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Software license agreement
Subject to the conditions below, JVC KENWOOD Corporation ("JKC") grants to End-User ("You") a right to use the Driver Software for the Product ("Software") for the portable headphone amplifiers model number SU-AX7 ("Product").
1. Copyright Protection, Intellectual Property Ownership
- All copyrights and other intellectual property rights in the Software are owned by JKC and its licensor(s), and remain vested in JKC and such licensor(s).
- (2)The Software is protected under the copyright laws of Japan and other countries, and related conventions.
2. Grant of License
- (1)JKC grants You a non-exclusive and non-transferable right to use the Software only in Japan, provided that you;.
a) comply with the all terms and conditions of this Agreement, and
b) register the serial number of the Product on the application form specified by JKC.
- (2)You may download and install the Software into your own personal computer ("Specific PC"), and may use the Software in the Specific PC.
- (3)You may make a copy of the Software for your back-up and archival purposes only.
- (1)This Agreement will commence upon Your downloading of the Software, and unless earlier terminated as set forth in this Agreement, will continue in perpetuity.
- (2)Should You breach any provision of this Agreement, JKC may immediately terminate this Agreement upon notice to You. Upon the termination of this Agreement, You must discontinue all use of the Software and promptly destroy the Software and any copies thereof.
4.Third Party Rights
The Software contains a third party software which JKC is granted a license from XMOS Limited. You shall refer and comply with the separate terms and conditions described in the "End User License Agreement (http://www.xmos.com/end-user-licence-agreement)". JKC shall not be responsible for any such third party software.
- (1)You have no rights except the license to use the Software as provided for in this Agreement.
- (2)You may not modify, adapt, reverse engineer, decompile, disassemble, or analyze the Software in any manner.
- (3)You have no right to grant a license to use the Software, and may not use the Software for commercial purposes, including but not limited to distribute, lease or rent the Software to any other person for any purpose.
- (4)You agree to comply with the laws and regulations of the applicable countries concerning use of the Software, and You shall not remove any copyright marks contained in the Software.
6. Limitation of Liability
- (1)THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. JKC MAKE NO GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE'S MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOULD THERE BE ANY PROBLEM ARISING FROM OR CAUSED BY THE SOFTWARE, YOU SHOULD SETTLE ALL SUCH PROBLEMS AT YOUR OWN COSTS AND RESPONSIBILITY.
- (2)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.
- (3)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 SOFTWARE.
YOU WILL EQUALLY INDEMNIFY AND HOLD HARMLESS ANY OF JKC'S LICENSORS OF THE SOFTWARE FROM SUCH DAMAGES.
If You breach any provision of this Agreement and JKC suffers damages as a result thereof, JKC may seek compensation for such damages from You.
8. Export Control
You agree to comply with all Japanese and foreign export control laws and regulations that apply to the Software.
- (1)Should any of the conditions of the Agreement be void under applicable international or national laws and regulations, the rest of the conditions shall remain valid.
- (2)The Agreement shall be governed by and interpreted under the laws of Japan. The Tokyo District Court has exclusive jurisdiction over all disputes which may arise with respect to the execution, interpretation and performance of this Agreement.
© 2014 JVCKENWOOD Corporation