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0% found this document useful (0 votes)
35 views5 pages

License Scannap

Uploaded by

Miftahul Ilham
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 5

END-USER LICENSE AGREEMENT

FOR ScanSnap Organizer V5.6L41

This End-User License Agreement ("EULA") is a legal agreement between


the user of this software ("You") and PFU Limited ("PFU") for governing
the use of PFU software known as ScanSnap Organizer ("Software").

BY INSTALLING, COPYING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY


THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA,
YOU ARE NOT PERMITTED TO USE THE SOFTWARE. IF YOU PURCHASED THE
SOFTWARE BUT YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA,
YOU MAY RETURN THE SOFTWARE TO THE PLACE OF PURCHASE TO RECEIVE A FULL
REFUND, IF APPLICABLE. IF YOU DOWNLOAD OR INSTALL THE SOFTWARE ON BEHALF
OF YOUR EMPLOYER, YOU REPRESENT THAT YOU ARE ACTING ON BEHALF OF YOUR
EMPLOYER AND ARE AUTHORIZED TO ACCEPT THESE TERMS AND CONDITIONS ON ITS
BEHALF (SUCH EMPLOYER BEING HEREINAFTER REFERRED TO AS "YOU"). YOU AGREE
THAT YOU HAVE READ AND UNDERSTAND THIS EULA.

1. Grant of License; Installation and Use


(1) PFU hereby grants You a non-exclusive and non-transferable license
to possess and use the Software in machine-readable object code,
subject to the terms and conditions of this EULA. You agree that
You are licensing the Software for Your end use (internal business
purpose) only and not for resale or redistribution. All Your rights
hereunder are subject to and conditioned upon Your complying with
all of the other terms and conditions of this EULA.
(2) You may install and use the Software on any one (1) computer at a
time, unless otherwise granted by PFU. Sharing of the Software on
multiple computers is strictly prohibited and would be a material
breach of this EULA.
(3) You acknowledge and agree that the terms and conditions of this
EULA also apply to any updates, upgrades, and supplements to the
Software.

2. Backup Copy
You may make one (1) backup copy of the Software solely for archival
purposes.

3. Restrictions
(1) You shall not: (a) sell, lease, assign, transfer, sublicense,
disseminate, modify, translate, disclose, duplicate, reproduce or
copy the Software (or permit any of the foregoing to be done by any
other party), except as expressly stated herein, without the prior
written consent of PFU; (b) except to the extent expressly permitted
by applicable law, reverse engineer, reverse compile or reverse
assemble the Software or otherwise attempt to create the source code
from the Software; (c) rent, lease, lend or otherwise provide to any
third party for commercial hosting services using the Software;
(d) make any copies of the Software, other than as permitted by this
EULA; or (e) create any derivative work thereof. You agree to treat
the Software as the confidential and proprietary information of PFU
or its licensors and suppliers.
(2) YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS DESIGNED, DEVELOPED
OR MANUFACTURED AS CONTEMPLATED FOR GENERAL USE, INCLUDING WITHOUT
LIMITATION, GENERAL OFFICE USE, PERSONAL USE, HOUSEHOLD USE, AND
ORDINARY INDUSTRIAL USE, BUT NOT DESIGNED, DEVELOPED OR MANUFACTURED
FOR ANY USE THAT MAY GIVE RISE TO FATAL RISKS OR DANGERS OR FOR ANY
USE THAT COULD LEAD TO DEATH, PERSONAL INJURY, SEVERE PHYSICAL DAMAGE,
OR OTHER LOSS IN THE ABSENCE OF EXTREMELY HIGH SAFETY REQUIREMENTS
BEING FOLLOWED (EACH OF SUCH USES BEING HEREINAFTER REFERRED TO AS
A "HIGH SAFETY REQUIRED USE"). HIGH SAFETY REQUIRED USES SHALL
INCLUDE WITHOUT LIMITATION, NUCLEAR REACTION CONTROL IN NUCLEAR
FACILITIES, AIRCRAFT FLIGHT CONTROL, AIR TRAFFIC CONTROL, MASS
TRANSPORT CONTROL, MEDICAL LIFE SUPPORT SYSTEMS, AND MISSILE LAUNCH
CONTROL IN WEAPON SYSTEMS. PFU DISCLAIMS ANY LIABILITY FOR DAMAGES
CAUSED BY USE OF THE SOFTWARE IN ANY HIGH SAFETY REQUIRED USE. YOU
AGREE NOT TO USE THE SOFTWARE IN ANY HIGH SAFETY REQUIRED USE. PFU
DISCLAIMS ANY AND ALL LIABILITY FOR DAMAGES CAUSED BY YOUR USE OF
THE SOFTWARE IN ANY HIGH SAFETY REQUIRED USE.
(3) You acknowledge and agree that the Software is not designed to
protect computers or computer networks against unauthorized access
or computer viruses and that neither PFU nor any of its affiliated
companies, suppliers or resellers is liable for any damage to the
Software, or to Your computers or computer networks, caused by such
unauthorized access or computer viruses. You shall take proper
security measures to avoid such unauthorized access or computer
viruses.
(4) Nothing in this EULA is intended to limit any non-waivable right
to decompile the Software to which You may be entitled under
applicable law. For example, if You are located in the European
Union (EU), You may enjoy the right to decompile the Software
-- if certain conditions are met as specified in such law
-- if necessary in order to achieve interoperability between (i)
the Software and (ii) other applicable software, on the condition
that You have first asked PFU in writing to provide the information
necessary to achieve such interoperability and PFU has not provided
such information available. You are advised that information
supplied by PFU or discovered through decompilation of the Software
shall be used only for those purposes expressly permitted by
applicable law, and You are advised to consult such law and obtain
legal counsel (if necessary) to achieve this compliance.

