Trademarks and Copyrights

KONICA MINOLTA, the KONICA MINOLTA logo, Giving Shape to Ideas, and bizhub are registered trademarks or trademarks of KONICA MINOLTA, INC.

Mozilla and Firefox are trademarks of the Mozilla Foundation.

Microsoft and Windows are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.

Citrix^®, XenApp^®, XenDesktop^® and XenServer^® are registered trademarks of Citrix Systems, Inc. and/or one or more of its subsidiaries, and may be registered in the United States Patent and Trademark Office and in other countries.

Apple, Safari, iPad, iPhone, iPod touch, Macintosh, Mac OS, OS X, macOS and Bonjour are trademarks of Apple Inc., registered in the U.S. and other countries.

AirPrint and the AirPrint logo are trademarks of Apple Inc.

CUPS and CUPS logo are trademarks of Apple Inc.

Google, Google Chrome, and Android are registered trademarks or trademarks of Google LLC.

Mopria^®, the Mopria^® Logo and Mopria^® Alliance logo are registered trademarks and service marks of Mopria Alliance, Inc. in the United States and other countries. Unauthorized use is strictly prohibited.

Adobe, the Adobe logo, Acrobat and PostScript are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.

This [Sublicensee Product] contains Adobe^® Reader^® LE software under license from Adobe Systems Incorporated, Copyright © 1995-2009 Adobe Systems Incorporated. All rights reserved. Adobe and Reader are trademarks of Adobe Systems Incorporated.

Ethernet is a registered trademark of Xerox Corporation.

PCL is a registered trademark of Hewlett-Packard Company Limited.

This machine is based in part on the work of the Independent JPEG Group.

Compact-VJE
Copyright 1986-2009 Yahoo Japan Corp.

RC4^® is a registered trademark or trademark of EMC Corporation in the United States and/or other countries.

RSA and BSAFE are registered trademarks or trademarks of EMC Corporation in the United States and other countries.

License information

[This product/Product name] includes RSA BSAFE^® Cryptographic software from EMC Corporation.

Advanced Wnn
"Advanced Wnn"© OMRON SOFTWARE CO., Ltd. 2006 All Rights Reserved.

ABBYY and FineReader are registered trade marks of ABBYY Software House.

QR Code is a registered trademark of DENSO WAVE INCORPORATED.

Wi-Fi, the Wi-Fi CERTIFIED logo, Wi-Fi Alliance, Wi-Fi Direct, Wi-Fi Protected Setup, the Wi-Fi Protected Setup logo, WPA, WPA2, and WPA3 are either registered trademarks or trademarks of the Wi-Fi Alliance.

FeliCa is a registered trademark of Sony Corporation.

MIFARE is a registered trademark of NXP Semiconductors.

Bluetooth is a registered trademark of Bluetooth SIG, Inc.

All other product and brand names are trademarks or registered trademarks of their respective companies or organizations.

The softwares installed in this product comprise various independent software modules and components. Each software module or component is copyrighted by the author, i.e. the one we wrote will be copywrited by us, and others will also be copywrited by each author.

This product uses some free softwares as a part of software components.

The following is information on the end user license agreement provided to the software components included in this product.

The GPL, LGPL, OpenSSL, or Free Type Project (http://www.freetype.org/) license is granted to some of the software components included in this product. Grateful acknowledgements are due to the authors of those softwares, and to members of the community being engaged in data management and other activities concerning the softwares.

The GPL/LGPL is, as mentioned below, designed to guarantee (or even responsible for) the users that they can receive the source code whenever they want. For details, please refer to our homepage. https://iisw.konicaminolta.com/opensource/

As for our software components, we hope you understand that the source code cannot be provided because they need not be open.

The following website shows the original text of the GPL, LGPL, and Open SSL licenses granted to the software components included in this product.
https://generic-products-bt.com/license/3816/

KONICA MINOLTA, INC. maintains the copyright of the printer drivers.

