Color Data Software SpectraMagic NX
End User License Agreement (Trial Edition Ver. 2.70)
IMPORTANT: READ THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING.
Product: Trial version of the SpectraMagic NX
You may download, install and use the Software only when you agree with the terms of this license agreement. If you do not agree with the terms of this license agreement, you may not download the Software.
Konica Minolta, Inc. (hereinafter referred to as "KONICA MINOLTA") grant you a nonexclusive, limited license to download, install and use the Software, which includes document files, HTML files and image files, upon the terms set forth hereunder.
Nothing herein contained shall be construed as granted to you any intellectually property right, which includes copyrights, regarding with the Software except as expressly provided for hereunder.
1. Grant of License
You may download, install and use the Software on your computers.
2. Any Right
- All rights, including but not limited to copyrights and other intellectual property rights, to the Software (including printed materials and online documentation) are owned by KONICA MINOLTA or third party licensors.
- The Software is protected by copyright laws, any other law or any international treaty.
- You may not modify, merge, revise or enhance the Software in any way.
- You may not decompile, disassemble, reverse engineer or otherwise attempt to discover the Software's source code.
- You may not make others to install and/or use the Software by rental, lease, transfer, sub-license or any other method.
- You may not place the Software onto a server so that it is accessible via a public network.
- You may not export or re-export the Software in any form in violation of any applicable laws and regulations regarding export control of the country in which you obtained them or the United States.
4. Warranty and Liability
- YOU AGREE THAT THE SOFTWARE IS A TRIAL VERSION OF THE SPECTRAMAGIC NX SOFTWARE (HEREINAFTER REFFERED TO AS “SPECTRAMAGIC NX”) FOR YOUR UNDERSTANDING OF THE CONTENT OF THE SPECTRAMAGIC NX BEFORE PURCHASING IT, AND THAT THE SOFTWARE CAN CONTAIN SOME DEFECTS. KONICA MINOLTA SHALL NOT BE HELD LIABLE FOR ANY DEFECT CONTAINED IN THE SOFTWARE.
- KONICA MINOLTA PROVIDES TO YOU THE SOFTWARE “AS IS”; AND KONICA MINOLTA HEREBY DISCLAIMS WITH RESPECT TO THE SOFTWARE ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUS, ACCURACY OR COMPLETENESS OF RESPONSE.
- IN NO EVENT SHALL KONICA MINOLTA BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF KONICA MINOLTA OR THIRD PARTY LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN NO EVENT SHALL KONICA MINOLTA ASSIST YOU IN INSTALLING AND USING THE SOFTWARE.
- You may terminate this agreement at any time by destroying the Software and all your copies of it, as well as all other related documents.
- KONICA MINOLTA may terminate this agreement if you fail to comply with these terms. Upon such termination, you agree to destroy the Software and all your copies of it, as well as all other related documents.
6. Applicable laws
This license agreement is governed by the laws of Japan.
In the event that any part or parts of this agreement shall be held illegal or null and void by any court or administrative body of competent jurisdiction, such determination shall not affect the remaining parts of this agreement, and they shall remain in full force and effect as if such part or parts determined illegal or void had not been included.
8. NOTICE TO U.S. GOVERNMENT END USERS
If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees: (i) if the Software is supplied to the Department of Defense (DoD), the Software is classified as "Commercial Computer Software" and the Government is acquiring only "restricted right" in the Software as that term is defined in Clause 252.227.7013(c)(1) of the DFARS; and (ii) if the Software is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the Software will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to FAR.
If you have any questions concerning this license agreement, please contact the nearest authorized Konica Minolta, Inc., Sensing Business Unit facility or distributor.