Konica Minolta bizhub PRO 951 - Manual (Page 6)

bizhub PRO 951 1-5
1.3 SOFTWARE LICENSE AGREEMENT 1
Printing Software, Font Program and Host Software
This package contains the following materials provided by Konica Minolta Business Technologies, Inc.
(KMBT): software included as part of the printing system ("Printing Software"), the digitally-encoded ma-
chine-readable outline data encoded in the special format and in the encrypted form ("Font Programs"), other
software which runs on a computer system for use in conjunction with the Printing Software ("Host Soft-
ware"), and related explanatory written materials ("Documentation").
The term "Software" shall be used to describe Printing Software, Font Programs and/or Host Software and
also include any upgrades, modified versions, additions, and copies of the Software.
This is a license agreement and not an agreement for sale. The Software is being licensed to you (either a
private person or a corporate entity): under the terms of this Agreement.
KMBT grants to you a non-exclusive sublicense to use the Software and Documentation, provided that you
agree to the following:
1. You may use the Software and accompanying Font Programs solely for your own internal business pur-
poses.
2. In addition to the license for Font Programs set forth in Section 1 above, you may use Roman Font Pro-
grams to reproduce weights, styles, and versions of letters, numerals, characters and symbols ("Type-
faces") on the display or monitor for your own internal business purposes.
3. You may make one backup copy of the Host Software, provided your backup copy is not installed or
used on any computer. Notwithstanding the above restrictions, you may install the Host Software on
any number of computers solely for use with one or more printing systems running the Printing Soft-
ware.
4. You may assign its rights under this Agreement to an assignee of all of Licensee's right and interest to
such Software and Documentation ("Assignee") provided you transfer to Assignee all copies of such
Software and Documentation Assignee agrees to be bound by all of the terms and conditions of this
Agreement.
5. You agree not to modify, adapt or translate the Software and Documentation.
6. You agree that you will not attempt to alter, disassemble, decrypt, reverse engineer or decompile the
Software.
7. Title to and ownership of the Software and Documentation and any reproductions thereof shall remain
with KMBT and its licensors.
8. You may not rent, lease, sublicense, lend or transfer versions or copies of the Software that Licensee
does not use, or Software contained on any unused media, except as part of the permanent transfer of
all Software and Documentation as described above.
9. IN NO EVENT WILL KMBT OR ITS LICENSOR BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCI-
DENTAL INDIRECT, PUNITIVE OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST
SAVING, EVEN IF KMBT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR
ANY CLAIM BY ANY THIRD PARTY. KMBT OR ITS LICENSOR DISCLAIMS ALL WARRANTIES WITH
REGARD TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT OF THIRD PARTY RIGHTS. SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Notice to Government End Users: The Software is a "commercial item," as that term is defined at 48
C.F.R.2.101, consisting of "commercial computer software" and "commercial computer software doc-
umentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48
C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government End Users acquire the Software with only
those rights set forth herein.
11. You agree that you will not export the Software in any form in violation of any applicable laws and reg-
ulations regarding export control of any countries.
12. THIRD PARTY BENEFICIARY: You are hereby notified that Adobe? Systems Incorporated, a Delaware
corporation, located at 345 Park Avenue, San Jose, CA 95110-2704 is a third-party beneficiary to this
License Agreement to the extent that this agreement contains provisions which relate to your use of the
Software, Font Programs and Typefaces. Such provisions are made expressly for the benefit of Adobe
and are enforceable by Adobe in addition to KMBT.