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:
You may use the Software and accompanying Font Programs for imaging to the licensed output device(s), solely for your own internal business purposes.
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.
You may make one backup copy of the Host Software, provided your backup copy is not installed or used on any computer. Not with standing 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.
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.
You agree not to modify, adapt or translate the Software and Documentation.
You agree that you will not attempt to alter, disassemble, decrypt, reverse engineer or decompile the Software.
Title to and ownership of the Software and Documentation and any reproductions thereof shall remain with KM and its licensor.
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.
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.
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.
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.
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.