END-USER LICENSE AGREEMENT FOR Konica Minolta PR-6500

IMPORTANT-READ CAREFULLY: Be sure to carefully read and understand all of the rights and restrictions described in this Konica Minolta End-User License Agreement ("EULA").  You will be asked to review and either accept or not accept the terms of the EULA.  This software will not install on your computer unless you accept the terms of this EULA.  Your click of the "Yes" button is a symbol of your signature that you accept the terms of the EULA. 

This EULA is a legal agreement between you (either an individual or a single entity) and Konica Minolta Business Technologies, Inc. ("KONICA MINOLTA") the Konica Minolta PR-6500 software accompanying this EULA, which includes computer software and may include associated media, printed materials, and any "online" or electronic documentation ("SOFTWARE").  By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA.  If you do not agree to the terms of this EULA, you may not install or use the SOFTWARE.



COPYRIGHT  

All titles and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are respectively owned by KONICA MINOLTA or its suppliers.  All title and intellectual property rights in and to the content that is not contained in the SOFTWARE, but may be accessed through use of the SOFTWARE, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.  This EULA grants you no rights to use such content.  If this SOFTWARE contains documentation which is provided only in electronic form, you may print one copy of such electronic documentation.  You may not copy the printed materials accompanying the SOFTWARE.  Konica Minolta, PR-6500, KONICA MINOLTA logo and PR-6500 logo are trademarks of Konica Minolta Business Technologies, Inc. and/or its associated worldwide subsidiaries.

The SOFTWARE contains Typefaces from Agfa Division, Bayer Corporation.

Other company names, logos, product and service brand names are trademarks or registered trademarks of their respective holders.  

SOFTWARE PRODUCT LICENSE

- GRANT OF LICENSE. KONICA MINOLTA grants to you a non-exclusive license to use the SOFTWARE included in this installer program that the SOFTWARE is used only in connection with the Konica Minolta PR-6500 product you have purchased, subject to the terms and restrictions set forth in this Agreement.
 

- Software.  You may install and use the SOFTWARE on one or more computers solely in connection with the Konica Minolta PR-6500 product.

- Network.  You may use the Software on a network, provided that each person is accessing the Software through the network and each one must have a licensed copy.

- Copy.  You may copy the SOFTWRE solely for backup purposes, provided each copy maintains all copyright notices or other proprietary notices on all copies of the SOFTWARE. 

- Reservation of Rights.  All rights not expressly granted are reserved by KONICA MINOLTA.  

- Accessing Services Using the SOFTWARE.  Your use of any service accessible using the SOFTWARE is not covered by this EULA and may be governed by separate terms of use, conditions or notices.  

RESTRICTIONS

Notwithstanding any provisions in this agreement to the contrary, you may:

- Not allow other individual or entity to use the SOFTWARE without the proper license.

- Not modify, transfer, reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.  

- Not distribute any portion of the SOFTWARE or any derivative of any portion of the SOFTWARE in a software development product or otherwise in competition with KONICA MINOLTA or its distribution of the SOFTWARE.

- Not rent, lease, lend, or transfer ownership of the SOFTWARE. 

- Not remove all copyright notices on all copies of the SOFTWARE. 

TERMINATION

Without prejudice to any other rights, KONICA MINOLTA may terminate this EULA if you fail to comply with the terms and conditions of this EULA.  KONICA MINOLTA may terminate this EULA by offering you a superceding EULA for the SOFTWARE or any replacement or modified version of or upgrade to the SOFTWARE and conditioning your continued use of the SOFTWARE or such replacement, modified or upgraded version on your acceptance of such superceding EULA.  In addition, KONICA MINOLTA may terminate this EULA by notifying you that your continued use of the SOFTWARE is prohibited.  In the event that KONICA MINOLTA terminates this EULA, you must immediately stop using the SOFTWARE and destroy all copies of the SOFTWARE and all of its component parts.

TITLE

Title, ownership rights, and intellectual property rights in the SOFTWARE shall remain under the rights of KONICA MINOLTA respectively.  The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.  Title and related rights in the content accessed through the SOFTWARE is the property of the applicable content owner and may be protected by applicable law.  This license does not give you any rights in any form to such content.   

DISCLAIMER OF WARRANTIES 

The SOFTWARE and accompanying written materials (including instructions for use) are provided "AS IS".  KONICA MINOLTA does not warrant, guarantee or make any representations regarding the use, or the results of the use, of the SOFTWARE or written materials in terms of correctness, accuracy, reliability, current, or otherwise.  KONICA MINOLTA does not warrant that the SOFTWARE will meet your requirements, that operation of the SOFTWARE will be uninterrupted or error-free, or that all SOFTWARE errors will be corrected.  KONICA MINOLTA will have no responsibility to replace or refund the license fee for media damaged by accident, abuse or misapplication.  You assume the entire risk as to the results and performance of the SOFTWARE.  Should the SOFTWARE prove to be defective, you, the end-user, instead of KONICA MINOLTA, will cover all the expenses incurred by servicing or repair work.  

In addition, the security mechanisms implemented by KONICA MINOLTA have inherent limitations, and you must determine whether the SOFTWARE sufficiently meets your requirements.  This Disclaimer of Warranties constitutes an essential and integral part of the agreement.  SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL KONICA MINOLTA OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATIONS, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.  UNDER ANY EVENT KONICA MINOLTA WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT KONICA MINOLTA RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF KONICA MINOLTA SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.  THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW WHICH PROHIBITS SUCH LIMITATION.  FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. 

HIGH RISK ACTIVITIES

The SOFTWARE is not fault-tolerant and is not designed, manufactured or intended for using or reselling as online control equipment in hazardous environments requiring fail-safe performances, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapon systems, in which the failure of the SOFTWARE could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities").  KONICA MINOLTA and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

ENTIRE AGREEMENT

This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE) is the entire agreement between you and KONICA MINOLTA relating to the SOFTWARE and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE or any other subject matter covered by this EULA.  To the extent the terms of any KONICA MINOLTA policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall prevail.

MISCELLANEOUS

If the SOFTWARE you receive is accompanied by a copy of printed or other forms of "hard-copy" EULA whose terms differ from this electronic EULA, the hard-copy EULA governs the use of the SOFTWARE.  This EULA represents the complete agreement concerning this license and may only be amended by writing agreed upon by both parties.  If any provision of this EULA is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.  This EULA should be governed by the laws of Japan.  
