Important:
Please carefully read this End-User License Agreement ("Agreement")
before installing or using the "Driver software"
("Software") on your PC. The right to use the Software
is granted by Victor Company of Japan, Limited ("JVC")
to You only on the condition that You agree to the following
Agreement. If You do not agree to the terms of the Agreement,
you may not install the Software any more. HOWEVER, INSTALLING
OR USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS
AND CONDITIONS. The Software also includes the associated
materials, and any modification, upgrade and update of the
Software granted to You by JVC.
END-USER LICENSE AGREEMENT
1. Copyright; Ownership
You acknowledge that all copyrights and other intellectual
property rights in the Software is owned by JVC and its licensor,
and remain vested in JVC and such licensor.
The Software is protected under the copyright law of Japan
and other countries, and related Conventions.
2. Grant of License
(1) Subject to the conditions of the Agreement, JVC grants
to You a non-exclusive right to use@the Software.
(2) You may install and use the Software on a HDD or other
storage devices incorporated in Your PC.
(3) You may make a copy of the Software for the back-up and
storage purpose only.
3. Restriction
(1) You may not modify, reverse engineer, decompile or disassemble
(except to the extent as permitted by the applicable laws)
the Software in any manner.
(2) You may not copy or use Software, in whole or in part,
other than as expressly specified in this Agreement.
(3) You have no right to grant a license to use the Software,
and may not distribute, lease or rent the Software to any
other person for any purpose.
4. Limited Warranty
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND.
JVC DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. SHOULD THERE BE ANY PROBLEM ARISING
FROM OR CAUSED BY THE SOFTWARE, YOU SHOULD SETTLE ALL SUCH
PROBLEM AT YOUR OWN COSTS AND RESPONSIBILITIES.
5. Limitation of Liability
JVC WILL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS
UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. YOU WILL INDEMNIFY AND
HOLD HARMLESS JVC FROM ANY LOSS, LIABILITY OR COSTS ARISING
OUT OF OR IN ANY WAY CONNECTED TO CLAIMS FROM ANY OTHER PERSONS
RELATING TO THE USE OF THE SOFTWARE.
6. Term
This Agreement will become effective on the date when You
download and install the Software onto Your machine, and continue
to be in effect until the termination under Section 8 below.
Should You breach any provision of this Agreement, JVC may
terminate this Agreement without giving any notice to You.
In this event, JVC may claim against You any damages caused
by Your breach. Should this Agreement be terminated, You should
immediately destroy the Software stored in Your machine (including
the erase from any memory in Your PC), and then will not possess
such Software.
7. Export Control
You agree that You will not ship, transfer or export the Software
or underlying information and technology to any countries
to which Japan and other relevant countries embargoed goods.
8. U.S. Government User
If You are an agency of the United States of America (the
"Government"), You acknowledge JVC's representation
that the Software is a "Commercial Item" as defined
in Federal Acquisition Regulation (FAR) part 2.101 (g) consisting
unpublished "Commercial Computer Software" as those
items are used at FAR part 12.212 and is only licensed to
You with the same use rights JVC grants all commercial end
users pursuant to the terms of this Agreement.
9. General
(1) No modification, change, addition, deletion or other alteration
of or to the Agreement will be valid unless reduced to writing
and signed by an authorized representative of JVC.
(2) If any part of the Agreement is held invalid by or in
conflict with any law having jurisdiction over this Agreement,
the remaining provisions will remain in full force and effect.
(3) The Agreement shall be governed by and interpreted under
the laws of Japan. The Tokyo District Court has jurisdiction
over all disputes which may arise with respect to the execution,
interpretation and performance of this Agreement.
(c)copyright 2002 VICTOR COMPANY OF JAPAN, LIMITED. All
rights reserved.
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