© 2023 KONICA MINOLTA, INC. All Rights Reserved.

User's Guide may not be reproduced in part or in full without permission.

KONICA MINOLTA, INC. will not be held liable for any incidents caused by using this printing system or User's Guide.

Information included in User's Guide is subject to change without notice.

This package contains the following materials provided by KONICA MINOLTA, INC. ("KM"): software included as part of the printing system ("Printing Software"), the digitally-encoded machine-readable outline data encoded in the special format and in the encrypted form ("Font Programs"), other software which runs on a computer system for use in conjunction with the Printing Software ("Host Software"), and related explanatory written materials ("Documentation").

The term "Software" shall be used to describe Printing Software, Font Programs and/or Host Software and also include any upgrades, modified versions, additions, and copies of the Software.

The Software is being licensed to you under the terms of this Agreement.

KM grants to you a non-exclusive sublicense to use the Software and Documentation, provided that you agree to the following:

1. You may use the Software and accompanying Font Programs for imaging to the licensed output device(s), solely for your own internal business purposes.

2. In addition to the license for Font Programs set forth in Section 1 above, you may use Roman Font Programs to reproduce weights, styles, and versions of letters, numerals, characters and symbols ("Typefaces") on the display or monitor for your own internal business purposes.

3. You may make one backup copy of the Host Software, provided your backup copy is not installed or used on any computer. Notwithstanding the above restrictions, you may install the Host Software on any number of computers solely for use with one or more printing systems running the Printing Software.

4. You may assign its rights under this Agreement to an assignee of all of Licensee's right and interest to such Software and Documentation ("Assignee") provided you transfer to Assignee all copies of such Software and Documentation Assignee agrees to be bound by all of the terms and conditions of this Agreement.

5. You agree not to modify, adapt or translate the Software and Documentation.

6. You agree that you will not attempt to alter, disassemble, decrypt, reverse engineer or decompile the Software.

7. Title to and ownership of the Software and Documentation and any reproductions thereof shall remain with KM and its licensor.

8. Trademarks shall be used in accordance with accepted trademark practice, including identification of the trademark owner's name. Trademarks can only be used to identify printed output produced by the Software. Such use of any trademark does not give you any rights of ownership in that trademark.

9. You may not rent, lease, sublicense, lend or transfer versions or copies of the Software Licensee does not use, or Software contained on any unused media, except as part of the permanent transfer of all Software and Documentation as described above.

10. IN NO EVENT WILL KM OR ITS LICENSOR BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL INDIRECT, PUNITIVE OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVING, EVEN IF KM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. KM OR ITS LICENSOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Notice to Government End Users: The Software is a“commercial item,”as that term is defined at 48 C.F.R.2.101, consisting of“commercial computer software”and“commercial computer software documentation,”as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government End Users acquire the Software with only those rights set forth herein.

12. You agree that you will not export the Software in any form in violation of any applicable laws and regulations regarding export control of any countries.

ADOBE SYSTEMS INCORPORATED
COLOR PROFILE LICENSE AGREEMENT

NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.

1. DEFINITIONS

In this Agreement, "Adobe" means Adobe Systems Incorporated, a Delaware corporation, located at 345 Park Avenue, San Jose, California 95110. "Software" means the software and related items with which this Agreement is provided.

2. LICENSE

Subject to the terms of this Agreement, Adobe hereby grants you the worldwide, non-exclusive, nontransferable, royalty-free license to use, reproduce and publicly display the Software. Adobe also grants you the rights to distribute the Software only (a) as embedded within digital image files and (b) on a standalone basis. No other distribution of the Software is allowed; including, without limitation, distribution of the Software when incorporated into or bundled with any application software. All individual profiles must be referenced by their ICC Profile description string. You may not modify the Software. Adobe is under no obligation to provide any support under this Agreement, including upgrades or future versions of the Software or other items. No title to the intellectual property in the Software is transferred to you under the terms of this Agreement. You do not acquire any rights to the Software except as expressly set forth in this Agreement.

