Important:
Please carefully read this End-User License Agreement ("Agreement")
before installing or using the "Video Player" ("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.
END-USER LICENSE AGREEMENT
1. Copyright; Ownership
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.
2. Grant of License
(1) Subject to the conditions of the Agreement, JVC grants to
You a non-exclusive right to use the Software. You may install
and use the Software on a HDD or other storage devices incorporated
in Your PC.
(2) You may make a copy of the Software for the back-up and storage
purpose.
(3) You may make copies of the Software for personal and individual
use, without limitation of volume, and distribute such copies,
provided that each such copy contains copyright and/or other proprietary
rights notice in the same manner as appeared on this Agreement
and the Software. In case You distribute each such copy by on-line
or other media, You must display notices as required to appropriately
protect copyright and other proprietary rights of JVC on these
media.
3. Restriction
(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 sell, lease or rent the Software to any other person
for any purpose.
4. Limited Warranty
THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
JVC DOES NOT MAKE ALL OTHER 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
JVC WILL HAVE NO LIBILITY WITH RESPECT TO ITS OBLIGATIONS UNDER
THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTIAL
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
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 under the reasons 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.
7. Export Control
You agree that You will not ship, transfer or export the Software
or underlying information and technology to any countries to which
Japan and other relevant countries embargoed goods.
8. U.S. Government User
If You are an agency of the United States of America (the "Government"),
You acknowledge JVC's representation that the Software is a "Commercial
Item" as defined in Federal Acquisition Regulation (FAR) part
2.101 (g) consisting 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
(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) Even 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.
(c)copyright 2000 VICTOR COMPANY OF JAPAN, LIMITED. All rights
reserved. |