4. Third Party Software and Services


(1) The Software has the linkage function with third party software
and services (hereinafter, "Third Party Software") and Third Party
Software is a service provided by the service providers of each
Third Party Software (hereinafter, "Providers"), but not by PFU.
Third Party Software shall not constitute any part of the Software.
PFU shall not be responsible for providing any support service or
maintenance service of Third Party Software to you.
(2) In the event that Third Party Software has a problem with its
operation or the Software has lost linkage function with Third Party
Software, (hereinafter, "Linkage Function"), the Linkage Function
may be unavailable. In such case, PFU shall not be responsible for
refunding any price you paid.
(3) All information and data uploaded to Third Party Software through
the Software will be sent to and stored by the corresponding
Providers (not PFU).
(4) PFU SHALL NOT BE UNDER ANY LIABILITY FOR ANY LOSS, CORRUPTION,
ILLEGAL USE OR DISCLOSURE OF YOUR INFORMATION AND DATA UPLOADED TO
PROVIDERS.

5. Reservation of Rights and Ownership


(1) You agree that no title to, or intellectual property rights in,
including, without limitation, any trade secret, copyright, patent
and trademark, or any other interest in any Software, is transferred
hereunder to You, with the exception of the licenses granted to You
in this EULA. You agree that You will not take or cause to be taken
any action that would challenge the validity or enforceability of
any of PFU's intellectual property rights to Software or any
technology included therein.
(2) You shall not change or remove any copyright notices contained
within the Software and its copy.

6. Assignment
You may not assign or otherwise transfer these terms or your rights
and obligations under this EULA, in whole or in part, without PFU's
written consent.

7. Software Support
Support for the Software is not provided by PFU or its affiliates
unless you purchase support service for the Software. For purchase of
support service for the Software, please contact your supplier.

8. Export Control
The Software is subject to U.S. export control laws and regulations
and may also be subject to import and export laws of the jurisdiction
in which it was obtained, if outside the U.S. You shall abide by all
applicable export control laws, rules and regulations applicable to
the Software. You agree that You will not export, re-export, or
transfer the Software, in whole or in part, to any country, person,
or entity subject to U.S. and any applicable export restrictions.
You specifically agree not to export, re-export, or transfer the
Software to: (i) any country to which is embargoed or restricted to
export of goods or services, or to any national of such country,
wherever located, who intends to transmit or transport the product
back to such country; (ii) any person or entity who You know or have
reason to know will utilize the Software or portion thereof in the
design, development, production or use of nuclear, chemical or
biological materials, facilities, or weapons; or (iii) any person or
entity who have been prohibited from participating in export
transactions by any federal agency of the U.S. government or any
applicable government.