3. DISTRIBUTION

If you choose to distribute the Software, you do so with the understanding that you agree to defend, indemnify and hold harmless Adobe against any losses, damages or costs arising from any claims, lawsuits or other legal actions arising out of such distribution, including without limitation, your failure to comply with this Section 3. If you distribute the Software on a standalone basis, you will do so under the terms of this Agreement or your own license agreement which (a) complies with the terms and conditions of this Agreement; (b) effectively disclaims all warranties and conditions, express or implied, on behalf of Adobe; (c) effectively excludes all liability for damages on behalf of Adobe; (d) states that any provisions that differ from this Agreement are offered by you alone and not Adobe and (e) states that the Software is available from you or Adobe and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange. Any distributed Software will include the Adobe copyright notices as included in the Software provided to you by Adobe.

4. DISCLAIMER OF WARRANTY

Adobe licenses the Software to you on an "AS IS" basis. Adobe makes no representation as to the adequacy of the Software for any particular purpose or to produce any particular result. Adobe shall not be liable for loss or damage arising out of this Agreement or from the distribution or use of the Software or any other materials. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. The provisions of Sections 4, 5 and 6 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to use the Software after termination of this Agreement.

5. LIMITATION OF LIABILITY

IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE. Nothing contained in this Agreement limits Adobe's liability to you in the event of death or personal injury resulting from Adobe's negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose.

6. TRADEMARKS

Adobe and the Adobe logo are the registered trademarks or trademarks of Adobe in the United States and other countries. With the exception of referential use, you will not use such trademarks or any other Adobe trademark or logo without separate prior written permission granted by Adobe.

7. TERM

This Agreement is effective until terminated. Adobe has the right to terminate this Agreement immediately if you fail to comply with any term hereof. Upon any such termination, you must return to Adobe all full and partial copies of the Software in your possession or control.

8. GOVERNMENT REGULATIONS

If any part of the Software is identified as an export controlled item under the United States Export Administration Act or any other export law, restriction or regulation (the "Export Laws"), you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.

9. GOVERNING LAW

This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. All disputes arising out of, under or related to this Agreement will be brought exclusively in the state Santa Clara County, California, USA.

10. GENERAL

You may not assign your rights or obligations granted under this Agreement without the prior written consent of Adobe. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of Adobe, its agents, or employees, but only by an instrument in writing signed by an authorized signatory of Adobe. When conflicting language exists between this Agreement and any other agreement included in the Software, the terms of such included agreement shall apply. If either you or Adobe employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees. You acknowledge that you have read this Agreement, understand it, and that it is the complete and exclusive statement of your agreement with Adobe which supersedes any prior agreement, oral or written, between Adobe and you with respect to the licensing to you of the Software. No variation of the terms of this Agreement will be enforceable against Adobe unless Adobe gives its express consent, in writing, signed by an authorized signatory of Adobe.

About "ICC Profile for TOYO INK Standard Color on Coated paper version 3.0"
This is the ICC Profile for color reproduction of sheet-fed offset press on Coated paper.

This ICC Profile was developed by TOYO INK MFG. CO., LTD. ("TOYO INK") using printing tests with TOYO INK's Japan Color sheet-fed offset printing inks and TOYO INK's own printing conditions.

"TOYO INK Standard Color on Coated paper" is compatible with "Japan Color 2007".

Agreement

1. The reproduction of images on a printer or a monitor using this ICC Profile do not completely match the TOYO INK Standard Color on Coated paper.

2. Any and all copyrights of this ICC Profile shall remain in TOYO INK; therefore you shall not transfer, provide, rent, distribute, disclose, or grant any rights in this ICC Profile to any third party without the prior written consent of TOYO INK.

3. In no event will TOYO INK its directors, officers, employees or agents be liable to you for any consequential or incidential, either direct or indirect, damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use this ICC Profile.

