 |
| End-User License Agreement
for Brother Software |
| | Ownership. | Grant
of License. | No Warranties | Limitation
of Liability. | Term. | Governing
Laws. | |
| IMPORTANT-PLEASE READ CAREFULLY |
| This End-User License Agreement ("EULA") is
a legal agreement between you and Brother Industries, Ltd.
("Brother"), which governs your use of Brother software that
will be downloaded from this website to your computer hardware
("SOFTWARE"). If you agree to be legally bound by the terms of
this EULA, you may download the available software on this website in
accordance with the terms of this EULA. If you do not agree to the terms
of this EULA, Brother shall not be deemed to have licensed the SOFTWARE to
you. In such case, you are not authorized by Brother and you may not use
the SOFTWARE. |
| |
| Terms and Conditions. |
| 1.Ownership. |
| All rights, titles and interest in and to the SOFTWARE and the files
associated therewith are owned by Brother or its suppliers. The foregoing
rights to the SOFTWARE are licensed to you on a limited basis as
prescribed in the following Article 2. In any event, this provision should
not be construed in any way, as an expression to assign or sell any
copyrights of, or any other intellectual property rights to, the SOFTWARE
from Brother to you. |
| |
| 2.Grant of License. |
| 2.1 |
Brother grants you a non-exclusive license to install and use
one (1) copy of the SOFTWARE on one (1) computer hardware. |
| 2.2 |
Brother further grants you a license to make only one (1) copy
of the SOFTWARE at all times, solely for archival purposes, which
such copy shall attach and stipulate all copyright and
intellectual property rights notices. |
| 2.3 |
Except for expressly stipulated in Sections 2.1 and 2.2 above,
Brother does not grant you any license relating to the SOFTWARE.
Specifically, you may not, (i) make any copies of the SOFTWARE
except as expressly permitted in accordance with Sections 2.1 and
2.2 of this EULA, (ii) modify the SOFTWARE, (iii) reverse
engineer, disassemble, decompile or use the SOFTWARE to create any
derivative software, (iv) use the SOFTWARE on more than one (1)
computer hardware concurrently, (v) rent or lease the SOFTWARE,
(vi) make available to download the SOFTWARE to the public, or
(vii) transfer the SOFTWARE to any third person or parties by wire
or any other means. |
|
| |
| 3.No Warranties |
| BROTHER SHALL NOT BE HELD RESPONSIBLE FOR ANY WARRANTIES REGARDING THE
SOFTWARE DOWNLOADED BY YOU, IN ANY EVENT OR CIRCUMSTANCE. BROTHER DOES NOT
WARRANT THAT THE SOFTWARE HAS NO BUGS OR OTHER NON-CONFORMANCES, OR THAT
THE SOFTWARE DOES NOT INFRINGE ANY OTHER THIRD PARTIESERIGHTS, OR IN
RESPECT OF THE SOFTWARES CORRECTIVENESS OR COMPLETENESS. |
| |
| 4.Limitation of Liability. |
| TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
BROTHER EXPRESSLY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, BROTHER EXPRESSLY DISCLAIMS ANY LIABILITY, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE. FURTHER, IN NO
EVENT SHALL BROTHER BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS
OPPORTUNITIES, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, OR FOR
INDIRECT, SPECIAL, INCIDENTIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL
DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, EVEN
IF BROTHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
| |
| 5.Term. |
| This EULA will become effective upon your acceptance and continue in
effect unless you cease to use the SOFTWARE. However, Brother may
terminate this EULA without notice if you breach any of its provisions. |
| |
| 6.Governing Laws. |
| This English language translation of the original Japanese language EULA
is governed and controlled under the jurisdiction of the laws of Japan. If
any of the provisions of this EULA shall be declared void, such provisions
shall be severable and independent from the other provisions of this EULA,
and the validity of the other provisions and of the entire EULA shall not
be affected |