Important:
Please carefully read this End-User License Agreement ("Agreement")
before installing or using the "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 2001 VICTOR COMPANY OF JAPAN, LIMITED. All rights reserved.
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