Contents of /licenses/kyocera-mita-ppds

Please read the terms and conditions of this license agreement carefully. This
is a legally binding license agreement between you (the "user" meaning either
an individual or a single entity) and Kyocera Mita. By using this software
("Software") you indicate your acceptance of the following Software License
Agreement granting a non-exclusive license.


**1. Property Rights

The Software is protected by national and international copyright laws and
international treaty provisions. The Software is owned and copyrighted by
Kyocera Mita. Your license does not confer any title to, or ownership in the
Software. No rights of any kind in the Software are transferred. The use of
the Software is subject to the license terms in this agreement.


**2. Use of Software**


Kyocera Mita grants the user a license to use one copy of the Software on one
or more computers connected to an original ?Kyocera Mita? printer, copier or
multifunctional device. Use means any permanent or temporary use of the
Software and includes the storing, loading, installing, executing or
displaying of the Software or the processing of any data contained therein.
The Software may not be used on any other hardware unless such use is granted
by a seperate license agreement.


**3. Rights to copy Software**


(1) The user may only copy the Software where this is essential to usage. This
includes the installation and loading of the Software into the temporary
memory (i.e. RAM).


(2) The user may make and store one back-up copy if this is necessary for
securing later use. The copy must be marked as such. If the Software is used
in the course of business and if routine back-up copies of all data including
the Software are made for the purposes of securing data and ensuring that the
computer system can be reactivated quickly after a breakdown, only so many
back-up copies may be made as are asbolutely essential. They may be used for
archival purposes only!


(3) The user may not make any further copies.


(4) The user may not decompile the Software except and only to the extent that
such activity is expressivly permitted by law. The user may not alter any
brand names, serial numbers or other characteristics identifying the Software
or any other legal information.


**4. Transfer of Software**


(1) The license will automatically terminate upon any transfer of the Software
to a third party. The transferee will be regarded as user in the meaning of
this contract.


(2) The Software may only be transferred if the transferee accepts the terms
and conditions of this license agreement. The user is obliged to inform the
transferee of these terms and conditions. If the user does not have a copy of
this contract, he may obtain a new one from Kyocera Mita Mita at his own
expenses.


(3) Upon transfer the user must immediately destroy any copies of the Software
or parts thereof including any changed or modified copies or parts thereof.
This also applies to any back-up copies.


(4) The user may not rent, lease or subdivide any rights granted by this
license or transfer or grant sublicenses unless explicitely allowed in this
contract.


**5. Warranty**


(1) Kyocera Mita?s liability is limited to original Software.


(2) Kyocera Mita, however, has taken all possible care to produce the Software
that, at the time of downloading, is free from defects and fit for its
particular purpose. In the unlikely event of any deficencies Kyocera Mita will
remedy the fault within a warranty period of six months. Kyocera Mita may at
its sole discretion either remedy the fault free of charge or provide a
replacement.


(3) The warranty period starts upon the download of the Software.


(4) If a remedy of the fault is impossible within an appropriate period of
time or the remedy or the replacement is regarded as ineffective, the user may
claim a reduction of the purchase price or the recission of the contract. The
remedy or the replacement can only regarded as ineffective if Kyocera Mita had
sufficient opportunity to remedy the fault and this proves impossible or
otherwise unreasonable.


(5) The warranty is null and void if the Software has been misused, used for
the wrong purpose or used in defective hardware.


(6) Faults must not be remedied by third parties. In this case Kyocera Mita
may either rescind the contract or provide a copy of the newest version of the
program. This does not imply any prolongation of the warranty period.


(7) Kyocera Mita is not liable for any faults caused during downloading.


**6. Limitation of warranty**


(1) Software is used at the user's own risk. Kyocera Mita is only liable for
any faults caused by gross negligence or intentional acts by Kyocera Mita.


(2) Kyocera Mita?s liability is limited to the purchase price.


(3) Any liablility for loss of data is limited to those expenses which would
normaly be incurred in retrieving data if risk-appropriate back-up copies had
been made on a regular basis but, in any case, not exceeding the limit
specified in paragh 6, sub-paragh 2.


(4) Any liability under the european laws concerning product Liability are not
limited by this contract.


**7. Exclusion of liability**


Kyocera Mita is not liable for any consequential damages, loss of profit or
any other loss whatsoever resulting from defects in the programm even if
Kyocera Mita has been advised thereof. This limitation of the warranty applies
to all damages of any kind.


**8. Obligations to examine and to notify**


(1) The user is obliged to examine the Software for any evident faults. An
evident fault means a fault obvious to the average user. Unless Kyocera Mita
is notified of such faults within 14 days of downloading the Software, the
warranty will expire.


(2) Kyocera Mita has to be informed of any other fault within fourteen days of
its discovery.


