4 END USER SOFTWARE LICENSE AGREEMENT
END USER SOFTWARE LICENSE AGREEMENT
INSTALLING OR OTHERWISE USING THIS SOFTWARE PRODUCT CONSTITUTES YOUR ACCEPTANCE OF THE
FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT
INSTALL OR USE THIS SOFTWARE, AND YOU MUST PROMPTLY RETURN THE SOFTWARE TO THE LOCATION WHERE
YOU OBTAINED IT.
GRANT OF LICENSE:
This License Agreement is a legal agreement between you, the end-user (either an individual or an entity, “You or
Your”), and Toshiba Tec Corporation (“TTEC”). This software, fonts (including their typefaces) and related
documentation (“Software”) is licensed for use with TTEC MFP on which it was installed to the designated device You
use (“System”) in accordance with the terms contained in this License Agreement. The copyright and any other
intellectual property rights, title and ownership and other rights of Software is proprietary and belonging to TTEC
and/or its licensors (including any suppliers who are such licensors, “Licensors”). TTEC disclaim responsibility for the
installation and/or use of Software, and for the results obtained by using Software. You may use one copy of Software
as installed on a single System, and may not copy Software for any reason except as necessary to use Software on a
single System. Any copies of Software shall be subject to the terms and conditions of this License Agreement. You may
not, nor cause or permit any third party to, modify, adapt, merge, translate, reverse compile, reverse assemble, or
reverse engineer Software. You may not install and/or use Software, except in accordance with this License
Agreement. No title to the intellectual property and other rights in Software is transferred to You and full ownership is
retained by TTEC and its Licensors. Source code of Software is not licensed to You. You may not perform modification,
deletion, etc to the copyright notice of Software (including in duplicate). You will be held legally responsible for any
copyright infringement, unauthorized transfer, reproduction or use of Software.
TERM AND TERMINATION:
This License Agreement is effective until terminated by TTEC at its discretion or upon Your failure to comply with any
term of this License Agreement. Upon termination, You agree to uninstall, return or destroy Software and all copies.
You may terminate this License Agreement at any time by uninstalling, returning or destroying Software and all
copies.
DISCLAIMER OF WARRANTY:
Software is provided “AS IS” without warranty of any kind, either express or implied, including, but not limited to, the
implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. TTEC disclaims
any warranty relating to the quality and performance of Software. If Software proves defective, You (and not TTEC)
shall be responsible for the entire cost of all necessary servicing, repair or correction. TTEC does not warrant that the
functions contained in Software will meet Your requirements or that the operation of Software will be uninterrupted
or error free or that Software will have no defects.
UPDATE AND DISCONTINUE:
TTEC may update, upgrade and discontinue Software without any restriction.
THIRD PARTY SOFTWARE:
There are cases in which third party software is contained in Software (including future updated and upgraded
versions). Such third party software is provided to You on different terms and conditions from those of this License
Agreement, in the form of term stated in the License Agreement with the Licensors or the readme files (or files similar
to readme files) separately from this License Agreement (“Separate Agreements, etc.”). When You use the third party
software, You must comply with the term of the third party software stated in the Separate Agreements, etc. Except
the term of the third party software, You must comply with the term stated in this License Agreement.
LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY LAW, (A)THE MAXIMUM LIABILITY OF TTEC AND ITS LICENSORS (OR THEIR
OFFICERS, EMPLOYEES, AND REPRESENTATIVES) TO YOU AND THE EXCLUSIVE REMEDIES AGAINT YOU UNDER THIS
LICENSE AGREEMENT ARE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE OR THE AMOUNT OF US $5.00 (OR
LOCAL EQUIVALENT THEREOF), WHICHEVER IS GREATER. (B) TTEC AND ITS LICENSORS (OR THEIR OFFICERS,
EMPLOYEES AND REPRESENTATIVES) SHALL NOT BE LIABLE YOU OR ANY THIRD PARTY FOR ANY DAMAGES INCLUDING
ANY LOSS OF PROFITS, DATA, INFORMATION, ASSETS OR ANY BUSINESS INTERUPTION, ARISI
NG OUT OF THE USE OF
OR INABILITY TO USE THE SOFTWARE, OR ANY OTHER IN
CIDENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES,
HOWEVER ARISING, WHETHER IN PROVISION OF THIS LICENSE AGREEMENT OR IN TORT (EXCLUDING PERSONAL
INJURY OR DEATH DUE TO TTEC’S GROSS NEGLIGENCE), EVEN IF TTEC AND ITS LICENSORS (OR THEIR OFFICERS,
EMPLOYEES AND REPRESENTATIVES) HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
U.S. GOVERNMENT RESTRICTED RIGHTS:
The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject
to restrictions set forth in subdivision (b)(3)(ii) or (c)(i)(ii)of the Rights in Technical Data and Computer Software
Clause set forth in 252.227-7013, or 52.227-19 (c)(2) of the DOD FAR, as appropriate.
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