125 lines
16 KiB
Plaintext
125 lines
16 KiB
Plaintext
SOFTWARE LICENSE
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PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE
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SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
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1. License.
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The application, demonstration, system and other software accompanying this License,
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whether on disk, in read only memory, or on any other media (the “Software”) and
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related documentation are licensed to you by SHARP. You own the disk on which the
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Software is recorded but SHARP and/or SHARP's Licensors retain title to the
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Software and related documentation. This License allows you to use the Software
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on one or more computers connected to a single printer and make one copy of the
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Software in machine-readable form for backup purposes only. You must reproduce
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on such copy the SHARP copyright notice, the copyright notice of SHARP's Licensors
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and any other proprietary legends of SHARP and/or its Licensors that were on the
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original copy of the Software. You may also transfer all your license rights in
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the Software, the backup copy of the Software, the related documentation and a
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copy of this License to another party, provided the other party reads and agrees
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to the terms and conditions of this License.
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2. Restrictions.
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The Software contains copyrighted material, trade secrets and other proprietary material
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which is owned by SHARP and/or its Licensors and in order to protect them you may not
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decompile, reverse engineer, disassemble or otherwise reduce the Software to a
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human-perceivable form. You may not modify, network, rent, lease, loan, distribute or
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create derivative works based upon the Software in whole or in part. You may not
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electronically transmit the Software from one computer to another or over a network.
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3. Termination.
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This license is effective until terminated. You may terminate this License at any time by
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destroying the Software and related documentation and all copies thereof. This License will
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terminate immediately without notice from SHARP and/or SHARP's Licensors if you fail to
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comply with any provision of this License. Upon termination you must destroy the
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Software and related documentation and all copies thereof.
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4. Export Law Assurances.
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You agree and certify that neither the Software nor any other technical data received from
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SHARP, nor the direct product thereof, will be exported outside the United States except as
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authorized and as permitted by the laws and regulations of the United States. If the
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Software has been rightfully obtained by you outside of the United States, you agree
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that you will not re-export the Software nor any other technical data received from SHARP,
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nor the direct product thereof, except as permitted by the laws and regulations of the
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United states and the laws and the regulation of the jurisdiction in which you obtained
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the Software.
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5. Government End Users.
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If you are acquiring the Software on behalf of any unit or agency of the United States
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Government, the following provisions apply. The Government agrees:
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(i) if the Software is supplied to the Department of Defense (DoD), the Software is
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classified as “Commercial Computer Software” and the Government is acquiring only
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"restricted rights" in the Software and its documentation as that term is defined
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in Clause 252.227-7013 (c)(1) (Oct., 1988) of the DFARS; and
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(ii) if the Software is supplied to any unit or agency of the United States Government other
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than DoD, the Government's rights in the Software and its documentation will be as
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defined in Clause 52.227-19 (c)(2) of the FAR or, in the case of NASA, in Clause
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18-52.227-86 (d) of the NASA Supplement to the FAR.
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6. Limited Warranty on Media.
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SHARP warrants the disks on which the Software is recorded to be free from defects in
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materials and workmanship under normal use for a period of ninety (90) days from the date
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of purchase as evidenced by a copy of the receipt. The entire liability of SHARP
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and/or its Licensors and your exclusive remedy will be replacement of the disk which
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fails to meet the limited warranty provided by this Clause 6. A disk will be replaced
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when it is returned to SHARP or a SHARP authorized representative with a copy of the
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receipt. SHARP will have no responsibility to replace a disk damaged by accident,
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abuse or misapplication.
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ANY IMPLIED WARRANTIES ON THE DISKS, INCLUDING THE IMPLIED WARRANTIES OF
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MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN
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DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. THIS WARRANTY
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GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS
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WHICH VARY FROM JURISDICTION TO JURISDICTION.
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7. Disclaimer of Warranty on Software.
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You expressly acknowledge and agree that use of the Software is at your sole risk. The
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Software and related documentation are provided “AS IS” and without warranty of any
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kind and SHARP and SHARP's Licensor(s) (for the purpose of provisions 7 and 8, SHARP
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and SHARP's Licensor(s) shall be collectively referred to as “SHARP”) EXPRESSLY
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DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
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THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
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PURPOSE. SHARP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
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SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE
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SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
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SOFTWARE WILL BE CORRECTED. FURTHERMORE, SHARP DOES NOT WARRANT OR MAKE
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ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
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SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS,
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ACCURACY, RELIABILITY, OR OTHERWISE.
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NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SHARP OR A SHARP
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AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY
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INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE
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DEFECTIVE, YOU (AND NOT SHARP OR A SHARP AUTHORIZED REPRESENTATIVE)
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ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
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CORRECTION, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
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WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
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8. Limitation of Liability.
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UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL SHARP BE LIABLE FOR ANY
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INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR
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INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SHARP OR
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A SHARP AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
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SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
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OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION
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OR EXCLUSION MAY NOT APPLY TO YOU.
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In no event shall SHARP's total liability to you for all damages, losses, and causes of
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action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid
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by you for the Software.
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9. Controlling Law and Severability.
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For a portion of the Software related with Apple Macintosh and Microsoft Windows, this
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license shall be governed by and construed in accordance with the laws of the state of
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California and Washington, respectively. If for any reason a court of competent jurisdiction
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finds any provision of this License, or portion thereof, to be unenforceable, that provision
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of the License shall be enforced to the maximum extent permissible so as to effect the intent
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of the parties, and the remainder of this License shall continue in full force and effect.
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10. Complete Agreement.
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This License constitutes the entire agreement between the parties with respect to the use of
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the Software and related documentation, and supersedes all prior or contemporaneous
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understandings or agreements, written or oral, regarding such subject matter.
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No amendment to or modification of this License will be binding unless in writing and
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signed by a duly authorized representative of SHARP.
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