PC Software for Color Analyzer CA-SDK
End User License Agreement
IMPORTANT: READ THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING.
Use of this software is subject to the terms and conditions of the License Agreement specified below. Only if you agree to those terms and conditions, KONICA MINOLTA grant you a certain license in relation with your use, reproduction or modification of this software.
Product: CA-SDK (including sample software)
This agreement is entered into by and between Konica Minolta, Inc. (hereinafter "KONICA MINOLTA") and you, the end user, regarding the license terms and conditions for the Software Product identified in the above (hereinafter "Software").
1. Grant of License
KONICA MINOLTA hereby grants you a non-exclusive license to use, reproduce or modify the Software solely in connection with KONICA MINOLTA's Display Color Analyzer CA-310/CA-210 or CRT Color Analyzer CA-100Plus (hereinafter "KONICA MINOLTA's Product")
2. Copyright and Intellectual Property Rights
2.1 The Software is protected by the copyright law of Japan and Universal Copyright Convention and all the rights and titles in and to the Software are owned by KONICA MINOLTA or its suppliers. Therefore, you are lawfully banned from using and/or copying the Software, except for the use, copy or modification licensed under Section 1.
2.2 In no event, this License Agreement shall be deemed to assign any copyright and/or any intellectual property rights of the Software from KONICA MINOLTA to you.
3.1 Except for the use, copy and modification granted under section 1, you may not use, copy nor modify the Software.
3.2 You may not reverse-engineer, recompile nor disassemble the Software.
3.3 You may not rent nor lease the Software and/or any copy of the Software to any third party.
4. Transferring the right of the Software
Subject to a third party's consent to all terms and conditions of this License Agreement, you may transfer the Software and the rights granted to you under this License Agreement to a such third party.
5. Upgrade Version
5.1 KONICA MINOLTA may, from time to time, provide you, at its sole discretion, with the upgraded version of the Software.
5.2 All the terms and conditions of this License Agreement shall apply to such upgraded version, when and if such is provided.
6. Warranty and Disclaimer
6.1 THE SOFTWARE SHALL BE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY WHATSOEVER FOR ITS FUNCTIONALITY OR CAPABILITY.
6.2 THIS SOFTWARE IS PROVIDED WITHOUT ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND UPDATE VERSIONS THEREOF REMAINS SOLELY WITH YOU.
6.3 IN NO EVENT SHALL KONICA MINOLTA, ITS SUPPLIERS, ITS SUBSIDIARIES OR ITS DISTRIBUTORS BE LIBLE FOR ANY DAMAGS WHATSOEVER, TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR ANY OTHER DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ANY RELATED DOCUMENTATION, EVEN IF KONICA MINOLTA, ITS SUPPLIERS, ITS SUBSIDIARIES AND/OR ITS DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IF THE DAMAGES ARE FORESEEABLE.
6.4 KONICA MINOLTA SHALL NOT AT ALL BE LIABLE FOR ANY MODIFIED SOFTWARE BASED ON THE SOFTWARE OR FOR ANY NEWLY DEVELOPED SOFTWARE UTILIZING ANY INFORMATION OF THE SOFTWARE.
7.1 You may terminate this License Agreement by destroying the Software, any and all the copies thereof, any and all the modified version thereof in your possession.
7.2 KONICA MINOLTA may terminate this License Agreement immediately when and if you breach any of the terms and conditions of this License Agreement. Upon such termination, you must immediately destroy the Software, any and all the copies thereof, any and all the modified version thereof in your possession.
8. Applicable Law
This License Agreement shall be interpreted, construed and governed by the laws of Japan.
9. U.S. Government Restricted Rights Notice
If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. Use, duplication or disclosure by the Government is subject to restrictions as set forth in the Rights in the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, subdivision (b) (3) (ii) or subparagraph (c) (1) (ii), as appropriate. Further use, duplication or disclosure is subject to restrictions applicable to restricted rights software as set forth in FAR 52.227-19 (c) (2).
If you have any questions concerning this license agreement, please contact the nearest authorized Konica Minolta, Inc., Sensing Business Unit facility or distributor.