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IMPORTANT
If you do not agree to the terms of this Software License Agreement
("Agreement"), you may not use this software.
Please read this Agreement carefully before using the software and
accompanying documentation contained in the storage media ("Licensed
Software"). By installing the Licensed Software, you are indicating your
acceptance of these terms and conditions and this Agreement is deemed
effective between you ("Licensee") and Oki Data Corporation ("Licensor").
1. Scope of the license
Licensor grants, and Licensee accepts, a non-exclusive license to
install the Licensed Software on multiple computers which are directly
or through network connected to Licensor's printer product or MFP
purchased by Licensee ("Product") and to use the Licensed Software
solely in conjunction with Product. Licensee may make one copy of the
Licensed Software only for backup purpose. Any copies of the Licensed
Software that Licensee is permitted to make herein must contain the same
copyright and other proprietary notices that appear on or in Licensed
Software. Other than that, Licensee agrees not to make copies,
reproduce, or allow anyone to make copies or reproduce, the Licensed
Software, in whole or in part.
2. Ownership and Restriction
(1) Licensor or its suppliers own all the copyright and proprietary
rights in and to the Licensed Software. The structure, organization and
code contained in Licensed Software are the valuable trade secrets of
Licensor and its suppliers. Licensed Software is also protected by
United States Copyright Law and International Treaty provisions.
Licensee must treat the Licensed Software just as Licensee would treat
any other copyrighted material, such as a book.
(2) Except as stated in Section 1, Licensee may not make copies rent,
lease, distribute, transfer or reprint the Licensed Software, in whole
or in part.
(3) Licensee agrees not to modify, alter, translate, reverse engineer,
decompile or disassemble the Licensed Software.
(4) Licensee agrees not to change the file names for the Licensed Software.
(5) Except as stated in this Agreement, Licensor does not grant Licensee
any intellectual property rights in or to the Licensed Software.
3. Term and Termination
(1) This Agreement is effective until terminated.
(2) The Agreement will also terminate where Licensee chooses to
terminate it by destroying the Licensed Software and its documentation
together with all copies.
(3) Licensor may terminate this Agreement if Licensee fails to comply
with any of the terms and conditions of this Agreement. Upon
termination, Licensee shall destroy Licensed Software and its copies in
Licensee's possession and control.
4. Warranty
THE LICENSED SOFTWARE IS PROVIDED "AS IS". NEITHER LICENSOR NOR ITS
SUPPLIERS WARRANT THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE
UNINTERRUPTED, ERROR FREE, OR WILL MEET LICENSEE'S NEEDS. LICENSOR AND
ITS SUPPLIERS MAKE NO WARRANTY, EXPRESS OR IMPLIED, AS TO
NON-INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS, MERCHANTABILITY, OR
FITNESS FOR ANY PARTICULAR PURPOSE.
5. Disclaimer of Liability
IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE TO LICENSEE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF
SAVINGS, OR LOSS OF DATA, EVEN IF LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE NOR FOR ANY CLAIM BY ANY THIRD PARTY(IES) IN
ANY WAY ARISING OUT OF OR RELATING TO THE LICENSED SOFTWARE, WHETHER THE
CLAIM ALLEGES TORTIOUS CONDUCT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE) OR ANY OTHER LEGAL THEORY, OR FOR ANY CLAIM BY ANY THIRD PARTY.
6. Governing Law
The license with respect to the Licensed Software will be governed by
the laws in force in Japan.
7. Severability
If any part of this Agreement is found void and unenforceable, it will
not affect the validity of the balance of the Agreement, which shall
remain valid and enforceable according to its terms.
8. Export Restriction
Licensee agrees that the Licensed Software will not be shipped,
transferred, exported or re-exported into any country or used in any
manner prohibited by U.S., Japanese or any other applicable export laws
or regulations. Licensee agrees that it will not export or re-export
the Licensed Software or products produced therefrom in any form without
appropriate U.S., Japanese or any other governmental licenses. This
Agreement shall automatically terminate upon failure by Licensee to
comply with this Section 8.
9. Entire Agreement
Licensee represents that Licensee reads and understands this Agreement
and that this Agreement constitutes the entire understanding and
agreement between Licensor and Licensee as to the license relating to
the Licensed Software, and supersedes and replaces any prior agreement,
written or oral.
The Licensee's obligations in this Agreement constitute the obligations
to Licensor and all owners of the right licensed to Licensee under this
Agreement.
10. Notice to U.S. Government End Users
All Software provided to the U.S. Government pursuant to solicitations
issued on or after December 1, 1995 is provided with the commercial
license rights and restrictions described elsewhere herein. All
Software provided to the U.S. Government pursuant to solicitations
issued prior to December 1, 1995 is provided with "Restricted Rights" as
provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR
252.227-7013 (OCT 1988), as applicable.
"Software" in this section is deemed to be the Licensed Software defined
in this Agreement.
*****
Some of the Licensed Software may include a separate software license
agreement and if you agree to the separate software license agreement,
the terms of such agreement shall prevail for the use of the software.
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