The Auto Shutdown Software ”PowerAttendant Basic Edition“ can automatically shut down a computer and an UPS when an input power problem occurs (power outage, etc.).
To download, install or use this software, you must agree to the following Software License Agreement. If you do not agree, please do not download, install or use this software.
Software License Agreement
This Software License Agreement ("Agreement") is a binding agreement between OMRON SOCIAL SOLUTIONS CO.,LTD. ("OMRON") and you (the "User") on the terms and conditions of the license of the Software (as defined below). To download, install or use this Software, you must agree to this Agreement.
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For the purpose of this Agreement, the following terms have the following meanings.
- 1.1 The "Authorized Computers" means the one or more computers those are owned by the User and are provided with power from one OMRON's UPS.
- 1.2 The "End User(s)" means any end user of the User's Products which incorporates the OMRON's UPS and the Software
- 1.3 The "OMRON's UPS" means Uninterruptible Power Supply sold by OMRON either directly or through the OMRON's normal distribution channels to the User or End User.
- 1.4 The "Computer" means to one or more computers owned by a Customer or End User and powered by one OMRON's UPS.
- 1.5 The "Software" means the computer program "PowerAttendant Basic Edition" and any and all related documentation that are distributed with such computer program.
- OMRON grants to the User a non-exclusive, non-transferable and limited license as follows: (i) to make one (1) or more copies of the Software and use such copies thereof on the Authorized Computers only for the purpose of monitoring and managing OMRON's UPS ; (ii) to make one of more copies of the Software in object code form only and distribute such copies thereof, either directly or through the User's normal distribution channels, to End User(s), as part of the User's Product which incorporates the OMRON's UPS and the Software, only for the purpose of monitoring and managing such OMRON's UPS on the Authorized Computers; (iii) make copies of the Software in object cord form as part of a master hard disk drive (including a hard disk drive image ) for cloning the hard disk drive, only for the purpose of the distribution as mentioned (ii) above; and (iv) make one copy of the Software only for backup purpose.
- Copyright of the Software remains 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. Except as expressly permitted in Section 2 of this Agreement, the User shall not (i) copy or alter the Software; (ii) sub-license, assign nor lease the Software to any third party without prior written consent of OMRON; (iii) de-compile, reverse engineer nor otherwise attempt to discern the source code of the Software; or (iv) any and all acts against Foreign Exchange and Foreign Trade Act and any other applicable export control laws and regulations.
- The User shall treat any information contained in the Software as confidential and shall not disclose it to any third party.
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If the User finds substantial non-conformity with the manual on the Software and notice it to OMRON in writing within a period of ninety (90) days after the User's purchase of the Software or installation of the Software, whichever comes earlier, OMRON will replace that Software or correct such non-conformity at OMRON's expense, to the extent that such non-conformity is reproducible and reported by User in writing during such period.
The User acknowledges that all errors or bugs of the Software may not be removed by such replacement or correction.
OMRON may, in its sole discretion, refund the amount paid by User for User's purchase of that Software to User instead of such replacement or correction, in which case this Agreement will terminate.
Notwithstanding the above, the remedy mentioned above shall not apply to any non-conformity resulting from the User's and/or third party's misuse, abuse or improper use of OMRON's UPS, the Software and/or the computer or failure to follow operating instructions, or use with equipment with which it is not intended to be used.
In addition, notwithstanding the first paragraph of this section, if User obtains the Software by means of a software recording medium included in the package of OMRON's UPS or the free download service on the web site of OMRON, the Software is provided on "as-is" basis and such paragraph shall not apply.
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THE ABOVE REPLACEMENT OR CORRECTION, OR REFUND SHALL CONSTITUTE THE USER'S SOLE AND EXCLUSIVE REMEDIES AGAINST OMRON AND THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT, OMRON WILL BE LIABLE FOR ANY LOST PROFITS OR OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT OR USE OF THE SOFTWARE.
- If the User use the Software in conjunction with other company's software, OMRON shall not guarantee about compatibility, action, non-infringement intellectual property rights of third party and legitimacy of it. Please confirm by yourself, judge the availability of the Software.
- If the User will modify, de-compile, reserve engineer, or otherwise attempt to discern the source code of the Software, OMRON shall have no liability for any claim of patent, utility model right, trade secret or copyright infringement whenever the User was claimed by the third party who consented OMRON to use the Software or by the other third party.
- In any event, OMRON's entire liability to the User for any cause shall not exceed the amount actually paid by the User to purchase the OMRON's UPS which is monitored and managed by the Software or the amount actually paid by the User to purchase license(s) of the Software, whichever is lower.
- If the User breaches this Agreement, OMRON may terminate this Agreement upon notice to the User. In that event, the User shall return the Software and all copies thereof.
- This Agreement shall be governed by and construed under the laws of Japan.
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If the User is a person living in Japan or a corporation organized and existing under the laws of Japan, any dispute, controversy or difference which may arise between the parties hereto arising out of or in relation to or in connection with this Agreement shall be solely resolved through a legal proceedings before the District Court of Tokyo, which shall have the exclusive jurisdiction over the dispute.
In other cases, 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. The award rendered by arbitrator(s) shall be final binding upon the parties hereto.
- This English version of this Agreement is prepared for reference purpose only. In the event of any conflict or inconsistency between the Japanese version and this English version, the Japanese version shall prevail.