(3) This license does not effect any further obligations of the user normally
owed in the course of business.


(4) If this obligation is violated, the user will be deemed to have accepted
the Software as faultless.


**9. No other applicable agreements, written form**


(1) This license governs the contractual relation between Kyocera Mita and the
user with regards to the contractual obligation established by this license.
There are no further agreements. Any prior contracts or agreements are null
and void upon acceptance of this license.


(2) Any alteration of this license must be made in writing. Any alteration of
this clause must also be made in writing.


**10. Confidentiality**


(1) The user is obliged to the best of his abilities to take all reasonable
measures to prevent any unauthorized persons from obtaining access to, or
making any copy of, or otherwise disclosing any information regarding of the
Software.


(2) It is agreed that any information obtained in the course of the contract
which could be used in the development, manufacture or sale of any Software or
for the infringement of any copyright laws shall be kept confidential.


**11. Miscellaneous**


(1) Any notification to Kyocera Mita shall be made in writing to the following
address:


KYOCERA MITA EUROPE B.V.

HOEKSTEEN 40

2132 HOOFDORP, THE NETHERLANDS


(2) All relations between KYOCERA MITA and the customer shall be deemed to
have been fully governed by and construed in accordance with the laws of the
Netherlands, the application of the Vienna Convention on Contracts for the
International Sale of Goods (CISG) being excluded.


(3) All disputes arising in connection with this warranty shall be finally
settled by the competent court in Amsterdam, the Netherlands, as far as
legally permitted.


(4) The purpose of heading in these warranty terms is merely to provided
better orientation. They are not significant for interpreting the warranty
terms.


