My Sound EQ DATA
End User License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING DATA.
By clicking 的 agree・at the bottom of this page, You shall agree and accept to be bound by the conditions of this End User License Agreement (鄭greement・.
1. Copyright Protection, Intellectual Property Ownership
JVCKENWOOD Corporation ("JKC") represents and warrants all copyrights and other intellectual property rights in DATA are owned by JKC and remain vested in JKC. The DATA are protected under the copyright law of Japan and other countries, and related conventions.
2. Grant of License
Subject to the conditions of this End User License Agreement (鄭greement・, JKC grants to End-User ("You") a non-exclusive, royalty-free, non-reportable and non-transferable right to use the My Sound EQ data for evaluating acoustic characteristics ("DATA") for JKC痴 Car Component Products (Product). You may download the DATA to your own PC, and install the DATA to Product connected to the said PC.
You may make a copy of the DATA for your back-up and storage purpose only.
i) You may not modify, or make anyone modify the DATA in any manner.
ii) You have no right to grant a license to use DATA, and may not distribute, lease or rent the Data and/or Contents to any other person for any purpose.
iii) You shall comply with the applicable laws and regulations of the applicable countries of the DATA.
4. Copyright Notice
In any case You designate the copyright notice in the DATA, You must display notices as required to appropriately protect copyright and other proprietary rights of JKC on the DATA.
5. Limited Warranty
THE DATA IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. JKC MAKE NO GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE MERCHANTABILITY AND FITNESS OF DATA FOR A PARTICULAR PURPOSE. SHOULD THERE BE ANY PROBLEM ARISING FROM OR CAUSED BY THE DATA, YOU SHOULD SETTLE ALL SUCH PROBLEMS AT YOUR OWN COSTS AND RESPONSIBILITIES.
6. Limitation of Liability
JKC 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 JKC 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 DATA.
YOU WILL EQUALLY INDEMNIFY AND HOLD HARMLESS THE AUTHOR OF THE THIRD PARTY SOFTWARE FROM SUCH DAMAGES. JKC SHALL REGARD THAT YOU CONSENT TO MAKE NO CLAIM OF ANY KIND TO THE AUTHOR OF THE THIRD PARTY SOFTWARE.
The warranty of JKC shall not exceed the applicable warranty coverage of Product.
This Agreement will become effective on the date when You download and install the DATA onto the specific PC, and continue to be in effect until the shorter period of expiration date of the copyright of DATA or the termination as the article 8 below.
8. End of term
Should You breach any provision of this Agreement, JKC may terminate this Agreement without giving any notice to You. In this event, JKC may claim against You any damages caused by Your breach.
Should this Agreement be terminated, You must discontinue the use of the DATA, and shall not be allowed to possess the DATA installed in Product.
9. Export Control
You agree to comply with all applicable international and national laws and regulations regarding export control that apply to the Data and Software.
10. U.S. Government User
If you are an agency of the United States of America (the "Government"), you acknowledge JKC's representation that the Data and 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 JKC grants all commercial end users pursuant to the terms of this Agreement.
Unless otherwise signed by the lawful representative of JKC, any, amendment, modification, addition or deletion shall be void.
JKC may add and/or modify articles on this Agreement without notice. In such a case, you should agree that the new articles will be applied for usage of the DATA.
Should any of the conditions of the Agreement be void under Japanese law, the rest of the conditions remain valid.
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.