1. Copyright; Ownership
End-User ("You") acknowledge that all copyrights and other intellectual property rights in the Software is owned by JKC and its licensor, and remain vested in JKC and such licensor.
The Software is protected under the copyright law of Japan and other countries, and related Conventions.
2. Grant of License
- (1) Subject to the conditions of the Agreement, JKC grants to You a non-exclusive right to use the Software.
- (2) You may install and use the Software on a HDD or other storage devices incorporated in Your PC.
- (3) You may make a copy of the Software for the back-up and storage purpose only.
- (1) You may not modify, reverse engineer, decompile or disassemble (except to the extent as permitted by the applicable laws) the Software in any manner.
- (2) You may not copy or use Software, in whole or in part, other than as expressly specified in this Agreement.
- (3) You have no right to grant a license to use the Software, and may not distribute, lease or rent the Software to any other person for any purpose.
4. Limited Warranty
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
JKC DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SHOULD THERE BE ANY PROBLEM ARISING FROM OR CAUSED BY THE SOFTWARE, YOU SHOULD SETTLE ALL SUCH PROBLEM AT YOUR OWN COSTS AND RESPONSIBILITIES.
5. Limitation of Liability
JKC WILL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WILL INDEMNIFY AND HOLD HARMLESS JKC FROM ANY LOSS, LIABILITY OR COSTS ARISING OUT OF OR IN ANY WAY CONNECTED TO CLAIMS FROM ANY OTHER PERSONS RELATING TO THE USE OF THE SOFTWARE.
This Agreement will become effective on the date when You download and install the Software onto Your machine, and continue to be in effect until the termination as below.
Should You breach any provision of this Agreement, JKC may terminate this Agreement without giving any notice to You. In this event, JKC may claim against You any damages caused by Your breach. Should this Agreement be terminated, You should immediately destroy the Software stored in Your machine (including the erase from any memory in Your PC), and then will not possess such Software.
7. Export Control
You agree to comply with all applicable international and national laws and regulations regarding export control that apply to the Software.
8. U.S. Government User
If You are an agency of the Government of the United States of America, You acknowledge JKC's representation that the Software is a "Commercial Item" as defined in Federal Acquisition Regulation (FAR) part 2.101 (7) consisting of unpublished "Commercial Computer Software" as those items are used at FAR part 12.212 and is only licensed to You with the same use rights JKC grants all commercial end users pursuant to the terms of this Agreement.
- (1) No modification, change, addition, deletion or other alteration of or to the Agreement will be valid unless reduced to writing and signed by an authorized representative of JKC.
- (2) If any part of the Agreement is held invalid by or in conflict with any law having jurisdiction over this Agreement, the remaining provisions will remain in full force and effect.
- (3) The Agreement shall be governed by and interpreted under the laws of Japan. The Tokyo District Court has jurisdiction over all disputes which may arise with respect to the execution, interpretation and performance of this Agreement.
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