Software Development Kit CL-SDK
End User License Agreement
IMPORTANT: READ THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING.
Product: Software Development Kit CL-SDK
PLEASE READ CAREFULLY THE LICENSE AGREEMENT BELOW ("AGREEMENT") BEFORE DOWNLOADING, INSTALLING OR USING THIS SOFTWARE DEVELOPMENT KIT AND ATTACHED DOCUMENTS ("SDK"). DOWNLOADING, INSTALLING OR USING THE SDK SHALL BE DEEMED YOUR LAWFUL ACCEPTANCE OF THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THEM, DO NOT DOWNLOAD, INSTALL, OR USE THE SDK.
1. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
This is a license agreement and not an agreement for sale. Konica Minolta, Inc. ("Konica Minolta") owns, or has been licensed from other owners ("Konica Minolta Licensor"), copyrights and other intellectual property rights of the SDK, and any and all rights and title to the SDK and any copy made from it are retained by Konica Minolta or Konica Minolta Licensor. In no event, this Agreement shall be deemed to assign any copyright and/or any intellectual property rights of the SDK from Konica Minolta or Konica Minolta Licensor to you. The SDK is protected by copyright laws and international treaty provisions.
2. LICENSE
Subject to your compliance with this Agreement, Konica Minolta hereby grants to you a license to use, copy and modify the SDK solely for the purpose of developing software that is used for Konica Minolta's Illuminance Spectrophotometer CL-500A.
3. RESTRICTIONS
(1) You shall not without the written consent of Konica Minolta:
(i) Sublicense, rent, lease or distribute the SDK;
(ii) Reverse engineer, reverse assemble, reverse compile or any other way analyze the SDK; or
(iii) Remove, use, or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the SDK.
(2) You agree that you will not export the SDK in any form in violation of any applicable laws and regulations regarding export control of any country.
4. DISCLAIMER OF WARRANTIES
(1) THE SDK IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES WHATSOEVER. KONICA MINOLTA, ITS AFFILIATE COMPANIES AND KONICA MINOLTA LICENSOR DISCLAIM ALL WARRANTIES WITH REGARD TO THE SDK, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
(2) IN NO EVENT WILL KONICA MINOLTA, ITS AFFILIATE COMPANIES NOR KONICA MINOLTA LICENSOR BE LIABLE FOR ANY LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM USE OR INABILITY TO USE THE SDK, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION OR ANY AND ALL OTHER COMMERCIAL OR OTHER DAMAGES OR LOSSES, EVEN IF KONICA MINOLTA, ITS AFFILIATE COMPANIES OR KONICA MINOLTA LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY YOU BASED ON A THIRD PARTY CLAIM.
5. TERMINATION
You may terminate this license at any time by destroying the SDK and all your copies of it. This Agreement shall also terminate if you fail to comply with any terms hereof. Upon such termination, you must immediately destroy all copies of the SDK in your possession.
6. GOVERNING LAW
This Agreement shall be 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 effect 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. U.S. Government Restricted Rights Notice
If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. Use, duplication or disclosure by the Government is subject to restrictions as set forth in the Rights in the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, subdivision (b) (3) (ii) or subparagraph (c) (1) (ii), as appropriate. Further use, duplication or disclosure is subject to restrictions applicable to restricted rights software as set forth in FAR 52.227-19 (c) (2).
If you have any questions concerning this license agreement, please contact the nearest authorized Konica Minolta, Inc., Sensing Business Unit facility or distributor.