(4) If one or more stipulations of this warranty are entirely or partially
invalid, or if they become partially or entirely invalid, this will not affect
the validity of the remaining stipulations. The stipulations which have become
invalid shall be replaced by legally valid regulations, which most closely
approximates the intent of the invalid stipulation.
1	Please read the terms and conditions of this license agreement carefully. This
2	is a legally binding license agreement between you (the "user" meaning either
3	an individual or a single entity) and Kyocera Mita. By using this software
4	("Software") you indicate your acceptance of the following Software License
5	Agreement granting a non-exclusive license.
6
7
8	**1. Property Rights
9
10	The Software is protected by national and international copyright laws and
11	international treaty provisions. The Software is owned and copyrighted by
12	Kyocera Mita. Your license does not confer any title to, or ownership in the
13	Software. No rights of any kind in the Software are transferred. The use of
14	the Software is subject to the license terms in this agreement.
15
16
17	2. Use of Software
18
19
20	Kyocera Mita grants the user a license to use one copy of the Software on one
21	or more computers connected to an original ?Kyocera Mita? printer, copier or
22	multifunctional device. Use means any permanent or temporary use of the
23	Software and includes the storing, loading, installing, executing or
24	displaying of the Software or the processing of any data contained therein.
25	The Software may not be used on any other hardware unless such use is granted
26	by a seperate license agreement.
27
28
29	3. Rights to copy Software
30
31
32	(1) The user may only copy the Software where this is essential to usage. This
33	includes the installation and loading of the Software into the temporary
34	memory (i.e. RAM).
35
36
37	(2) The user may make and store one back-up copy if this is necessary for
38	securing later use. The copy must be marked as such. If the Software is used
39	in the course of business and if routine back-up copies of all data including
40	the Software are made for the purposes of securing data and ensuring that the
41	computer system can be reactivated quickly after a breakdown, only so many
42	back-up copies may be made as are asbolutely essential. They may be used for
43	archival purposes only!
44
45
46	(3) The user may not make any further copies.
47
48
49	(4) The user may not decompile the Software except and only to the extent that
50	such activity is expressivly permitted by law. The user may not alter any
51	brand names, serial numbers or other characteristics identifying the Software
52	or any other legal information.
53
54
55	4. Transfer of Software
56
57
58	(1) The license will automatically terminate upon any transfer of the Software
59	to a third party. The transferee will be regarded as user in the meaning of
60	this contract.
61
62
63	(2) The Software may only be transferred if the transferee accepts the terms
64	and conditions of this license agreement. The user is obliged to inform the
65	transferee of these terms and conditions. If the user does not have a copy of
66	this contract, he may obtain a new one from Kyocera Mita Mita at his own
67	expenses.
68
69
70	(3) Upon transfer the user must immediately destroy any copies of the Software
71	or parts thereof including any changed or modified copies or parts thereof.
72	This also applies to any back-up copies.
73
74
75	(4) The user may not rent, lease or subdivide any rights granted by this
76	license or transfer or grant sublicenses unless explicitely allowed in this
77	contract.
78
79
80	5. Warranty
81
82
83	(1) Kyocera Mita?s liability is limited to original Software.
84
85
86	(2) Kyocera Mita, however, has taken all possible care to produce the Software
87	that, at the time of downloading, is free from defects and fit for its
88	particular purpose. In the unlikely event of any deficencies Kyocera Mita will
89	remedy the fault within a warranty period of six months. Kyocera Mita may at
90	its sole discretion either remedy the fault free of charge or provide a
91	replacement.
92
93
94	(3) The warranty period starts upon the download of the Software.
95
96
97	(4) If a remedy of the fault is impossible within an appropriate period of
98	time or the remedy or the replacement is regarded as ineffective, the user may
99	claim a reduction of the purchase price or the recission of the contract. The
100	remedy or the replacement can only regarded as ineffective if Kyocera Mita had
101	sufficient opportunity to remedy the fault and this proves impossible or
102	otherwise unreasonable.
103
104
105	(5) The warranty is null and void if the Software has been misused, used for
106	the wrong purpose or used in defective hardware.
107
108
109	(6) Faults must not be remedied by third parties. In this case Kyocera Mita
110	may either rescind the contract or provide a copy of the newest version of the
111	program. This does not imply any prolongation of the warranty period.
112
113
114	(7) Kyocera Mita is not liable for any faults caused during downloading.
115
116
117	6. Limitation of warranty
118
119
120	(1) Software is used at the user's own risk. Kyocera Mita is only liable for
121	any faults caused by gross negligence or intentional acts by Kyocera Mita.
122
123
124	(2) Kyocera Mita?s liability is limited to the purchase price.
125
126
127	(3) Any liablility for loss of data is limited to those expenses which would
128	normaly be incurred in retrieving data if risk-appropriate back-up copies had
129	been made on a regular basis but, in any case, not exceeding the limit
130	specified in paragh 6, sub-paragh 2.
131
132
133	(4) Any liability under the european laws concerning product Liability are not
134	limited by this contract.
135
136
137	7. Exclusion of liability
138
139
140	Kyocera Mita is not liable for any consequential damages, loss of profit or
141	any other loss whatsoever resulting from defects in the programm even if
142	Kyocera Mita has been advised thereof. This limitation of the warranty applies
143	to all damages of any kind.
144
145
146	8. Obligations to examine and to notify
147
148
149	(1) The user is obliged to examine the Software for any evident faults. An
150	evident fault means a fault obvious to the average user. Unless Kyocera Mita
151	is notified of such faults within 14 days of downloading the Software, the
152	warranty will expire.
153
154
155	(2) Kyocera Mita has to be informed of any other fault within fourteen days of
156	its discovery.
157
158
159	(3) This license does not effect any further obligations of the user normally
160	owed in the course of business.
161
162
163	(4) If this obligation is violated, the user will be deemed to have accepted
164	the Software as faultless.
165
166
167	9. No other applicable agreements, written form
168
169
170	(1) This license governs the contractual relation between Kyocera Mita and the
171	user with regards to the contractual obligation established by this license.
172	There are no further agreements. Any prior contracts or agreements are null
173	and void upon acceptance of this license.
174
175
176	(2) Any alteration of this license must be made in writing. Any alteration of
177	this clause must also be made in writing.
178
179
180	10. Confidentiality
181
182
183	(1) The user is obliged to the best of his abilities to take all reasonable
184	measures to prevent any unauthorized persons from obtaining access to, or
185	making any copy of, or otherwise disclosing any information regarding of the
186	Software.
187
188
189	(2) It is agreed that any information obtained in the course of the contract
190	which could be used in the development, manufacture or sale of any Software or
191	for the infringement of any copyright laws shall be kept confidential.
192
193
194	11. Miscellaneous
195
196
197	(1) Any notification to Kyocera Mita shall be made in writing to the following
198	address:
199
200
201	KYOCERA MITA EUROPE B.V.
202
203	HOEKSTEEN 40
204
205	2132 HOOFDORP, THE NETHERLANDS
206
207
208
209	(2) All relations between KYOCERA MITA and the customer shall be deemed to
210	have been fully governed by and construed in accordance with the laws of the
211	Netherlands, the application of the Vienna Convention on Contracts for the
212	International Sale of Goods (CISG) being excluded.
213
214
215	(3) All disputes arising in connection with this warranty shall be finally
216	settled by the competent court in Amsterdam, the Netherlands, as far as
217	legally permitted.
218
219
220	(4) The purpose of heading in these warranty terms is merely to provided
221	better orientation. They are not significant for interpreting the warranty
222	terms.
223
224
225	(4) If one or more stipulations of this warranty are entirely or partially
226	invalid, or if they become partially or entirely invalid, this will not affect
227	the validity of the remaining stipulations. The stipulations which have become
228	invalid shall be replaced by legally valid regulations, which most closely
229	approximates the intent of the invalid stipulation.