Color Data Software SpectraMagic DX

End User License Agreement (32-bit edition)

IMPORTANT: READ THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING.

Product: SpectraMagic DX (Software)

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, Inc. (hereinafter referred to as "KONICA MINOLTA") grant you a nonexclusive, limited license to install and use the Software, which includes the software itself as well as accompanying printed documents, upon the terms set forth hereunder. Said software itself includes the following files either in the form of HTML files or image files; (i) "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 one or more computers under your control which are located at your single place of business, provided, however, you shall use the protect key to the Software on your single computer at one time.
2. You may make one copy of the Software solely for backup or archival purposes, other than for installation set forth in (1) above.
3. You agree that KONICA MINOLTA may audit your use of the Software for compliance with these terms at any time, upon reasonable notice.

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 KONICA MINOLTA 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;
   i. You may not use, copy, modify, merge, revise or enhance the Software in any way.
   ii. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover the Software's source code.
   iii. You may not make others to install and/or use the Software by rental, lease, transfer, sub-license or any other method.
   iv. 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 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. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KONICA MINOLTA PROVIDES TO YOU THE SOFTWARE “AS IS”; AND KONICA MINOLTA 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 RESPONSES, RESULTS, LACK OF NEGLIGENCE.
2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KONICA MINOLTA 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 KONICA MINOLTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In case that the foregoing is not permitted by applicable law, however, KONICA MINOLTA shall be liable for any direct damages arising out of or in any way related to the use of or inability to use the software only to the extent as provided in Article 4-(3).
3. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KONICA MINOLTA UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO KONICA MINOLTA FOR THE SOFTWARE.

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. KONICA MINOLTA 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, Inc., Sensing Business Unit facility or distributor.