Version:
4.0
[Build: DBZ0400021107701]
Developed by: Solutions Engineering Center, Konica Minolta Business Solutions USA, Inc.
Licensing (All 3rd Party Licenses can be viewed here.)
Copyright Holder: Konica Minolta Business Solutions, U.S.A., Inc.
License:
End-User Software License Agreement
IMPORTANT--READ THESE TERMS CAREFULLY BEFORE
DOWNLOADING THIS SOFTWARE OR USING THE PRODUCTS
DESCRIBED IN THIS USER MANUAL, OR OPENING THE
SHRINK-WRAP PACKAGE CONTAINING SOFTWARE.
BY DOWNLOADING OR USING THIS SOFTWARE, YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE
AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU
AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT
AGREE TO THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE
WITHOUT DOWNLOADING THE SOFTWARE.
1. Grant of License for Registered Users
Konica Minolta Business Solutions U.S.A., Inc. ("Konica
Minolta") grants you a non-exclusive, non-transferable license
to use the program with which this license is distributed (the
"Software"), including any documentation files accompanying the
Software ("Documentation"), on a single server or personal
computer to support up to the number of simultaneous users for
which you have paid the license fee, provided that: (i) the
Software is installed on only one server or personal computer;
(ii) the Software is NOT modified; (iii) all copyright notices
are maintained on the Software; and (iv) you agree to be bound
by the terms of this License Agreement. The Software and
Documentation shall be used only by you, only for your own
personal or internal business use and not in the operation of a
service bureau or for the benefit of any other person or entity.
Any other use of the Software by any person, business,
corporation, government organization or any other entity is
strictly forbidden and is a violation of this License Agreement.
2. Ownership
You have no ownership rights in the Software. Rather, you have a
license to use the Software as long as this License Agreement
remains in full force and effect. Ownership of the Software,
Documentation and all intellectual property rights therein shall
remain at all times with Konica Minolta.
3. Copyright
The Software and Documentation contain material that is
protected by United States and international copyright and trade
secret laws, and by international treaty provisions. All rights
not granted to you herein are expressly reserved by Konica
Minolta. You may not remove any proprietary notice of Konica
Minolta from any copy of the Software or Documentation.
4. Restrictions
You agree not to (i) make any copies of the Software or the
Documentation, in whole or in part, (ii) modify, translate,
reverse engineer, de-compile, disassemble, (iii) create
derivative works based on the Software or the Documentation, or
(iv) create source code from the Software object code, except to
the extent that the such limitations are prohibited by
applicable law. You agree to take reasonable steps to safeguard
copies of the Software or the Documentation to prevent copying
or use by unauthorized persons, and to take reasonable steps to
ensure that the provisions of this License Agreement are not
violated by your employees or agents. You agree not to use any
part of the Software separately from the Software. You shall not
transfer the Software or any Documentation, or any copies of
them, to any Third-Party without Konica Minolta's prior
written consent.
5. Confidentiality
You acknowledge that the Software contains proprietary trade
secrets of Konica Minolta and you hereby agree to maintain the
confidentiality of the Software using at least as great a degree
of care as you use to maintain the confidentiality of your own
most confidential information. You agree to reasonably
communicate the terms and conditions of this Software License
Agreement to those persons employed by you who come into contact
with the Software, and to use reasonable best efforts to ensure
their compliance with such terms and conditions, including,
without limitation, not knowingly permitting such persons to use
any portion of the Program for the purpose of deriving the
source code of the Program or defeating the lock and/or unlock
codes.
6. Limited Warranty
KONICA MINOLTA WARRANTS FOR A PERIOD OF THIRTY
(30) DAYS AFTER PURCHASE THAT THE SOFTWARE WILL
OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE
DOCUMENTATION. SHOULD THE SOFTWARE NOT SO
OPERATE, YOUR EXCLUSIVE REMEDY, AND KONICA
MINOLTA'S SOLE OBLIGATION UNDER THIS WARRANTY,
SHALL BE, AT KONICA MINOLTA'S SOLE DISCRETION,
CORRECTION OF THE DEFECT OR REPLACEMENT OF THE
SOFTWARE. ANY USE BY YOU OF THE SOFTWARE IS AT
YOUR OWN RISK. THIS LIMITED WARRANTY IS THE ONLY
WARRANTY PROVIDED BY KONICA MINOLTA REGARDING THE
SOFTWARE. EXCEPT FOR THE LIMITED WARRANTY ABOVE,
THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM
EXTENT PERMITTED BY LAW, KONICA MINOLTA DISCLAIMS
ALL OTHER WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. KONICA
MINOLTA SPECIFICALLY DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY
REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE
SOFTWARE WILL OPERATE ERROR FREE OR IN AN
UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR
ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT
THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR
PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE
WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY
MAY NOT APPLY TO YOU.
