END USER LICENCE AGREEMENT
1. SOFTWARE
“Software” means the computer programs contained
in the package, together with all codes, techniques,
software tools, format, design, concepts, methods
and ideas associated with the computer programs
and all documentation related thereto.
2. OWNERSHIP
Panasonic System Networks Co., Ltd. (hereinafter
called "Panasonic") or its third party licensors
(“Panasonic Licensor”) owns copyrights and other
intellectual property rights in the Software and all
copies thereof. Except as expressly licenced to you
in this Agreement, all rights in and to the Software
and all intellectual property rights therein are
reserved to Panasonic and/or the Panasonic
Licensor.
3. LICENCE
During the terms of this EULA, Panasonic hereby
grants to you and you agree to accept a limited,
non-exclusive, non-transferable licence to do the
following:
i.
Install and use the Software exclusively with the
Panasonic Product supplied with the Software or
for which the Software is intended as specified in
any related Software or Panasonic Product
documentation
ii.
Install and use the Software on a single computer.
iii.
Use the Software only for your own customary
business or personal purpose.
iv.
Make a copy of the Software for backup or
installation purpose only in support of the normal
and intended use of the Software.
v.
Transfer possession of copies of the Software to
another party by transferring a copy of this
Agreement and all other documentation along
with at least one complete unaltered copy of the
Software, provided that:
– You, at the same time, either transfer to such
other party or destroy all your other copies of
the Software,
– Such transfer of possession terminates your
licence with Panasonic,
– Such transfer, transfers the Panasonic
Product that the Software use is restricted to,
and
– Such other party shall accept and be bound
by these licence terms with their initial use of
the Software.
4. RESTRICTIONS
i.
You shall not without the written consent of
Panasonic:
– use, copy, modify, merge or transfer copies of
the Software except as expressly authorised
herein,
– reverse assemble or reverse compile or
attempt to recreate the Software except as
permitted by law; or
– sublicence, rent, lease or distribute the
Software or any copy thereof.
–
use the Software in a hosting, time sharing or
service bureau environment or otherwise for
the benefit of a third party.
ii.
You shall not export or re-export the Software in
any form under violation of export restrictions by
the government of your country.
5. U.S. 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 documentation" 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 therein.
6. LIMITED WARRANTY
Warranty details and limitations for the hardware
containing the Software are described in the
Statement of Limited Warranty which was supplied
with the hardware. With the exception of the
foregoing express warranties applicable to hardware
and media only, the Software is not warranted and is
provided “AS IS”. SUCH WARRANTIES ARE IN
LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMTIED TO,
THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
7. LIMITATION OF REMEDIES
IN NO EVENT SHALL PANASONIC OR
PANASONIC LICENSOR OR THEIR AFFILIATED
COMPANIES, SUPPLIERS, DISTRIBUTORS OR
RESELLERS BE LIABLE FOR ANY LOST
PROFITS, LOST DATA, OR ANY OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES
RELATING TO OR THAT RESULT FROM USE OR
INABLITY TO USE THE SOFTWARE, EVEN IF
PANASONIC AND PANASONIC LICENSOR OR ITS
AUTHORISED RESELLERS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR FOR ANY CLAIM BY YOU BASED
ON A THIRD PARTY CLAIM.
8. TERMINATION
You may terminate your licence at any time by
destroying the Software and all your copies of it or as
otherwise described in these terms. Panasonic may
terminate this agreement and your licence if you fail
to comply with these terms. Upon such termination,
you agree to terminate all use of the Software and
destroy all copies of the Software.
9. GOVERNING LAW
This entrance, enforcement and construction of this
Agreement shall be governed by the laws of the
country where the delivery of the Software is made
to the original customer.
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