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LICENSE.TXT
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2001-07-13
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End-User License Agreement for Brother Software
IMPORTANT-PLEASE READ CAREFULLY:This End-User License Agreement
("EULA") is a legal agreement between you and Brother Industries, Ltd.
("Brother"),which governs your use of Brother software that will be
installed if you press "Yes" button on this Dialog Box ("SOFTWARE").
By pressing "Yes", you agree to be legally bound by the terms of this
EULA. If you do not agree to the terms of this EULA, Brother is
unwilling to license the SOFTWARE to you. In such case, you may not
use the SOFTWARE.
Terms and Conditions.
1. Ownership.
All right, titles and interest in and to the SOFTWARE and the
materials associated therewith are owned by Brother or its
suppliers.The SOFTWARE is licensed but not sold.
2. Grant of License.
2.1 Brother grants you a non-exclusive license to install and use one
copy of the SOFTWARE on one computer hardware.
2.2 Brother further grants you a license to make only one copy of the
SOFTWARE solely for archival purposes. Any such copy shall also
reproduce all copyright and intellectual property rights notices.
2.3 Except for expressly stipulated in Sections 2.1 and 2.2 above,
Brother does not grant you any license relating to the SOFTWARE.
Especially, you may not (i) make any copies of the SOFTWARE except
as expressly permitted in accordance with Sections 2.1 and 2.2 of
this EULA, (ii) make any copies of the materials associated with
the SOFTWARE, (iii) modify the SOFTWARE, (iv) reverse engineer,
disassemble, decompile or use the SOFTWARE to create any
derivative software, unless such activity is expressly permitted
by applicable law notwithstanding this limitation, (v) use the
SOFTWARE on more than one computer hardware concurrently, or (vi)
rent or lease the SOFTWARE.
3. Transfer.
You may permanently transfer the SOFTWARE to any person, provided
that when you transfer the SOFTWARE, you must deliver such person
all material in the package of the SOFTWARE (including all
component parts, the media and printed materials and any upgrades)
, but must not deliver such person a copy of the SOFTWARE you made
in accordance with Section 2.2 of this EULA, and that the
recipient agrees to the terms of this EULA. Upon transfer, you
must erase the copies of the SOFTWARE you made in accordance with
Sections 2.1 and 2.2 of this EULA.
4. Warranty.
4.1 Brother warrants that the SOFTWARE will perform substantially in
accordance with the specifications thereof for a period of 90 days
from the date you first receive the SOFTWARE. Upon Brother's
receipt of, and agreement with, your notice that the SOFTWARE does
not substantially perform in accordance with specifications
thereof, Brother will replace the SOFTWARE with another that will
perform.
4.2 The replacement of the SOFTWARE by Brother as set forth in Section
4.1 of this EULA is Brother's entire liability and your sole and
exclusive remedy.
4.3 The above warranty does not apply to any non-performance by the
SOFTWARE that are caused by (i) an accident, (ii) improper or
inadequate maintenance or calibration, (iii) connection or merger
with any software, apparatus or other material not furnished by
Brother, or (iv) modification or alteration to the SOFTWARE by you
or anyone else.
5. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BROTHER
EXPRESSLY DISCLAIMS ANY OTHER LIABILITY THAN AS SET FORTH IN
ARTICLE 4 OF THIS EULA, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE.
FURTHER, IN NO EVENT SHALL BROTHER BE LIABLE FOR ANY LOSS OF
PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF USE OR OF
DATA, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL,
INCIDENTIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF
ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE,
EVEN IF BROTHER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
6. Term.
This Agreement will become effective upon your acceptance and
continue in effect unless you transfer or cease to use the
Software. However, Brother may terminate this Agreement without
notice if you breach any of its provisions.
7. Export Regulations.
You may not export or re-export the Software or any copy or
adaptation thereof in violation of any applicable laws or
regulations.
8. Governing Laws.
This English language translation of the original Japanese
language Agreement is governed and controlled under the
jurisdiction of the laws of Japan. If any of the provisions of
this Agreement shall be declared void, such provisions shall be
severable and independent from the other provisions of this
Agreement, and the validity of the other provisions and of the
entire Agreement shall not be affected.