This Software License Agreement ("Agreement") is a binding agreement between you ("User") and OMRON Corporation ("OMRON") on the terms and conditions of the license of this Software.
You (either an individual or a legal entity, hereafter called "User") may use this software (hereafter called "this Software") only when User agrees to the Software License Agreement below (hereafter called "this agreement").
This Software License Agreement is a legal agreement between the User and OMRON Corporation (hereafter, called "OMRON").
By installing, copying, or otherwise using this Software, the User agrees to be bound by the terms and conditions of this Software. If the User does not agree to these terms and conditions, do not install, copy, or use any file of this Software.
Software License Agreement
This is a binding agreement between the User and OMRON on the terms and conditions of the license of this Software.
This Software used in this agreement includes computer software, CAD data, computer programs, sample data, associated media, printed materials such as manuals, online or electronic documentation, and so on.
OMRON grants the User a non-exclusive and limited license to use this Software on only a computer owned by the User.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
The User must not remove or alter any copyright notices on all copies of this Software.
The User shall not modify any portion of this Software. If the User modifies this Software, OMRON assumes no responsibility for the results of any modifications made by the User, including defects or damages of any nature.
The User may not distribute copies of this Software to third parties.
The User may not rent, lease, sub-license nor assign this Software to any third party without prior written consent of OMRON.
The User may not reserve engineer, decompile, disassemble, nor otherwise attempt to discern the source code of this Software.
The User must comply with all applicable laws regarding use of this Software.
OMRON will not provide the User with any support services related to this Software (hereafter called "support service").
The specification of this Software such as software interface or configuration may be altered without any notice. There are no warranties regarding binary compatibility after such specification change.
The User shall treat any information contained in this Software as confidential and shall not disclose it to any third party. This obligation shall survive the termination of this Agreement.
Without prejudice to any other rights, OMRON may terminate this license agreement if the User fails to comply with the terms and conditions of this agreement. In such event, the User must destroy all copies of this Software.
INTELLECTUAL PROPERTY RIGHTS
All title, ownership rights and intellectual property rights in and to this Software and any copies thereof remain the sole property of OMRON or the third party who has licensed the software to OMRON and shall not be assigned to the User under this Agreement.
All rights not expressly granted are reserved by OMRON.
OMRON PROVIDES THIS SOFTWARE ON AN "AS IS" AND DOES NOT PROVIDE ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO, SPECIFICATION CHANGE OF THIS SOFTWARE, SHALL OMRON BE LIABLE FOR CORRECTING ERRORS, MALFUNCTIONS OR DEFECTS OF THIS SOFTWARE.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THIS SOFTWARE IS BORNE BY THE USER.
LIMITATION OF LIABILITY
IN NO EVENT, SHALL OMRON BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS), EVEN IF OMRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The User shall comply with all applicable laws and regulations of Japan and/or other relevant countries with regard to security export control, when exporting this Software and/or technical documents or providing such products and/or documents to a non-resident. Omron may not provide the User with this Software and/or technical documents should they fail to comply with such laws and regulations.
This agreement constitutes the entire agreement between the parties concerning the subject matter hereof. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions of this Agreement shall not be affected thereby. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. This agreement shall be governed by and construed under the laws of Japan. Unless otherwise agreed in writing, any and all dispute, controversy or difference which may arise between the parties hereto out of or in relation to or in connection with this agreement shall be finally settled by arbitration in Tokyo in accordance with the Arbitration Rules of the Japan Commercial Arbitration Association. All arbitrator(s) shall be familiar with the business and transactions typified by this agreement. The award rendered by arbitrator(s) shall be final binding upon the parties hereto.
Australian Consumer Law (for Licensee in Australia)
In the event that this Agreement constitutes or involves a supply of goods or services to a consumer as defined in the Australian Consumer Law ("ACL"), nothing contained in this Agreement excludes, restricts or modifies any condition, guarantee, warranty or other obligation which is applicable to or is conferred on Omron pursuant to the ACL where to exclude, restrict or modify any such condition, warranty or other obligation is unlawful.
To the extent that Licensee is a consumer for the purposes of the ACL:
(a) Omron goods come with guarantees that cannot be excluded under the ACL. Licensee is entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Licensee is also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
(b) To the full extent permitted by Law, where the benefit of any such condition, warranty or other obligation is conferred upon Licensee pursuant to the ACL, Omron’s sole liability for breach of any such condition, warranty, guarantee or other obligation will be limited to: (A) the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or (B) the repair of the goods or payment of the cost of having the goods repaired.
Consumer Guarantees Act (for Licensee in New Zealand)
In the event that Licensee is using Licensed Software for a business purpose, Licensee is deemed to accept and have acknowledged that the Consumer Guarantees Act in New Zealand will not apply to the usage of Licensed Software. For the avoidance of doubt, Licensee shall be deemed to be using Licensed Software for a business purpose if Licensee is acquiring, or hold itself out to be acquiring, the Licensed Software for the purposes of:
(1) resupplying them in trade;
(2) consuming them in the course of a process of production or manufacture; or
(3) repairing or treating in trade other goods or fixtures on land.