Definition:
This is a legal Agreement between
you and
Panasonic Corporation
(hereinafter called
"The Company") for use of the Licensed Software.
Your acceptance of this Agreement is required to use the Licensed
Software. Please carefully read this
Agreement before using, downloading or installing the Licensed Software.
Your use, downloading or installation of
the Licensed Software shall be conclusively deemed to constitute your acceptance
of the terms of this Agreement. If
you do not agree with this Agreement, do not use, download or install the
Licensed Software.
1. COPYRIGHT
The Company and/or its licenser
have all title and right of the Licensed Software.
The Company has the right to license or
has been granted the right to license the Licensed Software. You acknowledge that you are
receiving only a personal, non-transferable and non-exclusive LIMITED LICENSE TO
USE the Licensed Software and related documentation, if any, in accordance with
the following terms and conditions, and that you shall obtain no title,
ownership nor any other rights in or to the Licensed Software and related
documentation nor in or to the algorithms, concepts, designs and ideas
represented by or incorporated in the Licensed Software and related
documentation, all of which title and rights shall remain with The Company and
its licenser.
2. LICENSE
(1) You have the non-exclusive
rights to use the Licensed Software on your computer(s) provided that the number
of your computer(s) shall be within the Permitted Number.
(2) If the above Server Use
column is "Acceptable", you may install the Licensed Software into a network
server and/or its clients and use the copies of Licensed Software in your
network provided the number of your computer(s) using the Licensed Software
simultaneously shall be within the Permitted Number. If the above Server Use column is
"Not Acceptable", you cannot install the Licensed Software into a network server
and/or its clients and use the copies of Licensed Software in your network.
(3) If the Licensed Software is
software for The Company's hardware product or the system that incorporates the
Company’s hardware (hereinafter called "Product Software". It includes update
version.), you may use the Licensed Software on computer(s) that said The
Company's hardware product or the system is connected to (including a connection
by network) solely for controlling, improving or adding the function of the
Company’s hardware or the system directly or indirectly.
3. RESTRICTION (1) Before you start using the Licensed Software, you must make back-up copies of valuable files in storage apparatus, such as a floppy disk or hard disk, connected to your computer.
(2) You may not make any copies
of the Licensed Software and related documentation, provided, however, that you
may make reasonable quantities of copies of the Licensed Software solely for
backup or archival purposes.
(3) You may not modify or alter
the Licensed Software.
(4) You may not reverse engineer,
decompile or disassemble the Licensed Software, except that in European Union
and European Free Trade Association, you may have the limited right to reverse
engineer, decompile or disassemble the Licensed Software solely to the extent
specifically permitted by the terms and conditions of Article 6 of the European
Community's Directive for the Legal Protection of Computer Programs, OJL 122/42
(17 May 1991). (5) You may not rent or lease the Licensed Software whether with or without charge.
(6) You may not export the Licensed Software in contravention of any
applicable export control laws and regulations.
4. LIMITED WARRANTYoPlainText">
The Licensed
Software is being delivered to you "AS IS". NEITHER THE COMPANY (including The Company's
parent company, affiliate and/or subsidiary, in this Article) NOR ITS LICENSER
MAKES OR PASSES ON TO YOU OR OTHER THIRD PARTY, ANY WARRANTY OR REPRESENTATION
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER THE COMPANY NOR ITS
LICENSER WARRANTS THAT THE LICENSED SOFTWARE WILL BE ERROR-FREE OR THAT IT WILL
MEET YOUR REQUIREMENTS. NEITHER THE
COMPANY NOR ITS LICENSER SHALL BE LIABLE FOR ANY DAMAGE SUFFERED BY YOU
INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES. THE ABOVE LIMITATIONS SHALL
APPLY REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will the Company’s
liability under this Agreement exceed 50 U.S. dollars. The previous limitation
shall apply for all claims in total and for the duration of the Agreement. The
foregoing limit shall not apply in case such limitation shall not be allowed
under the applicable law. The Company shall not be responsible for modifying the
Licensed Software to adapt to your computer system as it is or when you change
an environment, such as operating system or its version-up.
5. The Licensed Software and related documentation are "commercial items", as that is defined at FAR 2.101, consisting of "commercial computer software" and "commercial computer software documentation", as such terms are used in FAR 12.212 and DFARS 227.7202. Consistent with FAR 12.212 or DFARS 227.7202, as applicable, the Licensed Software and related documentation are licensed to U.S. Government end users as a commercial item, with only those rights as are granted to all other end users pursuant to the terms and conditions of this Agreement.
6. ASSIGNMENT
You shall not assign or transfer
its rights or delegate its performance under this Agreement, and any such
assignment, transfer or delegation shall be void.
7. TERM
This license is effective until
terminated. You may terminate this
Agreement at any time by destroying the Licensed Software, related documentation
and all copies thereof. This license
will also terminate if you fail to comply with any term or condition of this
Agreement. Upon such termination,
you agree to destroy the Licensed Software, related documentation and all copies
thereof.
8. SEVERABILITY Nothing contained in this Agreement shall be construed so as to require the commission of any act contrary to statute or law, and whenever there is any conflict between any provisions of this Agreement and any statute or law, contrary to which the parties have no legal right to contract, the latter shall prevail. In such event, however, the provisions of this Agreement affected shall be curtailed and limited only to the extent necessary to bring it within the legal requirements. |