4. TOYO INK shall not be responsible for answering any question related to this ICC Profile.

5. All company names and product names used in this document is the trademarks or registered trademarks of their respective holder.

This ICC Profile was made by TOYO INK using X-Rite ProfileMaker and a license to distribute the profile has been granted by X-Rite, Incorporated.

TOYO Offset Coated 3.0 © TOYO INK MFG. CO., LTD. 2010

IMPORTANT: PLEASE READ THIS STANDARD COLOR PROFILE LICENSE AGREEMENT ("LICENSE AGREEMENT") CAREFULLY BEFORE USING THE DIC STANDARD COLOR PROFILE, INCLUDING THE DIC STANDARD COLOR SFC1.0.1, DIC STANDARD COLOR SFC1.0.2, DIC STANDARD COLOR SFM1.0.2, DIC STANDARD COLOR SFU1.0.2, PROVIDED BY DIC HEREWITH, AND ANY CORRESPONDIMG ONLINE OR ELECTRONC DOCUMENTATION AND ALL UPDATES OR UPGRADES OF THE ABOVE THAT ARE PROVIDED TO YOU (COLLECTIVELY, THE "PROFILE").

THIS LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND DAINIPPON INK & CHEMICALS, INC., A JAPANESE COMPANY ("DIC"). THIS LICENSE AGREEMENT PROVIDES A LICENSE TO USE THE PROFILE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, YOU MAY NOT USE THE PROFILE.

1. License Grant
DIC grants you a gratis non-exclusive and non-transferable license to use the Profile and to allow your employees and authorized agents, if any, to use the Profile, solely in connection with their work for you, subject to all of the limitations and restrictions in this License Agreement.

2. Ownership
The foregoing license gives you limited license to use the Profile. You will own the rights in the media containing the recorded Profile, but DIC retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Profile and all copies thereof. All rights not specifically granted in this License Agreement, including all copyrights, are reserved by DIC.

3. Term
a. This License Agreement is effective until terminated.
b. You may terminate this License Agreement by notifying DIC in writing of your intention to terminate this License Agreement and by destroying, all copies of the Profile in your possession or control.
c. DIC may terminate this License Agreement without prior notice to you if you fail to comply with any of the terms and conditions of this License Agreement (either directly or through your employees or agents), retroactive to the time of such failure to comply. In such event, you must immediately stop using the Profile and destroy all copies of the Profile in your possession or control.
d. All provisions in this License Agreement relating to warranty disclaimers (Section 5) and the limitation of liability (Section 6) shall survive any termination of this License Agreement.

4. License Method and Restrictions
a. You may install and use the Profile on a single desktop computer; provided, however, that, notwithstanding anything contrary contained herein, you may not use the Profile on any network system or share, install or use the Profile concurrently on different computers, or electronically transfer the Profile from one computer to another or over a network.
b. You may not make or distribute copies, fix, alter, merge, modify, adapt, sublicense, transfer, sell, rent, lease, gift or distribute all or a portion of the Profile, or modify the Profile or create derivative works based upon the Profile.
c. You acknowledge that the Profile is not intended for any usage which may cause death or physical injury or environmental damage and agree not to use the Profile for such usage.
d. You shall not use the Profile to develop any software or other technology having the same primary function as the Profile, including but not limited to using the Profile in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Profile.
e. DIC and other trademarks contained in the Profile are trademarks or registered trademarks of DIC in Japan and/or other countries. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Profile. This License Agreement does not authorize you to use DIC's or its licensors' names or any of their respective trademarks.

