Software License Agreement
This software (hereinafter "Licensed Software") is either copyrighted or sublicensed by JVCKENWOOD Corporation (hereinafter "Licensor").
This Software License Agreement (hereinafter "Agreement") sets forth the terms of use of Licensed Software by the customer. The customer is entitled to use Licensed Software by agreeing the term of Agreement.
The customer (hereinafter "User") is assumed to have agreed to the terms of Agreement upon unpacking or using Licensed Software, when Agreement shall be deemed to come into effect.
Article 1 General
Licensor shall hereby grants to User a nonexclusive and non-assignable license (with exceptions as specified in Paragraph 1, Article 3).
Article 2 License
- The license on Licensed Software that is granted to User under Agreement shall be to use License Licensed Software on a specific, single personal computer (hereinafter “Specified PC”) for the purpose of using the subject product.
If the subject product is a personal computer, the subject product itself shall be Specified PC.
- Use of Licensed Software shall be limited to a private range and Licensed Software may not be distributed for any purposes whatsoever, whether they will be commercial or not.
- User may not duplicate or copy, or make alterations, such as modifications or additions, to Licensed Software and the associated document in whole or in part.
- User shall agree to use Licensed Software in accordance with the instruction manual or with the instructions found in the help file and may not use, duplicate or otherwise treat Licensed Software in whole or in part in breaches of any provision of the copyright law or any other governing laws and regulations.
Further, User may not allow third parties other than User to use Licensed Software by way of a network connection to Specified PC.
Article 3 Terms of Licensing
- User may assign the subject product to a third party by transferring the license on Licensed Product to said third party under the conditions stipulated in 1) and 2) below.
- 1) Licensed Software (including updates and upgrades to it) and the associated documentation, and all duplications, related materials and the like are transferred to the third party, without User holding these in any way.
- 2) The assignee is bound by the terms of this Software License Agreement.
- User may not make available, export or ship Licensed Software and the associated documentation overseas.
- User may not analyze the source of Licensed Software, as by disassembling or decompiling it.
Article 4 Titles to Licensed Software
All titles to Licensed Software and to the associated documentation, including copyrights, shall remain the property of Licensor or the original right holders (those who grant licenses, sublicenses or the like on Licensed Software to Licensor). User shall not posses any title to Licensed Software and the associated documentation, except for the license granted under Agreement.
Article 5 Licensor’s Disclaimer
- Licensor and the right holders shall disclaim any responsibility for any damages to User or third parties from the exercise of the license granted to User under Agreement, except to the extent permitted by laws to restrict this disclaimer.
- Licensor shall disclaim any warranties of merchantability of Licensed Software, its compatibility or fitness for a particular purpose.
Article 6 Responsibility to Third Parties
If the use of Licensed Software by User has resulted in a dispute arising with third parties for reasons of any infringement on copyrights, patent rights or any other intellectual property rights, User shall resolve the dispute at its own cost by itself and hold Licensor and the original right holders harmless.
Article 7 Secrecy Obligation
User shall keep confidentiality of Licensed Software and information in the associated documentation, and those parts of Agreement that are not publicly known and agree not to disclose or leak these to third parties without prior consent from Licensor.
Article 8 Protection of Copyrights, etc.
In using Licensed Software, User shall abide by the copyright law and all other governing laws and regulations.
Article 9 Cancellation of Agreement
- If User breaches any provision of Agreement, Licensor shall be entitled to cancel Agreement forthwith and claim User for the damages incurred for that breach.
- If Agreement is canceled under the provision of the foregoing paragraph, User shall destroy Licensed Software (including updates and upgrades to it) and the associated documentation, and all duplications, related materials and the like within two (2) weeks from the date of termination of Agreement and submit a written evidence of such destruction to Licensor.
Article 10 Termination of Agreement
User may terminate Agreement by destroying Licensed Software (including updates and upgrades to it) and the associated documentation, and all duplications, related materials and the like.
Article 11 (Miscellaneous)
- Even if any provision of Agreement is nullified by law, all other provisions shall remain in effect.
- Any matters not provided for in Agreement and questions arising from the interpretation of any provisions of Agreement shall be settled upon mutual consultation in good faith between Licensor and User.
- User and Licensor shall agree that Agreement complies with the laws of Japan and that all disputes that may arise from Agreement in connection with rights and obligations are settled with the parties submitting to the exclusive jurisdiction of the Tokyo District Court as a court of the first instance.
