Software License Agreement

IMPORTANT
If you do not agree to the terms of this Software License Agreement, you may not use this software.

Color Swatch Utility(for Windows Me/98,Windows NT4.0,Windows 2000 and Windows XP) and documentation are provided by Kong Yue Jolimark Information Technology LTD. (hereinafter "Licensor"). 

Please read this Agreement carefully before using the software and accompanying documentation as mentioned below (hereinafter "Licensed Software"). 
By installing the Licensed Software, you are indicating your acceptance of these terms and conditions and this Agreement is deemed effective between Licensor and you (hereinafter "Licensee").

1.	Scope of the license 
Licensor grants, and Licensee accepts, a non-exclusive license to install the Licensed Software on multiple computers which are directly or through network connected to Licensor's printer product purchased by Licensee ("Printer") and to use the Licensed Software solely in conjunction with Printer. Licensee may make one copy of the Licensed Software only for backup purpose. Any copies of the Licensed Software that Licensee is permitted to make herein must contain the same copyright and other proprietary notices that appear on or in Licensed Software. Other than that, Licensee agrees not to make copies, reproduce, or allow anyone to make copies or reproduce, the Licensed Software, in whole or in part.

2.	Ownership and Restriction
(1)	Licensor owns all the copyright and proprietary rights in and to the Licensed Software. The structure, organization and code contained in Licensed Software are the valuable trade secrets of Licensor. Licensed Software is also protected by United States Copyright Law and International Treaty provisions. Licensee must treat the Licensed Software just as Licensee would any other copyrighted material, such as a book. 
(2)	Except as stated in Section 1, Licensee may not make copies rent, lease, distribute, transfer or reprint the Licensed Software, in whole or in part.
(3)	Licensee agrees not to modify, alter, translate, reverse engineer, decompile or disassemble the Licensed Software.
(4)	Except as stated in this Agreement, Licensor does not grant Licensee any intellectual property rights in or to the Licensed Software.

3.	Terms and Termination
(1)	This Agreement is effective until terminated.
(2)	The Agreement will also terminate where Licensee chooses to terminate it by destroying the Licensed Software and its documentation together with all copies.
(3)	Licensor may terminate this Agreement if Licensee fails to comply with any of the term and conditions of this Agreement. Upon termination, Licensee shall destroy Licensed Software and its copies in Licensee's possession and control.

4.	Warranty
THE LICENSED SOFTWARE IS PROVIDED "AS IS".  NEITHER LICENSOR NOR ITS SUPPLIERS WARRANT THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR WILL MEET LICENSEE'S NEEDS.  LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTY, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

5.	Disclaimer of Liability
IN NO EVENT WILL LICENSOR BE LIABLE TO LICENSEE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF SAVINGS, OR LOSS OF DATA, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE NOR FOR ANY CLAIM BY ANY THIRD PARTY(IES) IN ANY WAY ARISING OUT OF OR RELATING TO THE LICENSED SOFTWARE, WHETHER THE CLAIM ALLEGES TORTIOUS CONDUCT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY, OR FOR ANY CLAIM BY ANY THIRD PARTY. 

6.	Severability and Export restriction
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
Licensee agrees that the Licensed Software will not be shipped, transferred, exported or re-exported into any country or used in any manner prohibited by Japanese or any other applicable export laws or regulations.  Licensee agrees that it will not export or re-export the Licensed Software or products produced therefrom in any form without appropriate Japanese or any other governmental licenses. This Agreement shall automatically terminate upon failure by Licensee to comply with its terms.

7.	Entire Agreement
Licensee represents that Licensee reads and understands this Agreement and that this Agreement constitutes the entire understanding and agreement between Licensor and Licensee as to the license relating to the Licensed Software, and supersedes and replaces any prior agreement, written or oral.
The Licensee's obligations in this Agreement constitute the obligations to Licensor and all owners of the right licensed to Licensee under this Agreement.

*	Trademarks
Windows and Windows NT are registered trademarks of Microsoft Corporation.
Other company names and product names referred in this Agreement are registered trademarks or trademarks of such respective companies.


