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The following is a legal agreement between you (both the individual installing the Software and any company or legal entity for which the individual is acting) ("Agreement") and JVC KENWOOD Corporation ("JVCKENWOOD"). Using the downloaded Software indicates your acceptance of these terms and conditions. If you do not agree to all of the terms and conditions of this Agreement, you are not authorized to use the Software and must uninstall it.
JVCKENWOOD may, without notice to you, at any time, revise these terms and conditions.
JVCKENWOOD may also make improvements or changes in the Software described in this Agreement at any time without notice.
"Software" means a screen sharing software named "JVC Portal APP" made available by JVCKENWOOD, and shall include all upgrades provided therefor.
Subject to this Agreement’s restrictions, JVCKENWOOD grants to you a limited, non-exclusive, non-transferable, royalty-free license to use the Software in connection with Car Multimedia that you own or control.
Except as provided herein, you shall not, (a) copy or use the Software except as expressly permitted by this Agreement, (b) transfer, sublicense, rent or lease the Software, (c) modify the Software, or (d) attempt to reverse engineer, decompile or disassemble any portion of the Software.
You acknowledge that you are receiving only a limited license to use the Software, and that you shall obtain no title, ownership nor any other rights in or to the Software. All rights, title and interest in and to all patent, copyright, trademark, trade secret and other intellectual property rights in the Software shall remain with JVCKENWOOD and its licensors.
You acknowledge that JVCKENWOOD has no obligation to provide support, maintenance, upgrades, modifications or new releases for the Software under this Agreement.
Please do not operate the Software or gaze at the display while driving. Such acts are dangerous and could lead to accidents. Be sure to always stop your motor vehicle at a safe location before operating the Software or gazing at the display. JVCKENWOOD shall not be held responsible or liable for any accidents or consequences resulting from such dangerous acts.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND JVCKENWOOD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED SOFTWARE AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF SATISFACTORY QUALITY, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JVCKENWOOD OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE LICENSED SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, IN WHICH CASE THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL JVCKENWOOD OR ITS LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFIT, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF JVCKENWOOD HAS BEEN ADVISED OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITIES FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
You shall not assign or transfer this Agreement without the prior written consent of JVCKENWOOD, and any such assignment, transfer or delegation without such consent shall be void.
You agree that any breach of this Agreement’s provisions would cause JVCKENWOOD irreparable harm for which monetary damages alone would be inadequate. In addition to damages and other remedies to which JVCKENWOOD may be entitled, you agree that JVCKENWOOD may seek injunctive relief to prevent the actual, threatened or continued breach of this Agreement.
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying the Software and all copies thereof. JVCKENWOOD may terminate this Agreement at any time if you fail to comply with any of the provisions of this Agreement. Upon such termination, you agree to destroy the Software and all copies thereof.
You agree not to export or re-export to any country the Software in any form without the appropriate export licenses under the laws and regulations of the country where you reside, and if necessary, re-export licenses under the U.S. or foreign export laws and regulations. You also agree that you shall not make use of the Software for Military Purposes. In this Article, "Military Purposes" shall mean the design, development, manufacture or use of any weapon including without limitation nuclear weapon, biological weapon, chemical weapon and missiles.
This Agreement shall be governed by and construed in accordance with the laws of Japan. You agree that any action related to this Agreement shall be brought in the District Court of Tokyo, Japan.
If any provision of this Agreement is held to be illegal, invalid or otherwise unenforceable, such provision shall be enforced to the extent possible or, if incapable of enforcement, deemed to be severed and deleted from this Agreement, and all remaining provisions of this Agreement shall continue in full force and effect.
This Agreement constitutes the entire agreement between you and JVCKENWOOD concerning the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations. This Agreement may not be modified or amended without JVCKENWOOD’s prior and express written consent, and no other act, document, usage or custom shall be deemed to amend or modify this Agreement.
