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authorV3n3RiX <venerix@redcorelinux.org>2017-10-09 18:53:29 +0100
committerV3n3RiX <venerix@redcorelinux.org>2017-10-09 18:53:29 +0100
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+Please read the terms and conditions of this license agreement carefully. This
+is a legally binding license agreement between you (the "user" meaning either
+an individual or a single entity) and Kyocera Mita. By using this software
+("Software") you indicate your acceptance of the following Software License
+Agreement granting a non-exclusive license.
+
+
+**1. Property Rights
+
+The Software is protected by national and international copyright laws and
+international treaty provisions. The Software is owned and copyrighted by
+Kyocera Mita. Your license does not confer any title to, or ownership in the
+Software. No rights of any kind in the Software are transferred. The use of
+the Software is subject to the license terms in this agreement.
+
+
+**2. Use of Software**
+
+
+Kyocera Mita grants the user a license to use one copy of the Software on one
+or more computers connected to an original ?Kyocera Mita? printer, copier or
+multifunctional device. Use means any permanent or temporary use of the
+Software and includes the storing, loading, installing, executing or
+displaying of the Software or the processing of any data contained therein.
+The Software may not be used on any other hardware unless such use is granted
+by a seperate license agreement.
+
+
+**3. Rights to copy Software**
+
+
+(1) The user may only copy the Software where this is essential to usage. This
+includes the installation and loading of the Software into the temporary
+memory (i.e. RAM).
+
+
+(2) The user may make and store one back-up copy if this is necessary for
+securing later use. The copy must be marked as such. If the Software is used
+in the course of business and if routine back-up copies of all data including
+the Software are made for the purposes of securing data and ensuring that the
+computer system can be reactivated quickly after a breakdown, only so many
+back-up copies may be made as are asbolutely essential. They may be used for
+archival purposes only!
+
+
+(3) The user may not make any further copies.
+
+
+(4) The user may not decompile the Software except and only to the extent that
+such activity is expressivly permitted by law. The user may not alter any
+brand names, serial numbers or other characteristics identifying the Software
+or any other legal information.
+
+
+**4. Transfer of Software**
+
+
+(1) The license will automatically terminate upon any transfer of the Software
+to a third party. The transferee will be regarded as user in the meaning of
+this contract.
+
+
+(2) The Software may only be transferred if the transferee accepts the terms
+and conditions of this license agreement. The user is obliged to inform the
+transferee of these terms and conditions. If the user does not have a copy of
+this contract, he may obtain a new one from Kyocera Mita Mita at his own
+expenses.
+
+
+(3) Upon transfer the user must immediately destroy any copies of the Software
+or parts thereof including any changed or modified copies or parts thereof.
+This also applies to any back-up copies.
+
+
+(4) The user may not rent, lease or subdivide any rights granted by this
+license or transfer or grant sublicenses unless explicitely allowed in this
+contract.
+
+
+**5. Warranty**
+
+
+(1) Kyocera Mita?s liability is limited to original Software.
+
+
+(2) Kyocera Mita, however, has taken all possible care to produce the Software
+that, at the time of downloading, is free from defects and fit for its
+particular purpose. In the unlikely event of any deficencies Kyocera Mita will
+remedy the fault within a warranty period of six months. Kyocera Mita may at
+its sole discretion either remedy the fault free of charge or provide a
+replacement.
+
+
+(3) The warranty period starts upon the download of the Software.
+
+
+(4) If a remedy of the fault is impossible within an appropriate period of
+time or the remedy or the replacement is regarded as ineffective, the user may
+claim a reduction of the purchase price or the recission of the contract. The
+remedy or the replacement can only regarded as ineffective if Kyocera Mita had
+sufficient opportunity to remedy the fault and this proves impossible or
+otherwise unreasonable.
+
+
+(5) The warranty is null and void if the Software has been misused, used for
+the wrong purpose or used in defective hardware.
+
+
+(6) Faults must not be remedied by third parties. In this case Kyocera Mita
+may either rescind the contract or provide a copy of the newest version of the
+program. This does not imply any prolongation of the warranty period.
+
+
+(7) Kyocera Mita is not liable for any faults caused during downloading.
+
+
+**6. Limitation of warranty**
+
+
+(1) Software is used at the user's own risk. Kyocera Mita is only liable for
+any faults caused by gross negligence or intentional acts by Kyocera Mita.
+
+
+(2) Kyocera Mita?s liability is limited to the purchase price.
+
+
+(3) Any liablility for loss of data is limited to those expenses which would
+normaly be incurred in retrieving data if risk-appropriate back-up copies had
+been made on a regular basis but, in any case, not exceeding the limit
+specified in paragh 6, sub-paragh 2.
+
+
+(4) Any liability under the european laws concerning product Liability are not
+limited by this contract.
+
+
+**7. Exclusion of liability**
+
+
+Kyocera Mita is not liable for any consequential damages, loss of profit or
+any other loss whatsoever resulting from defects in the programm even if
+Kyocera Mita has been advised thereof. This limitation of the warranty applies
+to all damages of any kind.
+
+
+**8. Obligations to examine and to notify**
+
+
+(1) The user is obliged to examine the Software for any evident faults. An
+evident fault means a fault obvious to the average user. Unless Kyocera Mita
+is notified of such faults within 14 days of downloading the Software, the
+warranty will expire.
+
+
+(2) Kyocera Mita has to be informed of any other fault within fourteen days of
+its discovery.
+
+
+(3) This license does not effect any further obligations of the user normally
+owed in the course of business.
+
+
+(4) If this obligation is violated, the user will be deemed to have accepted
+the Software as faultless.
+
+
+**9. No other applicable agreements, written form**
+
+
+(1) This license governs the contractual relation between Kyocera Mita and the
+user with regards to the contractual obligation established by this license.
+There are no further agreements. Any prior contracts or agreements are null
+and void upon acceptance of this license.
+
+
+(2) Any alteration of this license must be made in writing. Any alteration of
+this clause must also be made in writing.
+
+
+**10. Confidentiality**
+
+
+(1) The user is obliged to the best of his abilities to take all reasonable
+measures to prevent any unauthorized persons from obtaining access to, or
+making any copy of, or otherwise disclosing any information regarding of the
+Software.
+
+
+(2) It is agreed that any information obtained in the course of the contract
+which could be used in the development, manufacture or sale of any Software or
+for the infringement of any copyright laws shall be kept confidential.
+
+
+**11. Miscellaneous**
+
+
+(1) Any notification to Kyocera Mita shall be made in writing to the following
+address:
+
+
+KYOCERA MITA EUROPE B.V.
+
+HOEKSTEEN 40
+
+2132 HOOFDORP, THE NETHERLANDS
+
+
+
+(2) All relations between KYOCERA MITA and the customer shall be deemed to
+have been fully governed by and construed in accordance with the laws of the
+Netherlands, the application of the Vienna Convention on Contracts for the
+International Sale of Goods (CISG) being excluded.
+
+
+(3) All disputes arising in connection with this warranty shall be finally
+settled by the competent court in Amsterdam, the Netherlands, as far as
+legally permitted.
+
+
+(4) The purpose of heading in these warranty terms is merely to provided
+better orientation. They are not significant for interpreting the warranty
+terms.
+
+
+(4) If one or more stipulations of this warranty are entirely or partially
+invalid, or if they become partially or entirely invalid, this will not affect
+the validity of the remaining stipulations. The stipulations which have become
+invalid shall be replaced by legally valid regulations, which most closely
+approximates the intent of the invalid stipulation.