Subject to the following provisions, SHARP Corporation (hereinafter referred to as the “Company”) grants you (either a corporation or an individual) the license to use the software “USB Driver (ADB) (usb_driver_SHARP_r9.5.zip)”, which is provided in accordance with the terms of this Agreement (hereinafter referred to as the "Software"). By clicking on the “Accept ” button at the bottom of this screen, you are deemed to have accepted all terms and conditions contained in the Agreement below. Unless you accept all terms and conditions herein, you are not allowed to use this Software even for a trial purpose.
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1. Copyright |
(1) |
The intellectual property rights relating to the Software, including copyrights, etc., shall belong to the Company, and the Software is protected by Japanese copyright law and other applicable laws associated therewith. |
(2) |
When the Software is supplied to you together with the related documentation including user manuals, operating instructions, etc. (hereinafter referred to as the “Related Documentation”), the copyrights in such documentation, which are protected by Japanese copyright law and other applicable laws associated therewith, shall be held by the Company. You may not copy the Related Documentation. |
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2. Grant of License |
(1) |
Subject to the provisions herein, you shall acquire a non-exclusive license to use the Software free of charge in Japan. |
(2) |
You may make a copy of the Software, in whole or in part, solely for backup purposes or for exclusive use on your privately-owned personal computers. |
(3) |
The Company may at any time modify or change the Software or the Related Documentation without notice. |
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3. Restrictions |
(1) |
You may not reverse-engineer, decompile or disassemble this Software. |
(2) |
Except as expressly permitted in this Agreement, you may not use, duplicate, in whole or in part, or alter this Software. |
(3) |
You shall not remove any copyright or other proprietary rights notices that are affixed to the Software and the Related Documentation. When you make a copy of the Software pursuant to the above paragraph (2), you shall simultaneously reproduce the copyright notice and any other proprietary rights notice affixed to the Software. |
(4) |
You may not sub-license, rent or lease the Software to third parties. |
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4. Assignment of the Software |
You may assign your Software end-user license granted herein to a third party only if all terms and conditions mentioned below are satisfied. |
i) |
You shall transfer this Agreement, the Software, all copies of the Software and recording media containing such copies and retain none of them. |
ii) |
The assignee has agreed to the terms and conditions of this Agreement. |
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5. Disclosure of Support Information |
The Company shall provide the customer support information relating to the Software through its website or other media; however, no support other than the aforementioned shall be provided. Therefore, in the event that any problem arises in relation to the Software, it shall be solved on your own responsibility and at your own expense. |
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6.Liability for Damages |
In the event that you suffer any damage or loss attributable to the Company in conjunction with your use of the Software, the Company shall accept liability for such a damage or loss which may be incurred by you. However, save to the extent that any damage or loss arises as a result of the Company’s intent or gross negligence, the Company shall not be liable for any damage or loss exceeding the extent to which such damage or loss is deemed to normally arise from such class event of default or tort under generally accepted conventions (so-called ordinary damages). |
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7.Export Law Assurance |
The Software is subject to United States export control laws and regulations including U.S. Export Administration Regulations, and may be subject to export or import regulations in other countries. You shall agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain licenses accordingly when you export, re-export, or import the Software. The Software must not be downloaded in Cuba, Iran, North Korea, Sudan, and Syria or other countries to which the United States applies export controls, or by their nationals or residents, or must not be exported or re-exported to these countries or their nationals and residents. Furthermore, the Software must not be exported or re-exported to the persons and entities appearing on the lists of embargoed parties published by the governments of Japan, the United States and other countries. |
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8. Term of Agreement |
This Agreement shall become effective upon your using the Software or clicking the “ACCEPT” button at the bottom of this screen and shall continue in effect until terminated in accordance with the provisions set out in Article 9 set forth below. |
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9. Termination of Agreement |
(1) |
In the event that you breach any of the provisions of this Agreement, the Company may immediately terminate the Agreement without giving any notices or demands to you. |
(2) |
In case where the above paragraph (1) is applicable, the Company may claim damages, which have been incurred by you, from you. |
(3) |
Upon termination of the Agreement, you shall destroy the Software, the Related Documentation and all copies thereof. |
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10. Miscellaneous |
(1) |
You must not export the Software and any copies thereof to any countries other than Japan regardless of means or purposes. |
(2) |
The establishment, effect, performance and interpretation of this Agreement shall be governed by the laws of Japan, and any dispute arising from or in connection with this Agreement shall be submitted to the jurisdiction of courts in Japan. |