IMPORTANT
Users of this product must agree to the following Software License Agreement. If you do not agree, please do not install, copy or use any file of the software.
SOFTWARE LICENSE AGREEMENT
You (either an individual or a legal entity, the "User") may use this software (the "Software") only when the User agrees to the Software License Agreement below (this "Agreement").
This Software License Agreement is a legal agreement between the User and OMRON Corporation ("OMRON") (each a "Party" and collectively the "Parties").
This Agreement is a binding agreement between the User and OMRON on the terms and conditions of the license of the Software.
- Definition
"This Software" used in this Agreement includes computer software, CAD data, computer programs, sample data, associated media, printed materials such as manuals or electronic documentation, and so on.
- LICENSE GRANTED
OMRON grants the User a non-exclusive and limited license to use the Software on only computers owned by the User.
- DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
The User must not remove or alter any copyright notices on all copies of the Software.
- The User shall not modify any portion of the Software. If the User modifies the 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 the Software to any third party.
- The User may not rent, lease, sub-license nor assign the 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 the Software.
- The User must comply with all applicable laws regarding use of the Software.
- OMRON will not provide the User with any support services related to the Software.
- The specification of the Software such as software interface or configuration may be altered without any notice. There are no warranties regarding binary compatibility after such specification change.
- CONFIDENTIALITY
The User shall treat any information contained in the Software as confidential and shall not disclose it to any third party. This obligation shall survive the termination of this Agreement.
- TERMINATION
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 the Software.
- INTELLECTUAL PROPERTY RIGHTS
All title, ownership rights and intellectual property rights in and to the 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 under this Agreement are reserved by OMRON.
- NO WARRANTIES
OMRON PROVIDES THE 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.
- THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE IS BORNE BY THE USER.
- IN NO EVENT, INCLUDING BUT NOT LIMITED TO, SPECIFICATION CHANGE OF THE SOFTWARE, SHALL OMRON BE LIABLE FOR CORRECTING ERRORS, MALFUNCTIONS OR DEFECTS OF THE SOFTWARE.
- LIMITATION OF LIABILITY
IN NO EVENT, SHALL OMRON BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, REVENUE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, DATA OR DATA USE, OR ANY OTHER PECUNIARY LOSS), WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF THIS AGREEMENT, EVEN IF OMRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- EXPORT CONTROL
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 the Software and/or technical documents or providing such products and/or documents to a non-resident. OMRON may not provide the User with the Software and/or technical documents should they fail to comply with such laws and regulations.
- MISCELLANEOUS
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 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 dispute, controversy or difference which may arise between the Parties 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 such arbitrator (s) shall be final binding upon the Parties.