PLEASE READ THE TERMS OF THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE INSTALLING, DOWNLOADING OR USING THE SOFTWARE PROGRAM THAT ACCOMPANIES THIS AGREEMENT. THIS AGREEMENT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. IF YOU DO NOT AGREE TO ALL THESE TERMS, DO NOT INSTALL, DOWNLOAD OR USE THE SOFTWARE. FIXSTARS CORPORATION RESERVES THE RIGHT TO CHANGE OR UPDATE ANY PART OF THIS AGREEMENT FROM TIME TO TIME WITHOUT PRIOR NOTICE. THE LATEST AND MOST CURRENT AGREEMENT CAN BE FOUND ON FIXSTARS CORPORATION’S WEBSITE.
GRANT OF LICENSE. This is a license agreement and NOT an agreement for sale. Fixstars Corporation and its subsidiary companies (“Fixstars”) license you to use of the software program that accompanies, or to which you are provided access in connection with this Agreement (the “Licensed Program”) only as permitted by this Agreement and it retains all rights not expressly granted to you in this Agreement.
TRIAL USERS.This software is a trial version. Notwithstanding any provision to the contrary in this Agreement, you are only granted a limited, non-exclusive, non-transferable and non-renewable license to use the Licensed Program solely for the specific purpose of evaluating the Licensed Program for the period approved in writing by Fixstars (the “Trial Period”). Notwithstanding any provision to the contrary in this Agreement, at the end of the Trial Period your right to use the Licensed Program shall terminate and, unless you enter into a separate license agreement with Fixstars for the Licensed Program, you shall have no further right to use the Licensed Program. All trial versions of the Licensed Program are granted “AS IS” and under no circumstances will Fixstars have any liability to you for any trial use.
TRIAL PERIOD. The current trial period is until 12/31/2017.
COPYRIGHT. The Licensed Program is a proprietary product of Fixstars and is protected by copyright law and international treaties. Fixstars retains title to and ownership of the Licensed Program, including the enclosed copies and each copy that you are authorized by this Agreement to make.
SCOPE OF RIGHTS; RESTRICTIONS ON USE. This non-exclusive, nontransferable (except as set forth in this Agreement), worldwide, fully-paid, perpetual license to the object code version of the Licensed Program gives TRIAL USERS the non-exclusive right to use (in accordance with this Agreement) the Licensed Program solely on computers that Fixstars managed. Neither you nor anyone else may use the Licensed Program on other computers. You may use the Licensed Program only for its intended uses. You may not offer the benefits or services of the Licensed Program to third parties, whether such arrangement is in the nature of a service bureau, an out-sourcing service or any other similar service or business.
You may NOT copy the Licensed Program. You may copy each of the electronic version (PDF) of the manuals and sample programs for the Licensed Program.
You may NOT rent, lend, lease, grant a security interest in, sublicense or otherwise transfer rights in the Licensed Program.
You may NOT disassemble, decompile or “unlock,” reverse translate, or in any manner decode, customize, or modify the Licensed Program for any reason unless enforcement of this provision is prohibited by law. You agree to indemnify Fixstars and its affiliates, officers, directors, employees, and agents for any claims related to modifications you make to the Licensed Program.
THE LICENSED PROGRAM IS NOT DESIGNED, INTENDED, OR AUTHORIZED FOR USE IN ANY TYPE OF SYSTEM OR APPLICATION IN WHICH THE FAILURE OF THE LICENSED PROGRAM COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR (E.G MEDICAL SYSTEMS, LIFE SUSTAINING OR LIFE SAVING SYSTEMS). Should you use the Licensed Program for any such unintended or unauthorized use, you shall indemnify and hold Fixstars and its officers, subsidiaries and affiliates harmless against all claims, costs, damages, and expenses, and reasonable attorney fees arising out of, directly or indirectly, any claim of product liability, personal injury or death associated with such unintended or unauthorized use, even if such claim alleges that Fixstars was negligent regarding the design or manufacture of the part.
THIRD PARTY PROGRAMS. The Licensed Program contains third-party programs. The license terms with those programs apply to your use of them.
WARRANTY DISCLAIMER. FIXSTARS DOES NOT WARRANT THAT THE LICENSED
PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE
ERROR-FREE. THE LICENSED PROGRAM IS PROVIDED “AS IS” AND NEITHER FIXSTARS NOR ANY LICENSOR SHALL HAVE ANY LIABILITY FOR THE LICENSED PROGRAM OR ANY SERVICES PROVIDED IN FURTHERANCE OF THIS AGREEMENT. FIXSTARS (INCLUDING ITS LICENSOR(S)) MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMMUNICATION; AND FIXSTARS SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY. FIXSTARS’ LIABILITY TO YOU FOR ANY LOSSES SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE LICENSED PROGRAM. IN NO EVENT WILL FIXSTARS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS OR LOSS OF DATA).
TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of the Licensed Program. In the event of any material breach of this Agreement, the non-breaching party may terminate this Agreement following written notice and a period of thirty days to cure the breach if the breach remains uncured at the end of such period. Upon termination, you must destroy all copies of the Licensed Program.
UPDATES AND SERVICES. Your right, if any, to receive updates, bug fixes, and maintenance releases and the like (“Updates”), new versions or upgrades (“Upgrades”) or support services (“Support Services”) for the Licensed Program shall be set forth on Fixstars’ website. Please carefully review the Fixstars’ website for such Updates, Upgrades and Support Services terms and conditions that may be applicable to the Licensed Program. Except for such rights to Updates, Upgrades and Support Services (if any and if applicable) set forth on Fixstars’ website (and your payment of a separate fee, if applicable), nothing in this Agreement shall be construed as to grant you any rights or licenses with respect to Updates, Upgrades and Support Services for the Licensed Program. This Agreement does not obligate the Company to provide any Updates, Upgrades or Support Services. Notwithstanding the foregoing, any Update or Upgrade that you may receive become part of the Licensed Program and the terms of this Agreement apply to them (unless this Agreement is superseded by a succeeding agreement accompanying such Update, Upgrade or modified version of the Licensed Program).
UNITED STATES GOVERNMENT END-USER NOTICE. The Licensed Program is a “Commercial Item,” as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. §§12.212, 227.7202-1 through 227.7202-4, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end-users (a) only as Commercial Items and (b) with only those rights as are granted to all other end-users pursuant to the terms and conditions herein.
EXPORT REGULATIONS. The Licensed Program and documentation may be subject to export or import regulations in Japan, the United States and other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
MISCELLANEOUS. Any action related to this Agreement will be governed by Japanese law. Both parties agree that all disputes arising between them and related to this Agreement in any respect, and the enforcement of this Agreement, shall be resolved only and exclusively in Tokyo, Japan. No choice of law rules of any jurisdiction will apply. If any provision (or portion thereof) of this Agreement is determined by a court to be unenforceable as drafted, such provision shall be deemed omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. This Agreement is the entire agreement between you and Fixstars relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of Fixstars.
©2017 Fixstars Corporation. All rights reserved worldwide.