9. LIMITED WARRANTY
(1) THE SOFTWARE IS PROVIDED BY PFU "AS IS" . PFU ON BEHALF OF ITSELF
AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES OF ANY NATURE,
WHETHER EXPRESS, IMPLIED OR OTHERWISE AND WHETHER ARISING FROM TRADE
OR CUSTOM, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
(2) EXCEPT AS EXPRESSLY PROVIDED HEREIN, UNDER NO CIRCUMSTANCES SHALL
PFU, ITS AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO
ANY OTHER PERSON UNDER TORT, CONTRACT, OR ANY OTHER LEGAL THEORY,
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER ARISING FROM THE USE, PERFORMANCE OR
NON-PERFORMANCE OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA,
EVEN IF PFU HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.

10. Termination
PFU may terminate this EULA immediately if You fail to comply with
the terms and conditions of this EULA. In such event, You shall
discontinue all use of Software and materials related to the Software,
and destroy all copies, summaries or extracts thereof, if any, which
have been made by You, and all Confidential Information of PFU in Your
possession.

11. Miscellaneous Provisions


(1) If You are a business, company, or organization, You acknowledge
and agree that PFU has the right to audit Your compliance with this
EULA, upon reasonable advanced notice.
(2) This EULA will be governed by the laws of Japan without regard to
conflict of laws principles. If a court holds that the laws of Japan
do not govern this EULA, the laws of the state or country where You
live govern all claims and disputes under this agreement. This EULA
will not be governed by the United Nations Convention on Contracts
for the International Sale of Goods, the application of which is
expressly excluded.
(3) This EULA sets forth the entire agreement and understanding between
You and PFU relating to the Software, and it supersedes all prior or
contemporaneous oral or written communications, proposals and
representations with respect to the Software. It may not be modified
or changed in any way without the express written consent of the
parties hereto.
(4) If any provision of this EULA is held to be invalid or unenforceable
for any reason by any tribunal of competent jurisdiction to be
invalid, illegal or unenforceable, the other provisions shall
continue in full force and effect.
(5) The failure of either Party to enforce, in any one or more
instances, any of the terms and conditions of this Agreement shall
not be construed as a waiver of the future performance of any such
term or condition. Waiver of any term of condition of this Agreement
shall only be deemed to have been made if expressed in writing by
the Party granting such waiver.
(6) You agree that any difference or dispute between You and PFU
concerning the interpretation or validity of this EULA or the rights
and liabilities of the parties shall be settled by arbitration in
Tokyo, Japan in accordance with the Rules of Procedure of the Japan
Commercial Arbitration Association. You also agree that the
arbitrator may grant injunction or other relief in the dispute or
controversy, provided that PFU may seek immediate injunction and
other equitable relief enjoining any breach or threatened breach of
this Agreement in any court or competent jurisdiction without breach
of this Sub-Section 11 (6). The award rendered by the arbitration
shall be final and binding upon the parties. Judgment upon such award
may be entered in any court having jurisdiction thereof.

12. U.S. Government End Users.


This Section 12 applies to all acquisitions of the Software by or for
the federal government, or by any prime contractor or subcontractor
(at any tier) under any contract, grant, cooperative agreement or other
activity with the federal government. By accepting delivery of the
Software, the government hereby agrees that the Software qualifies
as "commercial" computer software within the meaning of the acquisition
regulation(s) applicable to this procurement. The terms and conditions
of this End User Agreement shall pertain to the government's use and
disclosure of the Software, and shall supersede any conflicting
contractual terms or conditions. If this EULA fails to meet the
government's needs or is inconsistent in any respect with Federal law,
the government agrees to return the Product, unused. The following
additional statement applies only to acquisitions governed by DFARS
Subpart 227.4 (October 1988): "Restricted Rights – Use, duplication
and disclosure by the Government is subject to restrictions as set forth
in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 (OCT. 1988)."

PFU Limited
February 2021

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