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Revision 1.1 - (show annotations) (download)
Wed Jan 26 12:40:30 2011 UTC (3 years, 8 months ago) by flameeyes
Branch: MAIN
CVS Tags: HEAD
Add license for kyocera-mita-ppds.

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.

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