Konica Minolta bizhub PRO 951 bizhub PRO 951 Trademarks/Copyrights Guide - Page 7

1.3 SOFTWARE LICENSE AGREEMENT 1 About This Software PLEASE READ CAREFULLY THE LICENSE AGREEMENT BELOW BEFORE OPENING THE PACKAGE OF THIS SOFTWARE ("SOFTWARE"), DOWNLOADING, INSTALLING OR USING THE SOFTWARE. OPENING THE PACKAGE, OR DOWNLOADING, INSTALLING OR USING THE SOFTWARE SHALL BE DEEMED YOUR LAWFUL ACCEPTANCE OF THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THEM, DO NOT DOWNLOAD, INSTALL, USE THE SOFTWARE, NOR OPEN THE PACKAGE. 1. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS This is a license agreement and not an agreement for sale. Konica Minolta Business Technologies, Inc.("Konica Minolta") owns, or has been licensed from other owners ("Konica Minolta Licensor"), copyrights and other intellectual property rights of the Software, and any and all rights and title to the Software and any copy made from it are retained by Konica Minolta or Konica Minolta Licensor. In no event, this Agreement shall be deemed to assign any copyright and/or any intellectual property rights of the Software from Konica Minolta or Konica Minolta Licensor to you. The Software is protected by copyright laws and international treaty provisions. 2. LICENSE Konica Minolta hereby grant to you a non-exclusive and limited license, and you may: (1) install and use the Software only on your computer(s) connected with Konica Minolta product for which this Software is designed; (2) allow users of the computers described above to use the Software, provided that you assure that all such users comply with the terms of this Agreement; (3) use the Software only for your own customary business or personal purpose; (4) make one copy of the Software only for backup purpose in the support of the normal and intended use of the Software. (5) transfer the Software to other party by transferring a copy of this Agreement and all documentation along with the Software, provided that (a) you must, at the same time, either transfer to such other party or destroy all your other copies of the Software, (b) such transfer of passession terminates your license from Konica Minolta, and (c) you must assure that such other party has agreed to accept the terms and conditions of this Agreement. If such other party does not accept such terms and conditions then you shall not transfer any copy of the Software. 3. RESTRICTIONS (1) You shall not without the written consent of KONICA MINOLTA: (i) use, copy, modify, merge or transfer copies of the Software except as provided herein; (ii) reverse engineer, reverse assemble, reverse compile or any other way analyze the Software; (iii) sublicense, rent, lease or distribute the Software or any copy thereof; or (iv) remove, use, or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. (2) You agree that you will not export the Software in any form in violation of any applicable laws and regulations regarding export control of any country. 4. DISCLAIMER OF WARRANTIES (1) If the Software is furnished on CD-ROM(s) or other tangible object that is used for storage of digital data (hereinafter collectively "Storage Medium"), Konica Minolta warrants the Storage Medium to be free from the defects in material and workmanship under normal use, for a period of ninety (90) days from the date of delivery to you. WITH THE EXCEPTION OF THE FOREGOING EXPRESS WARRANTIES APPLICABLE TO STORAGE MEDIUM ONLY, THE SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES WHATSOEVER. KONICA MINOLTA, ITS AFFILIATE COMPANIES AND KONICA MINOLTA LICENSOR DISCLAIM ALL WARRANTIES WITH REGARD TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. (2) IN NO EVENT WILL KONICA MINOLTA, ITS AFFILIATE COMPANIES NOR KONICA MINOLTA LICENSOR BE LIABLE FOR ANY LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM USE OR INABILITY TO USE THE SOFTWARE INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL OR OTHER DAMAGES OR LOSSES, EVEN IF KONICA MINOLTA, ITS AFFILIATE COMPANIES OR KONICA MINOLTA LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY YOU BASED ON A THIRD SUCH DAMAGES OR FOR ANY CLAIM BY YOU BASED ON A THIRD SUCH DAMAGES OR FOR ANY CLAIM BY YOU BASED ON A THIRD PARTY CLAIM. (3) The disclaimer of warranty hereunder does not affect your statutory rights. In case of the disclaimer bizhub PRO 951 1-6