PLEASE READ THE FOLLOWING TERMS AND CONDITIONS
BEFORE USING THIS PRODUCT. BY INSTALLING THE
PRODUCT YOU THEREBY INDICATE YOUR ACCEPTANCE OF
THESE TERMS AND CONDITIONS. SHOULD YOU DISAGREE
WITH ANY OF THE TERMS OR CONDITIONS LISTED BELOW,
PROMPTLY REMOVE ALL FILES RELATED TO THIS PRODUCT
FROM YOUR HOST PLATFORM AND RETURN THE PRODUCT
TO SATO CORPORATION.
1. You explicitly agree to accept a non-exclusive license to use
the Software identified on the distribution media solely for your
own customary business or personal purposes. Your local
and national laws govern this Agreement.
2. Henceforth, “Software” shall refer to the digitally encoded,
machine-readable data and program. The term “Software
Product” includes the Software identified on the distribution
media, including any accompanying documentation. The
term “Distribution Media” refers to any method by which the
Software Product is delivered to the end user, including but
not limited to Floppy Disks, CD-ROM, Magnetic Tape and
On-Line distribution via the Internet. The Software Product is
licensed (not sold) to you, and SATO
®
either owns or
licenses from other vendors who own all copyright, trade
secret, patent and other proprietary rights in the Software
Product.
3. To protect the proprietary rights of SATO Corporation, you
agree to maintain the Software Product and other proprietary
information concerning the Software Product in strict
confidence and to establish reasonable procedures regulating
access to and use of the software.
4. You agree not to duplicate or copy the Software except that you
may make one backup copy. You agree that any such copy
shall contain the same proprietary notices as those appearing
on the original.
5. You shall not sub-license, sell, lease, or otherwise transfer all
or any portion of the Software Product separate from the
printer(s), without the prior written consent of SATO
Corporation.
6. You may not modify or prepare derivative works of the
Software Product. You may not transmit the Software
Product over a network, by telephone, or electronically
using any means; or reverse engineer, decompile or
disassemble the Software.
7. You may transfer the Software Product with the printer(s), but
only if the recipient agrees to accept the terms and conditions
of this Agreement. Your license is automatically terminated if
you transfer the Software Product and printer(s).
8. This License remains in force until terminated, and may be
terminated by agreement between you and SATO
Corporation, or by SATO Corporation, if you fail to comply with
the terms of this License if such failure is not corrected within
thirty (30) days after notice. When this License is terminated,
you shall either return to the place you obtained them from, or
destroy, the printer and all copies of the Software and
documentation.
9. SATO Corporation warrants that for ninety (90) days after
delivery, the Software will perform in accordance with
specifications published by SATO Corporation, and that the
distribution media will be free from defects in material and
workmanship. SATO Corporation does not warrant that the
Software is free from all bugs, errors and omissions.
10. Your exclusive remedy and the sole liability of SATO
Corporation in connection with the Software is replacement
of defective distribution media upon their return to SATO
Corporation. SATO Corporation will not be liable for any loss
or damage caused by delays in furnishing a Software Product
or any other performance under this Agreement.
SATO Corporation does not warrant that the functions contained in
the Software will meet your requirements or that the operation of
the Software will be uninterrupted or error free.
11. Use, duplication or disclosure by the Government is subject
to restrictions as set forth in the relevant guidelines of your
country, such as the Rights in Technical Data and Computer
Software clause at FAR 242.227- 7013, subdivision (b) (3) (ii)
or subparagraph (c) (1) (ii), as appropriate. Further use,
duplication or disclosure is subject to restrictions applicable to
restricted rights software as set forth in FAR 52.227-19 (c) (2)
or equivalent rules.
THE PARTIES AGREE THAT ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE AND
MERCHANTABILITY ARE EXCLUDED.
SATO Corporation reserves the right to make changes and/or
improvements in the Software without notice at any time.
IN NO EVENT WILL SATO CORPORATION BE LIABLE FOR
LOST PROFITS, LOST DATA, BUSINESS INTERRUPTIONS
OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE THIS PRODUCT, EVEN IF SATO
CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR ANY DAMAGES CAUSED BY
ABUSE OR MANIPULATION OF THE SOFTWARE. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY
TO YOU.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND
BY ITS TERMS AND CONDITIONS. NEITHER PARTY SHALL BE
BOUND BY ANY STATEMENT OR REPRESENTATION NOT
CONTAINED IN THIS AGREEMENT. NO CHANGE IN THIS
AGREEMENT IS EFFECTIVE UNLESS WRITTEN AND SIGNED
BY PROPERLY AUTHORIZED REPRESENTATIVES OF EACH
PARTY. BY INSTALLING THIS SOFTWARE PRODUCT, YOU
AGREE TO ACCEPT THE TERMS AND-CONDITIONS OF THIS
AGREEMENT.
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