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230 lines
8.0 KiB
230 lines
8.0 KiB
Please read the terms and conditions of this license agreement carefully. This
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is a legally binding license agreement between you (the "user" meaning either
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an individual or a single entity) and Kyocera Mita. By using this software
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("Software") you indicate your acceptance of the following Software License
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Agreement granting a non-exclusive license.
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**1. Property Rights
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The Software is protected by national and international copyright laws and
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international treaty provisions. The Software is owned and copyrighted by
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Kyocera Mita. Your license does not confer any title to, or ownership in the
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Software. No rights of any kind in the Software are transferred. The use of
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the Software is subject to the license terms in this agreement.
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**2. Use of Software**
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Kyocera Mita grants the user a license to use one copy of the Software on one
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or more computers connected to an original ?Kyocera Mita? printer, copier or
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multifunctional device. Use means any permanent or temporary use of the
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Software and includes the storing, loading, installing, executing or
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displaying of the Software or the processing of any data contained therein.
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The Software may not be used on any other hardware unless such use is granted
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by a seperate license agreement.
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**3. Rights to copy Software**
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(1) The user may only copy the Software where this is essential to usage. This
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includes the installation and loading of the Software into the temporary
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memory (i.e. RAM).
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(2) The user may make and store one back-up copy if this is necessary for
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securing later use. The copy must be marked as such. If the Software is used
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in the course of business and if routine back-up copies of all data including
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the Software are made for the purposes of securing data and ensuring that the
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computer system can be reactivated quickly after a breakdown, only so many
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back-up copies may be made as are asbolutely essential. They may be used for
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archival purposes only!
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(3) The user may not make any further copies.
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(4) The user may not decompile the Software except and only to the extent that
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such activity is expressivly permitted by law. The user may not alter any
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brand names, serial numbers or other characteristics identifying the Software
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or any other legal information.
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**4. Transfer of Software**
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(1) The license will automatically terminate upon any transfer of the Software
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to a third party. The transferee will be regarded as user in the meaning of
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this contract.
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(2) The Software may only be transferred if the transferee accepts the terms
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and conditions of this license agreement. The user is obliged to inform the
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transferee of these terms and conditions. If the user does not have a copy of
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this contract, he may obtain a new one from Kyocera Mita Mita at his own
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expenses.
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(3) Upon transfer the user must immediately destroy any copies of the Software
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or parts thereof including any changed or modified copies or parts thereof.
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This also applies to any back-up copies.
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(4) The user may not rent, lease or subdivide any rights granted by this
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license or transfer or grant sublicenses unless explicitely allowed in this
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contract.
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**5. Warranty**
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(1) Kyocera Mita?s liability is limited to original Software.
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(2) Kyocera Mita, however, has taken all possible care to produce the Software
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that, at the time of downloading, is free from defects and fit for its
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particular purpose. In the unlikely event of any deficencies Kyocera Mita will
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remedy the fault within a warranty period of six months. Kyocera Mita may at
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its sole discretion either remedy the fault free of charge or provide a
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replacement.
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(3) The warranty period starts upon the download of the Software.
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(4) If a remedy of the fault is impossible within an appropriate period of
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time or the remedy or the replacement is regarded as ineffective, the user may
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claim a reduction of the purchase price or the recission of the contract. The
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remedy or the replacement can only regarded as ineffective if Kyocera Mita had
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sufficient opportunity to remedy the fault and this proves impossible or
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otherwise unreasonable.
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(5) The warranty is null and void if the Software has been misused, used for
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the wrong purpose or used in defective hardware.
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(6) Faults must not be remedied by third parties. In this case Kyocera Mita
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may either rescind the contract or provide a copy of the newest version of the
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program. This does not imply any prolongation of the warranty period.
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(7) Kyocera Mita is not liable for any faults caused during downloading.
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**6. Limitation of warranty**
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(1) Software is used at the user's own risk. Kyocera Mita is only liable for
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any faults caused by gross negligence or intentional acts by Kyocera Mita.
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(2) Kyocera Mita?s liability is limited to the purchase price.
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(3) Any liablility for loss of data is limited to those expenses which would
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normaly be incurred in retrieving data if risk-appropriate back-up copies had
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been made on a regular basis but, in any case, not exceeding the limit
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specified in paragh 6, sub-paragh 2.
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(4) Any liability under the european laws concerning product Liability are not
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limited by this contract.
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**7. Exclusion of liability**
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Kyocera Mita is not liable for any consequential damages, loss of profit or
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any other loss whatsoever resulting from defects in the programm even if
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Kyocera Mita has been advised thereof. This limitation of the warranty applies
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to all damages of any kind.
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**8. Obligations to examine and to notify**
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(1) The user is obliged to examine the Software for any evident faults. An
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evident fault means a fault obvious to the average user. Unless Kyocera Mita
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is notified of such faults within 14 days of downloading the Software, the
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warranty will expire.
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(2) Kyocera Mita has to be informed of any other fault within fourteen days of
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its discovery.
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(3) This license does not effect any further obligations of the user normally
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owed in the course of business.
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(4) If this obligation is violated, the user will be deemed to have accepted
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the Software as faultless.
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**9. No other applicable agreements, written form**
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(1) This license governs the contractual relation between Kyocera Mita and the
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user with regards to the contractual obligation established by this license.
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There are no further agreements. Any prior contracts or agreements are null
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and void upon acceptance of this license.
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(2) Any alteration of this license must be made in writing. Any alteration of
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this clause must also be made in writing.
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**10. Confidentiality**
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(1) The user is obliged to the best of his abilities to take all reasonable
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measures to prevent any unauthorized persons from obtaining access to, or
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making any copy of, or otherwise disclosing any information regarding of the
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Software.
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(2) It is agreed that any information obtained in the course of the contract
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which could be used in the development, manufacture or sale of any Software or
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for the infringement of any copyright laws shall be kept confidential.
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**11. Miscellaneous**
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(1) Any notification to Kyocera Mita shall be made in writing to the following
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address:
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KYOCERA MITA EUROPE B.V.
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HOEKSTEEN 40
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2132 HOOFDORP, THE NETHERLANDS
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(2) All relations between KYOCERA MITA and the customer shall be deemed to
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have been fully governed by and construed in accordance with the laws of the
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Netherlands, the application of the Vienna Convention on Contracts for the
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International Sale of Goods (CISG) being excluded.
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(3) All disputes arising in connection with this warranty shall be finally
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settled by the competent court in Amsterdam, the Netherlands, as far as
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legally permitted.
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(4) The purpose of heading in these warranty terms is merely to provided
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better orientation. They are not significant for interpreting the warranty
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terms.
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(4) If one or more stipulations of this warranty are entirely or partially
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invalid, or if they become partially or entirely invalid, this will not affect
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the validity of the remaining stipulations. The stipulations which have become
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invalid shall be replaced by legally valid regulations, which most closely
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approximates the intent of the invalid stipulation.
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