END USER SOFTWARE LICENSE AGREEMENT 5
END USER SOFTWARE LICENSE AGREEMENT
INSTALLING OR OTHERWISE USING THIS SOFTWARE PRODUCT CONSTITUTES YOUR ACCEPTANCE OF THE
FOLLOWING TERMS AND CONDITIONS (UNLESS A SEPARATE LICENSE IS PROVIDED BY THE SUPPLIER OF APPLICABLE
SOFTWARE IN WHICH CASE SUCH SEPARATE LICENSE SHALL APPLY). IF YOU DO NOT ACCEPT THESE TERMS, 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 is a legal agreement between you, the end-user (“You”), 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 other intellectual property rights, title and ownership of Software is proprietary and
belonging to TTEC and its suppliers
. 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 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 use Software,
except in accordance with this license. No title to the intellectual property in Software is transferred to you and full
ownership is retained by TTEC and its suppliers
. 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:
This license is effective until terminated by TTEC or upon your failure to comply with any term of this License
Agreement. Upon termination, you agree to destroy all copies of Software. You may terminate this license at any time
by 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.
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 from those of this License Agreement, in the
form of term stated in the License Agreement with the suppliers 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:
IN NO EVENT WILL TTEC BE LIABLE TO YOU FOR ANY DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE
(except personal injury or death resulting from negligence on the part of TTEC), INCLUDING WITHOUT LIMITATION
ANY LOST PROFITS, LOST DATA, LOST SAVINGS OR OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OR INABILITY TO USE SOFTWARE, EVEN IF TTEC OR ITS SUPPLIERS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, NOR FOR THIRD PARTY CLAIMS.
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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