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End User License Agreement(Upgrade version)

IMPORTANT: READ THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING.

Product: Upgrade version of the SpectraMagic NX

You may download, install and use the Software only when you agree with the terms of this license agreement. If you do not agree with the terms of this license agreement, you may not download the Software.
KONICA MINOLTA SENSING, INC. (hereinafter referred to as "KMSE") provides the Software only to you who have purchased the KMSE’s SpectraMagic NX software (hereinafter referred to as " SpectraMagic NX "). If you have not the SpectraMagic NX, you may not download the Software.

KMSE grant only you, who have purchased the SpectraMagic NX, a nonexclusive, limited license to download, install and use the Software upon the terms set forth hereunder. Software includes document files as well as the following files either in the form of HTML files or image files; (i) "Operation Guide Files" which are stored in the "Navigation" folder at the time of installation of the software, and (ii) "Precise Color Communication Files" which are stored in the "Color" folder at the time of installation of the software.

Nothing herein contained shall be construed as granted to you any intellectually property right, which includes copyrights, regarding with the Software except as expressly provided for hereunder.

1. Grant of License

1. You may download, install and use the Software on a single computer at the same time solely for the purposes of upgrading the SpectraMagic NX.
2. You may make a copy of the Software solely for backup purposes.
3. You may modify, copy, transfer or resell the Operation Guide Files (including the modified ones), which are included in the Software, solely for the purpose of using it as operation guide of the Software.

2. Any Right

1. All rights, including but not limited to copyrights and other intellectual property rights, to the Software (including printed materials and online documentation) are owned by KMSE or third party licensors.
2. The Software is protected by copyright laws, any other law or any international treaty.

3. RESTRICTIONS

1.Except as expressly permitted by this agreement and/or applicable laws;

1. You may not use, copy, modify, merge, revise or enhance the Software in any way.
2. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover the Software's source code.
3. You may not make others to install and/or use the Software by rental, lease, transfer, sub-license or any other method.
4. You may not place the Software onto a server so that it is accessible via a public network.

2.You agree that you will not export or re-export the Software in any form in violation of any applicable laws and regulations regarding export control of the country in which you obtained them or the United States.

4. Warranty and Liability

1. KMSE PROVIDES TO YOU THE SOFTWARE “AS IS”; AND KMSE HEREBY DISCLAIMS WITH RESPECT TO THE SOFTWARE ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUS, ACCURACY OR COMPLETENESS OF RESPONSE.
2. IN NO EVENT SHALL KMSE BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF KMSE OR THIRD PARTY LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. TERMINATION

1. You may terminate this agreement at any time by destroying the Software and all your copies of it, as well as all other related documents.
2. KMSE may terminate this agreement if you fail to comply with these terms. Upon such termination, you agree to destroy the Software and all your copies of it, as well as all other related documents.

6. Applicable laws

This license agreement is governed by the laws of Japan.

7. Severability

In the event that any part or parts of this agreement shall be held illegal or null and void by any court or administrative body of competent jurisdiction, such determination shall not affect the remaining parts of this agreement, and they shall remain in full force and effect as if such part or parts determined illegal or void had not been included.

8. NOTICE TO U.S. GOVERNMENT END USERS

If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees: (i) if the Software is supplied to the Department of Defense (DoD), the Software is classified as "Commercial Computer Software" and the Government is acquiring only "restricted right" in the Software as that term is defined in Clause 252.227.7013(c)(1) of the DFARS; and (ii) if the Software is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the Software will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to FAR.

If you have any questions concerning this license agreement, please contact the nearest authorized Konica Minolta Sensing facility or distributor.