Please read the following SOFTWARE LICENSE AGREEMENT carefully before using this Software. The use of this software shall be subject to the terms of the SOFTWARE LICENSE AGREEMENT below.
SOFTWARE LICENSE AGREEMENT
This SOFTWARE LICENSE AGREEMENT (“Agreement”) constitutes an agreement of license between you and Mimaki Engineering Co., Ltd. (“Mimaki”) with respect to the use of the Software defined in Article 1.2 hereof. Please read this Agreement carefully before using the Software. By using the Software, you are consenting to be bound by the terms of this Agreement, which becomes effective between you and Mimaki. If you do not agree to the terms of this Agreement, do not execute the Software and immediately delete the Software and all copies thereof located in a temporary memory and a hard-disk or other media of your computer.
1. DEFINITION
1.1 “Documentation” shall mean any documentation offered by Mimaki in connection with the Software.
1.2 “Software” shall mean software programs offered by Mimaki accompanying with this Agreement.
1.3 “Licensed Property” shall mean the Software and the Documentation including any updates or upgrades thereof that Mimaki may, at its discretion, deliver to you at any time during the term of this Agreement.
2. LICENSE GRANT
Subject to the observance by you of the terms and conditions of this Agreement, Mimaki hereby grants to you a non-exclusive, non-transferable, non-sublicensable, royalty-free, license to use the Licensed Property solely for your internal use. You may save one (1) copy of the Software as its execution copy on one (1) hard-disk or other media of your computer may operate such execution copy on the computer.
3. RESTRICTIONS
Except as expressly authorized in this Agreement, you shall not, or agree not to enable others to:
(a) copy (except as permitted under this Agreement and for reasonable backup purposes), modify, decompile, reverse engineer, disassemble, or attempt to derive the source code of the Licensed Property in whole or in part; and
(b) rent, lease, distribute, sell, or create derivative works of the Licensed Property.
Any attempt to do so is a violation of the rights of Mimaki. If you breach those restrictions, you may be subject to prosecution and damages.
4. PROPERTY RIGHTS
You shall agree:
(a) that all ownership and intellectual property rights to the Licensed Property shall remain solely with Mimaki.
(b) that the Licensed Property constitute trade secrets and/or copyrighted material of Mimaki.
(c) not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Mimaki.
(d) to implement reasonable security measures to protect such trade secrets and copyrighted material.
5. LIMITED WARRANTY
5.1. THE SOFTWARE IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTY AND YOUR USE THEREOF IS AT YOUR OWN RISK. MIMAKI DOES NOT MAKE AND HEREBY SPECIFICALLY DISCLAIMSANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING UNDER STATUTE OR OTHERWISE IN LAW. MIMAKI DOES NOT WARRANT THAT THE LICENSED PROPERTY IS ACCURATE OR WILL MEET YOUR REQUIREMENTS, WILL OPERATE IN ANY CONFIGURATION THAT MAY BE SELECTED FOR USE BY YOUR OR IN COMBINATION WITH OTHER SOFTWARE, OR WILL OPERATE UNINTERRUPTED OR ERROR FREE. FURTHERMORE, MIMAKI DOES NOT WARRANT THAT ANY SOFTWARE ERRORS, DEFECTS OR INEFFICIENCIES WILL BE CORRECTED NOR DOES MIMAKI ASSUME ANY LIABILITY FOR FAILURE TO CORRECT ANY SUCH ERROR, DEFECT OR INEFFICIENCY. MIMAKI MAKES NO WARRANTY, AND YOU ASSUME THE ENTIRE RISK, AS TO THE INTEGRITY OF ANY DATA, CAPABILITIES, SUITABILITY, USE, OR PERFORMANCE OF THE LICENSED PROPERTY. IN NO EVENT SHALL MIMAKI BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM OR RELATED TO THE USE OR PERFORMANCE OF THE LICENSED PROPERTY.
5.2. If you are a consumer residing in Germany, Mimaki is fully liable
(a) in case of malicious intent or gross negligence;
(b) in case life, physical condition or health are injured;
(c) according to the Product Liability Act (Germany); and
(d) to the extent Mimaki has provided a guarantee.
5.2.1 In case of minor negligence in carrying out a duty, which is relevant to achieve the purpose of this Agreement, Mimaki’s liability is limited to the damage amount, which is foreseeable and typical for the type of act in question.
5.2.2 Mimaki is not liable beyond the above extent.
5.2.3 The above limitation of liability also applies to the personal liability of Mimaki’s employees and representatives.
6. Personal Information
Mimaki may collect a certain kind of Personal Information (it means any information about an individual from which that person can be identified, including but not limited to your email address and IP addresses of personal computers to be used by you) in the performance of this Agreement. Please refer to the Mimaki Privacy Policy (https://mimaki.com/privacy.html) for the handling of your Personal Information by Mimaki.
7. TERM AND TERMINATION
7.1 This Agreement shall remain in full force and effect from the time you start using the Software unless terminated pursuant to Sections 7.2 or 7.3.
7.2 Mimaki may immediately terminate this Agreement and all rights granted hereunder at any time with or without any cause without providing prior written notice of its intent to do so.
7.3 You may terminate this Agreement at any time by destroying the Licensed Property (including all copies thereof).
7.4 Immediately upon any termination, cancellation or expiration of this Agreement or of any other rights granted hereunder for any reason:
(a) all rights and licenses granted to you under this Agreement shall cease and terminate and you shall have no right thereafter to use, and shall cease the use of, the Licensed Property or any portion thereof; and
(b) you shall destroy the Licensed Property (including all copies thereof).
7.5 The provisions of Sections 3 through 5 of this Agreement shall survive the termination, cancellation or expiration of this Agreement for any reason.