
Oki Data Corporation
End User Software Agreement

Definitions: 
"Distributor" is Oki Data Corporation. 

This is a legal Agreement between you, the end user, and Distributor. By opening this sealed media package and/or by using the Software, you are agreeing to be bound by the terms of this Agreement. 

Grant of Use Right.  Distributor grants you the right to use one (1) copy of the enclosed software program and accompanying documentation (together with any upgrades supplied by Distributor, the "Software") on a single computer system at a time, subject to the terms and conditions of this Agreement. 
All rights not expressly granted herein are reserved by Distributor or its successors. 

You may: 
a.  install the Software on only one computer or workstation; 
b.  make no more than one (1) copy of the Software in machine readable form, solely for back-up purposes, and provided that you reproduce all proprietary notices on the copy; and  
c.  physically transfer the Software from one computer to another, provided that the Software is used on only one computer at a time. 

You may not: 
a.  use the Software on more than one computer or workstation at a time; 
b.  modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (except to create the back-up copy) the Software; 
c.  rent, lend, transfer, distribute, or grant any rights in the Software in any form to any person without the written consent of Distributor; or
d.  remove any proprietary notices, labels, or marks from the Software.



 
Limited Warranty and Disclaimer. Distributor warrants that for a period of ninety (90) days from the date of delivery of the Software to you, the media on which the Software is furnished will, under normal use, be free from defects in materials and workmanship.  Distributor's entire liability and your exclusive remedy under this warranty (which is subject to you returning the Software to Distributor) will be, at Distributor's option, to replace the media and terminate this Agreement. 
Except for these express limited warranties, Distributor makes, and you receive, no warranties or conditions, express, implied, statutory, or otherwise, and Distributor specifically disclaims any implied warranties of merchantability, non-infringement and fitness for a particular purpose.  Distributor does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free.  You assume the responsibility for the selection of your requirements, software, and hardware to achieve your intended results; for installation; for use; and that the operations of the Software will be uninterrupted or error free.  Some countries do not allow the exclusion of implied warranties so that the above exclusions may not apply to you.  This warranty gives you specific legal rights. You may also have other rights which vary from geographic area to geographic area. 

Proprietary Rights. This use right is not a sale of program code.  Title and copyrights to the Software and accompanying documentation, including the enclosed copies and any copy made by you, remain with Distributor or its suppliers or successors.

Limitation of Liability.  Distributor's liability arising out of this Agreement shall not exceed one thousand Japanese Yen (\1,000.-).  In no event will Distributor be liable for any loss of data, lost opportunity of profits, cost of cover, or special, incidental, consequential or indirect damages arising from the use of the Software in this Agreement, however caused and on any theory of liability.  These limitations will apply even if Distributor or an authorized dealer has been advised of the possibility of such damage, and notwithstanding any failure of essential purpose of any limited remedy. Some countries do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. 
 
Export Restrictions.  You acknowledge that any Software and data received by you from Distributor, including without limitation any confidential, proprietary or trade secret information, is subject to the Japan Export Administration Regulations.  In order to facilitate the furnishing of data by Distributor to you, you hereby gives assurance, with respect to any Japan-origin technical data (including computer software), that, unless prior authorization is obtained from the Japan Office of Export Administration, you will not knowingly: re-export, directly or indirectly, to any country to which prior authorization is required to re-export.

Termination. This agreement is effective until terminated.  You may terminate this agreement at any time by removing from your system and destroying all copies of the Software and the accompanying documentation.  Unauthorized copying of the software or the accompanying documentation or otherwise failing to comply with the terms and conditions of this Agreement will result in automatic termination of this Agreement and will make available to Distributor other legal remedies.  Upon termination of this Agreement, the use right granted herein will terminate and you must immediately destroy the Software and accompanying documentation, and all back-up copies thereof. 

Miscellaneous. This is the entire Agreement between the parties relating to the subject matter hereof and no waiver or modification of the Agreement shall be valid unless signed by each party.  The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof.  If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.  This agreement is governed by the laws of Japan without reference to conflict of laws principles.  All disputes, controversies or differences which may arise between the parties hereto, out of or in relation to or in connection with this Agreement, or any obligations hereunder by either party hereto, or for the breach thereof, shall be finally settled by arbitration without recourse to the courts.  The arbitration shall be held in Tokyo, Japan in Japanese language in accordance with the Commercial Arbitration Rules of Japan Commercial Arbitration Association.  The award rendered in the arbitration shall be final and binding upon both parties hereto and shall be enforced in any court of competent jurisdiction.
