) you agree to be bound by the terms of this License Agreement. The Software and Documentation shall be used only by you, only for your own personal or internal business use and not in the operation of a service bureau or for the benefit of any other person or entity.
Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this License Agreement.
Ownership.
You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this License Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with Konica Minolta.
Copyright
The Software and Documentation contain material that is protected by United States and international copyright and trade secret laws, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Konica Minolta. You may not remove any proprietary notice of Konica Minolta from any copy of the Software or Documentation.
Restrictions
You agree not to (i) make any copies of the Software or the Documentation, in whole or in part, (ii) modify, translate, reverse engineer, de-compile, disassemble, (iii) create derivative works based on the Software or the Documentation, or (iv) create source code from the Software object code, except to the extent that the such limitations are prohibited by applicable law. You agree to take reasonable steps to safeguard copies of the Software or the Documentation to prevent copying or use by unauthorized persons, and to take reasonable steps to ensure that the provisions of this License Agreement are not violated by your employees or agents. You agree not to use any part of the Software separately from the Software. You shall not transfer the Software or any Documentation, or any copies of them, to any Third-Party without Konica Minolta’s prior written consent.
Confidentiality
You acknowledge that the Software contains proprietary trade secrets of Konica Minolta and you hereby agree to maintain the confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the terms and conditions of this Software License Agreement to those persons employed by you who come into contact with the Software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Program for the purpose of deriving the source code of the Program or defeating the lock and/or unlock codes.
Limited Warranty
KONICA MINOLTA WARRANTS FOR A PERIOD OF THIRTY (30) DAYS AFTER PURCHASE THAT THE SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION. SHOULD THE SOFTWARE NOT SO OPERATE, YOUR EXCLUSIVE REMEDY, AND KONICA MINOLTA’S SOLE OBLIGATION UNDER THIS WARRANTY, SHALL BE, AT KONICA MINOLTA’S SOLE DISCRETION, CORRECTION OF THE DEFECT OR REPLACEMENT OF THE SOFTWARE. ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY KONICA MINOLTA REGARDING THE SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE SOFTWARE IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, KONICA MINOLTA DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KONICA MINOLTA SPECIFICALLY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL KONICA MINOLTA BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF KONICA MINOLTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KONICA MINOLTA’S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Export Restrictions
THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF THE SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT OR RE-EXPORT THE SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT THE SOFTWARE AND DOCUMENTATION UNLESS YOU ARE IN COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.
Termination
This License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by destroying or returning to Konica Minolta all copies of the Software and Documentation in your possession or under your control. Konica Minolta may terminate this License Agreement for any reason, including, but not limited to, if Konica Minolta finds that you have violated any of the terms of this License Agreement. Upon notification of termination, you agree to destroy or return to Konica Minolta all copies of the Software and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Software License Agreement.
General
This License Agreement shall be construed, interpreted and governed by the laws of the State of New Jersey without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate federal or state court sitting in New Jersey, USA. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties.
11.Notice to U.S. Government End Users
The Licensed Articles qualify as “commercial items,” as that term is defined at Federal Acquisition Regulation (“FAR”) (48 C.F.R.) 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which this Agreement may be incorporated, or if this Agreement is direct, Government end user will acquire the Licensed Articles with only those rights set forth in this Agreement. Use of either the Licensed Articles constitutes agreement by the Government that the Licensed Articles are “commercial computer software” and/or “commercial computer software documentation,” and constitutes acceptance of the rights and restrictions herein. The manufacturer is: Konica Minolta Business Solutions U.S.A., Inc., 101 Williams Drive, Ramsey, NJ 07446, U.S.A.
12.Conflict
This License Agreement has been translated into several languages for your convenience. Should any provision of a translated version of this License Agreement conflict with a provision of the English version of this License Agreement, the provisions of the English version shall prevail.
13.Trademark Acknowledgements
KONICA MINOLTA, the KONICA MINOLTA logo, the symbol mark, and “The essentials of imaging” are registered trademarks of KONICA MINOLTA INC.