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.
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
a. You may install and use one copy of the Software on only a single computer which is not used as a server.
b. You may for backup or archival purposes only, make only a single copy of the Software. However, if you acquired the Software on a CD-ROM you may not make a copy of the Software even for backup or archival purposes.
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, relicensed, leased, 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.
3. TERMINATION OF LICENSE AGREEMENT
a. This License is automatically terminated if you upgrade to a new version of the Software. In such a case, you must stop usage and destroy all previous versions of this 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 notifying Recosoft and 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.
4. LIMITED WARRANTY
a. Recosoft warrants that the media that the Software came on is free from defects in material and workmanship for a period of 90 days from the date of purchase. If the media is found defective during this period Recosoft will exchange free of charge for a new one. Proof of date purchased must be returned with the original faulty media. However, this clause does not apply for electronically downloaded Software.
b. Except for the warranty on the media set forth above, 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. The software is delivered to you as is and Recosoft makes no warranty to its use or performance.
5. LIMITED RESPONSIBILITY
In accordance with this License Agreement, the maximum form of liability that can be pursued is (a) return of the price paid or (b) replacement of original faulty media as mentioned in the Limited Warranty above.
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.
e. Portions of the WebShocker software use LZW, a compression/decompression technology owned by Unisys Corporation, covered by U.S. Patent No. 4,558,302 and all foreign counterparts. The purchase and/or use of the Software does not authorize or permit you to use any other product or perform any other method or activity involving use of LZW unless you are separately licensed in writing by Unisys Corporation.
Unless you are separately licensed in writing by Unisys Corporation, the Software may not be used for personal computers or workstations functioning as as server; hardware and firmware; for use in providing on-line financial transactions or any other on-line electronic commerce, or for operating an on-line service, Web site, bulletin board, Web, Intranet or Internet access service, or for distribution by such entities for use in communicating with their services; for operating network access servers, Web, Intranet or Internet servers; for uploading or publishing web pages or related data and/or images to a web server and/or Internet server.
f. U.S. GOVERNMENT END USERS. The Software is a "commercial item, consisting of " commercial computer software" and "commercial computer software documentation. The software is licensed with restricted rights. Use, duplication, or disclosure is subject to the restrictions stated in FAR clause(s) 52.227-19 and/or DFARS clause(s) 252.227-7013.