5. WARRANTY DISCLAIMER
a. THE PROFILE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS-IS" BASIS, IN ACCORDANCE WITH THE TERMS AND COONDITIONS OF THIS LICENSE AGREEMENT. DIC PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE PROFILE.
b. DIC DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND QUIET ENJOYMENT. YOU SHALL ASSUME AND BE FULLY LIABLE AND RESPONSIBLE FOR ALL RISKS IN CONNECTION WITH YOUR USE OF THE PROFILE. DIC DOES NOT WARRANT THAT THE PROFILE IS FREE OF DEFECTS OR FLAWS OR WILL OPERATE WITHOUT INTERRUPTION, AND IS NOT RESPONSIBLE FORCORRECTING OR REPAIRING ANY DEFECTS OR FLAWS, FOR FEE OR GRATIS. NO RIGHTS OR REMEDIES WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN.

6. LIMITATION OF LIABILITY
DIC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PROFILE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DIC OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS ON LIABILITY SHALL APPLY TO ALL ASPECTS OF THIS LICENSE AGREEMENT.

7. General
a. This License Agreement shall be governed and construed in accordance with the laws of Japan, without giving effect to principles of conflict of laws. If any provision of this License Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License Agreement will remain in full force and effect. You hereby consent to the exclusive jurisdiction and venue of Tokyo District Court to resolve any disputes arising under this License Agreement.
b. This License Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any written notification or document issued by you in relation to the Profile licensed hereunder shall be of no effect.
c. The failure or delay of DIC to exercise any of its rights under this License Agreement or upon any breach of this License Agreement shall not be deemed a waiver of those rights or of the breach.

Limited License
Subject to all of the terms and conditions of this EULA, Cybertrust Japan grants to End User a non-transferable, non-sublicensable, non-exclusive license to use the object code form of the Software for its own use, but only in accordance with the technical specification documentation generally made available with the Software and this EULA. “Software” shall also include any documentation and any support and maintenance releases of the same Software provided to End User.

The End User is not allowed to create derivate technologies or to use to offer services derived from the Software

Application Software
End User may install and use the Software, on as many computers as necessary with the limitation imposed by the total number of licensed users. End User may make one additional copy for back-up purpose.

Term of License
The license granted hereunder shall commence on the purchasing date of the Software and shall expire at the end of the period for which the license is purchased.

Restrictions
End User shall not (and shall not allow any third party to): (a) decompile, disassemble, or otherwise reverse engineer the Software or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Software by any means whatsoever (except and only to the extent that applicable law prohibits or restricts reverse engineering restrictions, and then only with prior written notice to the respective owners;); (b) distribute, sell, sublicense, rent, lease or use the Software (or any portion thereof) for time sharing, hosting, provision of services or like purposes; (c) remove any product identification, proprietary, copyright or other notices contained in the Software; (d) modify or create a derivative work of any part of the Software; or (e) publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Software. You may not permit third parties to benefit from the use or functionality of Software, except as and only to the extent explicitly permitted by the licensing terms, identified in the accompanying Third Party License Terms, governing use of the third party software.

Ownership
Notwithstanding anything to the contrary contained herein, except for the limited license rights expressly provided herein, Cybertrust Japan and its suppliers have and will retain all rights, title and interest (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Software and all copies, modifications and derivative works thereof. End User acknowledges that it is obtaining only a limited license right to the Software and that irrespective of any use of the words “purchase”, “sale” or like terms hereunder no ownership rights are being conveyed to End User under this Agreement or otherwise. End User acknowledges that Bitdefender has a substantial interest in the Software and that, if this EULA is not directly with Bitdefender, then Bitdefender is a third party beneficiary to this EULA, with the understanding that rights, titles and interest in and to certain third party software identified in the accompanying Third Party License Terms are owned by their respective owners.

If requested, End User shall certify in writing that End User is using the Software for the number of servers, with the number of copies, on the system configuration and at the site agreed upon by the parties (as applicable). End User agrees that no more than once annually its use of the Software may be audited by Cybertrust Japan or Bitdefender (or an independent auditor working on such party’s behalf) during normal business hours upon reasonable advance written notice for the purpose of verifying End User’s compliance with this EULA.

