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END-USER LICENSE AGREEMENT
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CAREFULLY READ THE LICENSE AGREEMENT BELOW BEFORE OPENING THIS
PACKAGED SOFTWARE. OPENING THIS PACKAGE INDICATES YOUR
ACCEPTANCE OF THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT
AGREE WITH THEM YOU SHOULD PROMPTLY RETURN THE PACKAGE
UNOPENED.
This is a license agreement and not an agreement for sale. Minolta owns, or has been
licensed from other owners, copyrights in the computer programs ("Software"). You
obtain no rights to the intellectual property in the Software other than the license granted
to you regarding the Software under this agreement. The title to the enclosed copy of the
copy the Software and any copy made from it is retained by Minolta or such other
owners.
1. LICENSE
You may:
(1) install and use the Software on only one computer at any one time.
(2) make a copy of the Software for backup or installation purposes only in support of the
normal and intended use of the Software.
(3) transfer possession of copies of the Software to another party by transferring a copy
of this Agreement and all other documentation along with at least one complete unaltered
copy of the Software, provided that (i) you must, at the same time, either transfer to such
other party or destroy all your other copies of the Software. (ii) Such transfer of
possession terminates your license from Minolta, and (iii) such other party shall accept
and be bound by these license terms by their initial use of the Software.
2. RESTRICTIONS
You shall not without the written consent of Minolta:
(1) use, copy, modify, merge or transfer copies of the Software except as provided
herein.
(2) reverse assemble or reverse compile the Software except as permitted by law; or
(3) sublicense, rent, lease or distribute the Software or any copy thereof.
3. LIMITED WARRANTY
Minolta warrants the media on which the Software is recorded to be free from defects in
materials and workmanship under normal use. Warranty details and limitations for the
Software are described in the Statement of Limited Warranty which is supplied with the
hardware. With the exception of the foregoing express warranties applicable to hardware
and media only, the Software is not warranted and is provided "AS IS".
SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. LIMITATION OF REMEDIES
In no event will Minolta be liable for any lost profits, lost saving, or any incidental
damages that result from the use or inability to use the Software, even if Minolta or its
Authorized remarketers have been advised of the possibility of such damages or for any
claim by you based on a third party claim.
5. TERMINATION
You may terminate your license at any time by destroying the Software and all your
copies of it or as otherwise described in these terms. Minolta may terminate your license
if you fail to comply with these terms. Upon such termination, you agree to destroy all
your copies of the Software.
6. GOVERNING LAW
This Agreement shall be governed by the laws of the country where the delivery is made
to the original customer.
7. GOVERNMENT END USERS
If you are acquiring the Software on behalf of any unit or agency of the United States
Government, the following provisions apply. The Government agrees: (i) if the Software
is supplied to the Department of Defense (DoD), the Software is classified as
"Commercial Computer Software" and the Government is acquiring only "restricted right"
in the Software as that term is defined in Clause 252.227.7013(c)(1) of the DFARS; and
(ii) if the Software is supplied to any unit or agency of the United States Government
other than DoD, the Government's rights in the Software will be as defined in Clause
52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the
NASA Supplement to FAR.
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