IMPORTANT. PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY.
BY Installing, USING OR LOADING the Software indicates your acceptance of the License Agreement. Please read the terms and conditions STATED below carefully before INSTALLING, USING OR LOADING the Software. The right to use the Software is licensed by Recosoft Corporation ("Recosoft") only on the condition that you agree to the License Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FROM OR DESTROY ALL COPIES.
The "Software" refers to the computer program, images, animations, electronic documentation and any other data that is provided with this License Agreement. The "Software" also refers to upgrades, updates, and any other data that Recosoft may provide later for the computer program. AGREEING TO THIS LICENSE AGREEMENT DOES NOT AUTOMATICALLY MAKE YOU ELIGIBLE FOR UPGRADES, UPDATES AND ANY OTHER DATA THAT Recosoft MAY PROVIDE LATER.
1. LICENSE
Recosoft grants you a non-exclusive and non-transferable license to use the Trial version Software for evaluation and trial purposes only for a limited time. You may not use the Software for any purpose other than trial and evaluation, including without limitation, operation of its business, development of other applications for ongoing use, or providing services to others. You may install and use one copy of the Software on only a single computer which is not used as a server.
2. COPYRIGHT
All rights and copyrights to the Software and any parts of it, BELONGS to Recosoft Corporation AND ITS LICENSORS and is protected by Japanese as well as international copyright laws. THIS AGREEMENT DOES NOT GRANT YOU ANY INTELLECTUAL PROPERTY RIGHTS TO THE SOFTWARE IN PART OR WHOLE.
3. OTHER RIGHTS AND LIMITATIONS
a. The Software and any part of it may not be transferred, re-licensed, leased, sold, resold, rented, or loaned to a third party.
b. You may not reverse engineer, de-compile, modify nor disassemble the Software or any part of it. ADDITIONALLY, you may not REDUCE THE SOFTWARE TO A HUMAN PERCEIVABLE FORM.
c. You may use the Software on only a single personal computer or workstation which is not used as a server.
d. Recosoft retains the right to modify the Software or any part of it without any notice to you.
e. If you violate this License Agreement or any part of it, or any Copyright laws, any damages caused to Recosoft or its Licensors, can be claimed from you.
4. TERMINATION OF LICENSE AGREEMENT
a. All versions of the Trial Software must be terminated within thirty (30) days of the completion of your evaluation of the Software.
b. Recosoft may terminate this license upon notice to you for failure to comply with the License Agreement. Immediately upon such notice, you must immediately destroy or return to Recosoft all copies of the Software. In this case, Recosoft is not responsible for any claims or damages arising from the termination of this license.
c. You may terminate this license by destroying all copies of the Software. In this case, Recosoft is not responsible for any claims or damages arising from the termination of this license.
5. NO WARRANTY.
a. The Software is being delivered to you "AS IS". Recosoft makes no warranty as to its use or performance nor warrant that the functions contained in the Software will meet your requirements. RECOSOFT DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. RECOSOFT GRANTS NO OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OR ADVICE WHETHER WRITTEN OR ORAL GIVEN BY RECOSOFT, ITS EMPLOYEES, OR ITS SUPPLIERS SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
b. The Software is a Trial version, does not represent final product from Recosoft, and may contain bugs, errors and other problems that could cause system or other failures and data loss, and may be incomplete and contain inaccuracies. Consequently, the Trial Software is provided to you "AS-IS", and Recosoft disclaims any warranty or liability obligations to you of any kind. Where legally liability cannot be excluded for Trial software, in no event shall Recosoft's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed $5.
c. Recosoft has no obligation to you to provide support and maintenance.
d. In no event shall Recosoft, its employees, or its suppliers be liable for any damages whatsoever, including any loss of profits, incidental or consequential damages, arising out of your use or inability to use the Software, even if Recosoft has been advised of the possibility of such damages. Some Countries/States/Jurisdictions do not allow the exclusion or limitation of liability for consequential damages or incidental damages, so the above limitations may not apply to you.
6. OTHERS
a. This agreement is governed by the laws of Japan.
b. The venue of arbitration shall be Osaka, Japan.
c. If any part of this agreement is found void and unenforceable, it will not affect the validity of the other remaining clauses or parts of the agreement, which shall remain valid and enforceable according to its terms.
d. No part of this Agreement may be modified in whole or part without the express written consent of Recosoft Corporation and duly signed by one of its officers.
