License

You might also like

Download as rtf, pdf, or txt
Download as rtf, pdf, or txt
You are on page 1of 2

License Agreement

Article1. GRANT OF LICENSE.


Casio Computer Co., Ltd. (“Casio”) grants you, subject to this Agreement, the following non-exclusive, non-
transferable license to use the Software (“Software”) and materials accompanying the Software (collectively,
“Product”) according to the types of the licenses you purchase:
(1) SINGLE LICENSE.
You may use the Software on a single computer.
(2) SCHOOL LICENSE.
If you are an educational institution, including without limitation, elementary school, secondary school, college
or university (“School”), you are eligible to obtain this School License and may, for the educational or research
purposes only, use the Software on an unlimited number of computers within your single campus; provided,
you shall limit the users of the Software to the pupils, students, faculty, staff and administration attending
and/or working at your School.

Article2. PROHIBITION.
2.1 You shall not reverse engineer, decompile, or disassemble the Software.
2.2 You shall not, in whole or part copy, modify, translate, or adapt the Product except as expressly authorized
herein.
2.3 You shall not sublicense, rent, assign, transfer, distribute, or otherwise dispose of the Product whether with
or without consideration except as expressly authorized herein.
2.4 You shall not remove or destroy any logos, copyright, trademark, and other proprietary markings of Casio
from the Product.

Article3. DISCLAIMER.
3.1CASIO PROVIDES THE PRODUCT "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES THAT THE
PRODUCT IS FREE OF DEFECTS, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS,
OR THAT ERRORS IN THE PRODUCT WILL BE CORRECTED, AND THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT OF RIGHTS OF THIRD PARTIES.
3.2IN NO EVENT SHALL CASIO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY AND
ALL DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE
OF OR INABILITY TO USE THE PRODUCT (INCLUDING BUT NOT LIMITED TO LOSS OF DATA
OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
PARTIES), EVEN IF CASIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR
OTHERWISE) UPON WHICH THE CLAIM IS BASED.

Article4. MEDIA WARRANTY.


Casio warrants to you that the media containing the Software will be free of physical defects for a period of
ninety (90) days from the date of your purchase as evidenced by a copy of the applicable purchase receipt.
Casio's entire liability and your exclusive remedy as to the said media shall be either: (a) refund of the
purchase price you paid; or (b) replacement of the media which is returned to Casio postage prepaid with a
copy of the applicable purchase receipt. In the event of replacement, the replaced media will be warranted for
the remainder of the original warranty period or thirty (30) days from the date of replacement, whichever is the
longer.

Article5. TERM.
This Agreement is effective until the termination of this Agreement, provided however, in the event that the
Software is the Single License for trial, this Agreement is effective during the trial period.
Article6. TERMINATION.
6.1 Casio may, without prejudice to any other rights or remedies, terminate this Agreement without giving any
notice to you with immediate effect, if you fail to perform any provision of this Agreement.
6.2 Upon termination of this Agreement, you shall immediately cease and desist using the Software and
destroy the Software and the copies thereof.

Article7. INTELLECTUAL PROPERTY RIGHTS


Casio and its licensor, as the case may be, own any and all right, title and interest in and to the Product,
including copyright and any other intellectual property rights. Except as expressly provided for herein, no
right, title, or interest in or to the Product is granted to you under this Agreement.

Article8. NON-ASSIGNMENT.
You shall not have the right to assign or otherwise transfer its rights and obligations under this Agreement
without a prior written consent of Casio.

Article9. EXPORT.
You shall not export, re-export or import the Product and the copies thereof, directly or indirectly to, or for
use in, any country without the prior written authorization of the relevant governmental authorities.

Article10. SEVERABILITY.
If any one or more of the provisions of this Agreement are held invalid or unenforceable, the validity or
enforceability of the remaining provisions hereof shall not be affected thereby unless the effect of such partial
invalidity or unenforceability would be to destroy the fundamental purpose of this Agreement.

Article11. WAIVER.
Any waiver by a party of any breach or default by the other of any of its obligations hereunder and any failure
by the non-breaching party to enforce any rights arising hereunder shall not be construed as a waiver of any
other breach or default by the non-breaching party or of its right to enforce its rights arising hereunder in any
other circumstances.

Article12. ENTIRE AGREEMENT.


This Agreement constitutes the entire agreement between you and Casio with respect to the subject matter
hereof and supersedes any and all prior relevant agreements between the parties hereto.

Article13. GOVERNING LAW.


This Agreement shall be construed and controlled by the laws of Japan.

Article14. ARBITRATION.
All dispute, controversy or claim arising out of or in connection with this Agreement shall be finally settled by
arbitration in Tokyo, Japan in accordance with the Commercial Arbitration Rules of the Japan Commercial
Arbitration Association.

Article15. WAIVER OF SOVEREIGN IMMUNITY.


If you are a national or public school, a governmental or public institution, or any other governmental or public
entity, you hereby waive and agree to waive in any proceedings for the enforcement of this Agreement, any
and all privileges or sovereign immunity, including the privilege of sovereign immunity from suit or immunity
of the property from attachment or execution, to which it may be entitled under international or domestic laws,
as a procedural defense or otherwise.

You might also like