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| 1 | +Software License Agreement |
| 2 | + |
| 3 | +Copyright (c) Star Micronics Co., Ltd. All rights reserved. |
| 4 | + |
| 5 | +This Agreement made and entered into by and between you and Star Micronics Co., Ltd. (hereinafter |
| 6 | +referred to as "Star") stipulates the terms and conditions pertaining to the licensing of the software. |
| 7 | +Please read this Software License Agreement ("Agreement") carefully before installing or using the software |
| 8 | +and accompanying data (hereinafter referred to as "the Software"). By installing the Software, you are |
| 9 | +agreeing to be bound by this Agreement. If you do not agree to the terms of this Agreement, you are not |
| 10 | +entitled to install the Software. References to "Software" in this Agreement include any accompanying |
| 11 | +documentation furnished by Star. |
| 12 | + |
| 13 | +1. Permitted License Uses |
| 14 | + |
| 15 | +During the term of this Agreement, Star grants to you a nonexclusive, non-transferable license to use |
| 16 | +the Software you're your own use subject to the terms and conditions of this Agreement. Except for this |
| 17 | +limited license, Star reserves all other rights in the Software. The rights granted herein are limited to Star's |
| 18 | +intellectual property rights in the Software. Only for the purpose of using a Star product, you may install |
| 19 | +the Software on a computer that is directly or via a local area network connected to the Star product. |
| 20 | + |
| 21 | +2. Restrictions on Permitted License Uses |
| 22 | + |
| 23 | +You may not reverse engineer, disassemble, or decompile with regard to the Software or otherwise |
| 24 | +attempt to discover the trade secrets in the Software. In addition, you may not copy, reproduce, alter, |
| 25 | +modify or create derivative works of the Software or any part thereof. Notwithstanding the provision |
| 26 | +above, you may analyze, copy, or alter the binary data (object code) of the part of source code disclosed |
| 27 | +out of the Software. You may not sublicense, transfer, rent, lease, or redistribute the Software to a third |
| 28 | +party. Star is not obligated to provide any maintenance, technical or other support for the Software. You |
| 29 | +may use the Software only with a Star product and you are not permitted to use the Software for any |
| 30 | +product other than a Star product. |
| 31 | + |
| 32 | +3. Intellectual Property Rights |
| 33 | + |
| 34 | +Copyrights, patents and any other intellectual property rights in the Software shall belong to Star or Star's |
| 35 | +licensors. This is a license, not a sale. |
| 36 | + |
| 37 | +4. Termination |
| 38 | + |
| 39 | +This Agreement is effective until terminated. Your rights under this Agreement will terminate |
| 40 | +automatically without notice from Star if you fail to comply with any term(s) of this Agreement. Upon the |
| 41 | +termination of this Agreement, you shall cease all use of the Software and destroy all copies, full or partial, |
| 42 | +of the Software. |
| 43 | + |
| 44 | +5. Disclaimer of Warranties |
| 45 | + |
| 46 | +You expressly acknowledge and agree that use of the Software is at your sole risk and that the entire risk |
| 47 | +as to satisfactory quality, performance, accuracy and efforts is with you. The Software is provided "as is", |
| 48 | +with all faults and without warranty of any kind, and Star and Star's licensors hereby disclaim all warranties |
| 49 | +and conditions with respect to the Software, either express, implied or statutory, including, but not |
| 50 | +limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness |
| 51 | +for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Star |
| 52 | +does not warrant against interference with your enjoyment of the Software, that the functions contained |
| 53 | +in the Software will meet your requirements, that the operation of the Software will be uninterrupted or |
| 54 | +error-free, or that defects in the Software will be corrected. No oral or written information or advice given |
| 55 | +by Star or Star authorized representative shall create a warranty. Should the Software prove defective, you |
| 56 | +assume the entire cost of all necessary servicing, repair, or correction. |
| 57 | + |
| 58 | +6. Limitation of Liability |
| 59 | + |
| 60 | +To the extent not prohibited by law, in no event shall Star be liable for personal injury, or any incidental, |
| 61 | +special, indirect or consequential damages whatsoever, including, without limitation, damages for loss |
| 62 | +of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or |
| 63 | +related to your use or inability to use the Software, however caused, regardless of the theory of liability |
| 64 | +(contract, tort, or otherwise) and even if Star has been advised of the possibility of such damages. In any |
| 65 | +event, Star shall not be liable for any damages, in the aggregate, regardless of type or kind, whether in |
| 66 | +contract or tort, in excess of the actual license fees, if any, paid by you for the Software in the three (3) |
| 67 | +months immediately preceding the first event giving rise to liability. |
| 68 | + |
| 69 | +7. Governing Law and Severability |
| 70 | + |
| 71 | +This Agreement will be governed by and construed in accordance with the laws of Japan. If for any |
| 72 | +reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the |
| 73 | +remainder of this Agreement shall continue in full force and effect. |
| 74 | + |
| 75 | +8. Third-party Software |
| 76 | + |
| 77 | +If the whole or part of the Software includes any third-party software or intellectual property right |
| 78 | +including, but not limited to, open source software (hereinafter referred to as the "Third-party Software"), |
| 79 | +you shall comply with the terms and conditions of the license granted by the third party related to your |
| 80 | +use of the Third-party Software. In no event shall any of the provisions of this Agreement be construed as |
| 81 | +a limitation on the right of the third party to enforce each and every terms and conditions of the license. |
| 82 | +In no event shall Star be liable for any limitation on the use of the Software, which might be imposed by |
| 83 | +enforcement of the license by the third party. If the Software includes the Third-party Software, you will |
| 84 | +find the particulars thereof including the licensing conditions in the "SoftwareLicenseAgreementAppendi |
| 85 | +x.pdf". All Third-party Software is provided as-is, with all faults and without warranties of any kind. |
| 86 | + |
| 87 | +9. Compensation for damages |
| 88 | + |
| 89 | +If you fail to comply with any term of this Agreement, Star has the right to terminate this Agreement and |
| 90 | +any other agreement made with you and claim compensation for damages suffered resulting from such |
| 91 | +termination. |
| 92 | + |
| 93 | +September 14, 2015 |
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