7. Limitation of Liability
IN NO EVENT WILL KONICA MINOLTA BE LIABLE FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE,
OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF
BUSINESS INFORMATION) ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SOFTWARE, OR FOR ANY
CLAIM BY ANY OTHER PARTY, EVEN IF KONICA MINOLTA
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. KONICA MINOLTA'S AGGREGATE LIABILITY
WITH RESPECT TO ITS OBLIGATIONS UNDER THIS
AGREEMENT OR OTHERWISE WITH RESPECT TO THE
SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT
EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU
FOR THE SOFTWARE AND DOCUMENTATION. BECAUSE SOME
STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
8. Export Restrictions
THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT
TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER
RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES
OF AMERICA OF THE SOFTWARE OR INFORMATION ABOUT
SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO
TIME BY THE GOVERNMENT OF THE UNITED STATES OF
AMERICA. YOU SHALL NOT EXPORT OR RE-EXPORT THE
SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT THE
SOFTWARE AND DOCUMENTATION UNLESS YOU ARE IN
COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS,
OR OTHER RESTRICTIONS.
9. Termination
This License Agreement is effective until it is terminated. You
may terminate this License Agreement at any time by destroying
or returning to Konica Minolta all copies of the Software and
Documentation in your possession or under your control. Konica
Minolta may terminate this License Agreement for any reason,
including, but not limited to, if Konica Minolta finds that you
have violated any of the terms of this License Agreement. Upon
notification of termination, you agree to destroy or return to
Konica Minolta all copies of the Software and Documentation and
to certify in writing that all known copies, including backup
copies, have been destroyed. All provisions relating to
confidentiality, proprietary rights, and non-disclosure shall
survive the termination of this Software License Agreement.
10. General
This License Agreement shall be construed, interpreted and
governed by the laws of the State of New Jersey without regard
to conflicts of law provisions thereof. The exclusive forum for
any disputes arising out of or relating to this License
Agreement shall be an appropriate federal or state court sitting
in New Jersey, USA. This License Agreement shall constitute the
entire Agreement between the parties hereto. Any waiver or
modification of this License Agreement shall only be effective
if it is in writing and signed by both parties hereto. If any
part of this License Agreement is found invalid or unenforceable
by a court of competent jurisdiction, the remainder of this
License Agreement shall be interpreted so as to reasonably
effect the intention of the parties.
11. Notice to U.S. Government End Users
The Licensed Articles qualify as "commercial items," as that
term is defined at Federal Acquisition Regulation ("FAR") (48
C.F.R.) 2.101, consisting of "commercial computer software" and
"commercial computer software documentation" as such terms are
used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR
Supp. 227.7202-1 through 227.7202-4, and notwithstanding any
other FAR or other contractual clause to the contrary in any
agreement into which this Agreement may be incorporated, or if
this Agreement is direct, Government end user will acquire the
Licensed Articles with only those rights set forth in this
Agreement. Use of either the Licensed Articles constitutes
agreement by the Government that the Licensed Articles are
"commercial computer software" and/or "commercial computer
software documentation," and constitutes acceptance of the
rights and restrictions herein. The manufacturer is: Konica
Minolta Business Solutions U.S.A., Inc., 101 Williams Drive,
Ramsey, NJ 07446, U.S.A.
12. Conflict
This License Agreement has been translated into several
languages for your convenience. Should any provision of a
translated version of this License Agreement conflict with a
provision of the English version of this License Agreement, the
provisions of the English version shall prevail.
13. Trademark Acknowledgements
KONICA MINOLTA, the KONICA MINOLTA logo, the symbol mark, and
"The essentials of imaging" are registered trademarks of KONICA
MINOLTA HOLDINGS, INC.