SOFTWARE LICENSE AGREEMENT
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT (HEREINAFTER CALLED AS THE "AGREEMENT") CAREFULLY BEFORE USING "SMMS WAVE TOOL" (HEREINAFTER CALLED AS THE "SOFTWARE") AND IF YOU (HEREINAFTER CALLED AS "USER") AGREE PLEASE SELECT "AGREE". IF USER DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE SELECT "DISAGREE" AND DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
BY DOWNLOADING, INSTALLING, OR USING THE WHOLE OR A PART OF THIS SOFTWARE, YOU ARE DEEMED TO HAVE AGREED ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
For the purpose of this Agreement, "Software" means the computer programs, documents such as the manual, the information and data within the computer programs and update or upgrade version thereof, which are distributed along with this Agreement. This Software includes the open source software which is provided under the license terms and conditions of Apache license Version 2.0 and SIL Open Font License Version 1.1. User can see the license terms and conditions of such open source software in the HELP of this Software.
Intellectual Property Rights
The Software is the proprietary property of Toshiba Carrier Corporation and Toshiba Carrier Corporation owns all intellectual property rights including copyrights in the Software except for the portion which the third parties own the rights. The Software is protected under applicable laws and international conventions regarding the copyright. User shall pay serious attention to the intellectual property rights of the Software.
License of Use
(1) User may install the Software into the compatible device and use the Software only for the purpose of doing test operations and maintenance of the compatible Super Modular Multi System(SMMS) product of Toshiba Carrier Corporation (hereinafter called as "Purpose"). In addition, User may use the information and data which is obtained by the use of this Software (hereinafter called as "Data") only for the Purpose. Except for the foregoing case, User shall not install and use the Software. Further, the Software installed by User shall be immediately uninstalled or deleted when there is no more need.
(2) User shall be prepared for the compatible device at its own cost and responsibility and be responsible for any internet provider fees, telecommunications fees, connection fees, or other fees required for download, install and use the Software.
(1) User shall not reverse engineer, decompile, disassemble, or modify the Software.
(2) User shall not provide the Software for the use by plural people through internal networks or the Internet.
(3) User shall not distribute, transfer, rent, lease, or sell to anyone the Software or the right to use the Software, nor shall it grant to anyone a sublicense for the use of the Software.
(4) User shall not use the Software for a criminal act or an act that is, or is likely, in violation of laws and ordinances.
(5) User shall not use the Software for any act that infringes, or likely to infringe, property rights including the intellectual property rights, privacy, or other rights or interests of any third party including Toshiba Carrier Corporation.
(1) THIS SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE FITNESS FOR A PARTICULAR PURPOSE. TOSHIBA CARRIER CORPORATION HEREBY DISCLAIMS ANY WARRANTIES RELATING TO QUALITY, PERFORMANCE AND NONINFRINGEMENT OF THE THIRD PARTY RIGHTS OF THE SOFTWARE.
(2) In no event shall Toshiba Carrier Corporation be responsible for any conflicts between User and any third party(ies) including customer of User caused by or in connection with this Software.
(3) In no event shall Toshiba Carrier Corporation be responsible for the loss, divulgation and any other incident of the information and data within this Software.
Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, TOSHIBA CARRIER CORPORATION SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, EXPENSES OR COSTS, IF ANY, INCURRED BY USER IN CONNECTION WITH OR AS A RESULT OF THE USE OF THE SOFTWARE.
Discontinuation of Use
(1) In a case of breach of any terms and conditions of this Agreement by User, User shall immediately uninstall and delete the Software and any Data.
(2) Toshiba Carrier Corporation reserves the right to request User to stop using the Software at any time upon notice to User.
Changes of the Software and the Agreement
(1) Toshiba Carrier Corporation may make a change, modification or improvement to the Software at any time without prior notice to User.
(2) Toshiba Carrier Corporation may make a change or modification to the terms and conditions of this Agreement at any time without prior notice to User. If User uses the Software after such change or modification of the Agreement, User shall be deemed agreed to the changed or modified Agreement.
(3) Toshiba Carrier Corporation may discontinue to distributing the Software including the update and the upgrade version thereof at any time without prior notice to User.
Export Control Compliance
User shall comply with the any applicable export laws and regulations including, but not limited to, the Foreign Exchange and Foreign Trade Law of Japan and the U.S. Export Control Law and its Administration Regulations.
This Agreement shall be governed and construed by the laws of Japan (excluding its rule of choice of laws).
If any provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.