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Note |
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Before using JVC´s "Gamma customization software", be sure to read the following software license agreement. Use of this software shall be regarded as constituting the user´s consent to the following license agreement. |
| Software
license agreement |
Important:
Please carefully read this End-User License Agreement ("Agreement")
before installing or using the "Driver software" ("Software")
on your PC. The right to use the Software is granted by Victor
Company of Japan, Limited ("JVC") to You only on the condition
that You agree to the following Agreement. If You do not agree
to the terms of the Agreement, you may not install the Software
any more. HOWEVER, INSTALLING OR USING THE SOFTWARE INDICATES
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. The Software
also includes the associated materials, and any modification,
upgrade and update of the Software granted to You by JVC.
| 1. |
Copyright; Ownership |
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End-User
("You") acknowledge that all copyrights and
other intellectual property rights in the Software is
owned by JVC and its licensor, and remain vested in
JVC and such licensor.
The Software is protected under the copyright law of
Japan and other countries, and related Conventions.
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| 2. |
Grant of License |
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| (1) |
Subject to the conditions of
the Agreement, JVC grants to You a non-exclusive
right to use the Software. |
| (2) |
You may install and use the Software
on a HDD or other storage devices incorporated
in Your PC. |
| (3) |
You may make a copy of the Software
for the back-up and storage purpose only. |
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| 3. |
Restriction |
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| (1) |
You may not modify, reverse engineer,
decompile or disassemble (except to the extent
as permitted by the applicable laws) the Software
in any manner. |
| (2) |
You may not copy or use Software,
in whole or in part, other than as expressly specified
in this Agreement |
| (3) |
You have no right to grant a
license to use the Software, and may not distribute,
lease or rent the Software to any other person
for any purpose. |
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| 4. |
Limited Warranty |
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THE SOFTWARE IS PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND.
JVC DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. SHOULD THERE BE
ANY PROBLEM ARISING FROM OR CAUSED BY THE SOFTWARE,
YOU SHOULD SETTLE ALL SUCH PROBLEM AT YOUR OWN COSTS
AND RESPONSIBILITIES. |
| 5. |
Limitation of Liability |
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JVC WILL HAVE NO LIABILITY WITH RESPECT
TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE
FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE
DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOU WILL INDEMNIFY AND HOLD HARMLESS
JVC FROM ANY LOSS, LIABILITY OR COSTS ARISING OUT OF
OR IN ANY WAY CONNECTED TO CLAIMS FROM ANY OTHER PERSONS
RELATING TO THE USE OF THE SOFTWARE. |
| 6. |
Term |
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This Agreement will become effective
on the date when You Download and install the Software
onto Your machine, and continue to be in effect until
the termination as below.
Should You breach any provision of
this Agreement, JVC may terminate this Agreement without
giving any notice to You. In this event, JVC may claim
against You any damages caused by Your breach. Should
this Agreement be terminated, You should immediately
destroy the Software stored in Your machine (including
the erase from any memory in Your PC), and then will
not possess such Software.
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| 7. |
Export Control |
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You agree to comply with all applicable
international and national laws and regulations regarding
export control that apply to the Software. |
| 8. |
U.S. Government User |
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If
You are an agency of the Government of the United States
of America, You acknowledge JVC's representation that
the Software is a "Commercial Item" as defined
in Federal Acquisition Regulation (FAR) part 2.101 (7)
consisting of unpublished "Commercial Computer
Software" as those items are used at FAR part 12.212
and is only licensed to You with the same use rights
JVC grants all commercial end users pursuant to the
terms of this Agreement. |
| 9. |
General |
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| (1) |
No modification, change, addition,
deletion or other alteration of or to the Agreement
will be valid unless reduced to writing and signed
by an authorized representative of JVC. |
| (2) |
If any part of the Agreement
is held invalid by or in conflict with any law
having jurisdiction over this Agreement, the remaining
provisions will remain in full force and effect. |
| (3) |
The Agreement shall be governed
by and interpreted under the laws of Japan. The
Tokyo District Court has jurisdiction over all
disputes which may arise with respect to the execution,
interpretation and performance of this Agreement. |
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