Confidentiality
End User acknowledges that, it may obtain information relating to the Software or Bitdefender, including, but not limited to, any code, technology, know-how, ideas, algorithms, testing procedures, structure, interfaces, specifications, documentation, bugs, problem reports, analysis and performance information, and other technical, business, product, and data (“Confidential Information”). End User shall not disclose Confidential Information to any third party or use Confidential Information for any purpose other than the use of the Software as licensed under the EULA.

Warranty Disclaimer
EXCEPT FOR ANY EXPRESS LIMITED WARRANTY OFFERED BY CYBERTRUST JAPAN FOR WHICH END USER’S REMEDY IS LIMITED TO REPAIR, REPLACEMENT OR REFUND BY CYBERTRUST JAPAN, THE SOFTWARE IS PROVIDED “AS IS” AND NO WARRANTIES ARE MADE TO ANY PERSON OR ENTITY WITH RESPECT TO THE SOFTWARE OR ANY SERVICES AND CYBERTRUST JAPAN DISCLAIMS ON ITS OWN BEHALF AND THAT OF ITS LICENSORS, INCLUDING BITDEFENDER, ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Damages and Remedies
IN NO EVENT SHALL CYBERTRUST JAPAN OR ITS LICENSORS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SOFTWARE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE TOTAL LIABILITY OWING TO END USER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTY, INFRINGEMENT OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE FEES PAID BY END USER WITH RESPECT TO THE SOFTWARE. NEITHER CYBERTRUST JAPAN NOR ITS LICENSORS SHALL BE LIABLE FOR LOSS OR INACCURACY OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SYSTEM DOWNTIME, FAILURE OF SECURITY MECHANISMS, GOODWILL, PROFITS OR OTHER BUSINESS LOSS, REGARDLESS OF LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE PARTIES AGREE THAT THE LIMITATIONS OF THIS SECTION ARE ESSENTIAL AND THAT END USER WOULD NOT BE PERMITTED TO USE THE SOFTWARE ABSENT THE TERMS OF THIS SECTION. THIS SECTION SHALL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED IN THIS EULA SHALL BE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THIS SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN ANY HAZARDOUS ENVIRONMENT REQUIRING FAIL-SAFE PERFORMANCE OR OPERATION. THIS SOFTWARE IS NOT FOR USE IN THE OPERATION OF AIRCRAFT NAVIGATION, NUCLEAR FACILITIES, OR COMMUNICATION SYSTEMS, WEAPONS SYSTEMS, DIRECT OR INDIRECT LIFE-SUPPORT SYSTEMS, AIR TRAFFIC CONTROL, OR ANY APPLICATION OR INSTALLATION WHERE FAILURE COULD RESULT IN DEATH, SEVERE PHYSICAL INJURY OR PROPERTY DAMAGE.

Export Compliance
End User acknowledges that the Software may be subject to export restrictions by the United States government and import restrictions by certain foreign governments. End User shall not and shall not allow any third-party to remove or export from the United States or allow the export or re-export of any part of the Software or any direct product thereof: (i) into (or to a national or resident of) any embargoed or terrorist-supporting country; (ii) to anyone on the U.S. Commerce Department’s Table of Denial Orders or U.S. Treasury Department’s list of Specially Designated Nationals; (iii) to any country to which such export or re-export is restricted or prohibited, or as to which the United States government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval; or (iv) otherwise in violation of any export or import restrictions, laws or regulations of any United States or foreign agency or authority. End User agrees to the foregoing and warrants that it is not located in, under the control of, or a national or resident of any such prohibited country or on any such prohibited party list. The Software is further restricted from being used for the design or development of nuclear, chemical, or biological weapons or missile technology, or for terrorist activity, without the prior permission of the United States government.

Government Users
The Software is commercial computer software. If the user or licensee of the Software is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Software, or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by the terms of this EULA in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Software was developed fully at private expense. All other use is prohibited.

Termination and Survival
The terms set forth in the sections entitled Restrictions, Ownership, Confidentiality, Warranty Disclaimer, Limitation of Damages and Remedies shall survive any termination of this EULA.