| 1. Definitions |
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For the purposes of the
Terms of Use, the Software includes computer software and
all related media and printed matter, including catalogs and
manuals. |
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| 2. License |
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(1)
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The customer is permitted
to download the Software and install it on multiple computers
solely for use with customer M-System's signal conditioners.
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(2)
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M-System grants non-exclusive and
non-transferable rights to the Software for the customer's
personal use only. |
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(3)
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The customer is permitted to copy
the Software provided that such copies are for back-up only.
However, note that the Software is protected by copyright
legislation and that backup copies must include all copyright
and other property rights information in the original Software.
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(4)
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If the Software is an update or an
upgrade, the customer may use the Software only in exchange
for a valid license already granted by an earlier version
of the Software. An update or upgrade does not constitute
a second Software license. |
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| 3. Restrictions and Other
Rights |
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(1)
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The customer shall not delete or change
any of the copyright information displayed by the Software. |
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(2)
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The customer shall not alter any portion
of the Software. |
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(3)
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In the event that copy protection
is used in or has been added to the Software, the customer
shall not remove or attempt to remove the copy protection
in question. |
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(4)
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The customer shall not sell the Software
to a third party. |
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(5)
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The customer shall not rent, lease,
or transfer ownership of or license to use the Software without
the written permission of M-System. |
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(6)
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The customer shall not decompile,
reverse assemble, reverse engineer, or otherwise attempt to
discover the source code or underlying design of the Software.
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(7)
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The customer shall observe all laws
pertaining to the use of the Software. |
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(8)
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The customer shall not upload the
Software to a website or other host or transmit the Software
to a third party by e-mail or other means without the permission
of M-System. |
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(9)
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M-System may change without notice
the contents and specifications of the Software. |
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(10)
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The Software may contain third-party
programs. In the event M-System has been notified by the party
concerned that the terms of use of such third-party programs
differ from these Terms of Use, the customer shall observe
the terms of use for the third-party software (stated separately).
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(11)
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M-System reserves all rights not explicitly
stated in the Terms of Use. |
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| 4. Proprietary Rights
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M-System and the third
party reserve all rights, ownership and the industrial property
right to the copies of the Software, and these rights are
not transferable to the customer. |
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| 5. Confidentiality |
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The customer shall not
disclose the content of the Software to any third party. |
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| 6. Termination |
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M-System may terminate
without notice the license of any customer who infringes on
M-System's rights by violating the terms and conditions of
the Terms of Use or by violating copyright or other laws,
and may require the customer to destroy the Software and all
copies in their possession. Articles 7 and 8 of the Terms
of Use shall however remain in effect notwithstanding termination
of the license. |
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| 7. Limited Warranty |
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(1)
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The Software is provided "gas
is" without warranty of any kind. M-System disclaims
all warranties, explicit or implicit, including but not limited
to marketability, title, freedom from defects, or suitability
for any particular purpose. The customer assumes sole responsibility
for all risks arising from the use of the Software and its
functions and shall bear all costs for servicing, repairs,
or adjustments required as a consequence of any defect in
the Software. |
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(2)
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M-System shall not be
required to modify or repair the Software should it be found
to be defective or non-functional whether through changes
to the specifications or for any other reason whatsoever. |
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(3)
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Limited warranty for electronic storage
media: In the event that the Software is found in the course
of normal use to have damaged, deformed, or polluted the electronic
storage medium on which the Software is stored, M-System will
offer replacement only if the claim is made within 90 days
of shipment. This warranty does not extend to damages arising
from willful or unintended negligence, accidents, acts of
god, or misapplication of the Software. |
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| 8. Limitation of Liability |
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(1)
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M-System shall not be liable in any
way for any damage (including but not limited to lost profits,
loss of business data, and any other financial damages) arising
from the use of or inability to use the Software. |
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(2)
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M-System is entitled to deny, partially
or completely, all liability in the event that the customer
modify or alter the Software, use it in combination with other
computer software, or in any other way cause it to differ
from the Software as described in the instruction manuals
or specification sheets. |
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(3)
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M-System is entitled to deny liability
for all claims by the customer arising from the application
or violation of the Terms of Use if such claims are not made
within 90 days. |
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(4)
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M-System shall not in any way be liable
for damages arising from computer viruses or other malicious
programs. Checking the Software for viruses or other malicious
programs is the customer's responsibility. |
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| 9. Export Restrictions |
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The customer shall not,
directly or indirectly, export or transmit the Software or
any related documents to another country without the prior
agreement of M-System. |
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| 10. Other Terms and Conditions |
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(1)
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The Terms of Use shall be governed
by the laws of Japan. |
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(2)
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All questions concerning the Terms
of Use shall be resolved in good faith through the cooperation
of both parties. |
