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Software License Agreement
Software License Agreement
The software embedded in the Product (hereinafter the
“Licensed Software”) provided by JVC KENWOOD Corporation
(hereinafter the “Licensor”) is copyrighted to or sublicensable
by the Licensor, and this Agreement provides for the terms
and conditions which Users shall follow in order to use the
Licensed Software.
The User shall use the Licensed Software by agreeing with the
terms of this Software License Agreement. This Agreement
shall be deemed completed at the time the User (hereinafter
the “User”) initially used the Product in which the “Licensed
Software” is embedded.
The Licensed Software may include the software which has
been licensed to the Licensor directly or indirectly from any
third party. In such case, some third parties require the Users
to follow their conditions for use separately from this Software
License Agreement. Such software shall not be subject to this
Agreement, and the Users are urged to read the “Important
Notice concerning the Software” to be provided separately.
Article 1
General Provision
The Licensor shall grant to the User a non-exclusive and non-
transferable (other than the exceptional case referred to in
Article 3, Paragraph 1) licensed to use the Licensed Software
within the country of the User.
Article 2
License
1. The license granted under this Agreement shall be the right
to use the Licensed Software in the Product.
2. The User shall not duplicate, copy, modify, add, translate
or otherwise alter, or lease the Licensed Software and any
related documents, whether in whole or in part.
3. The use of the Licensed Software shall be limited to
personal purpose, and the Licensed Software shall not
be distributed, licensed or sub-licensed whether it is for
commercial purpose or not.
4. The User shall use the Licensed Software according to the
directions described in the operation manual or help file,
and is prohibited to use or duplicate any data in a manner
violating the Copyright Law or any other laws and regulations
by applying whole or a part of the Licensed Software.
Article 3
Conditions for Grant of License
1. When the User transfers the Product, it may also transfer
the license to use the Licensed Software embedded in
the Product (including any related materials, updates and
upgrades) on condition that no original, copies or related
materials continue in the possession of the User, and that
the User shall cause the transferee to comply with this
Software License Agreement.
2. The User shall not carry out reverse engineering,
disassembling, decompiling or any other code analysis
works in connection with the Licensed Software.
Article 4
Right Pertaining to the Licensed
Software
Any and all copyrights and other rights pertaining to the
Licensed Software and related documents shall belong to the
Licensor or the original holder of the right who granted to the
Licensor the license or sublicense for the Licensed Software
(hereinafter the “Original Rightholder”), and the User shall
not be entitled to any right other than the license granted
hereunder, in respect of the Licensed Software and any related
documents.
Article 5
Indemnification of Licensor
1. Neither the Licensor nor the Original Rightholder shall be
liable for any damage incurred by the User or any third
party due to the exercise of the license granted to the User
under this Agreement, unless otherwise restricted by law.
2. The Licensor will offer no guarantee for the merchantability,
convertibility and consistency with certain objective of the
Licensed Software.
Article 6
Liability to Third Party
If any dispute has arisen with any third party due to an
infringement upon a copyright, patent or any other intellectual
property right that was caused by the User’s use of the
Licensed Software, the User shall settle such dispute at its
own cost and hold the Licensor and the Original Rightholder
harmless from any inconvenience it may cause.
Article 7
Confidentiality
The User shall keep the confidentiality of such portion of the
Licensed Software, related documents thereof or any other
information to be granted under this Agreement, as well as the
conditions of this Agreement as has not yet entered the public
domain, and shall not disclose or divulge the same to any third
party without approval of the Licensor.
Article 8
Termination
In case the User falls under any of the events described in
the following items, the Licensor may immediately terminate
this Agreement or claim that the User compensates for the
damage incurred by the Licensor due to such event:
1. When the User violated any provision of this Agreement; or
2. When a petition has been filed against the User for an
attachment, provisional attachment, provisional disposition
or any other compulsory execution.
Article 9
Destruction of the Licensed
Software
If this Agreement is terminated pursuant to the provision of
Article 8, the User shall destroy the Licensed Software, any
related documents and copies thereof within two (2) weeks
from such date of termination.
Article 10 Protection of Copyright
1. The copyright and all the other intellectual property rights
relating to the Licensed Software shall belong to the
Licensor and the Original Rightholder, and in no event shall
they be under the ownership of the User.
2. The User shall, whenever it uses the Licensed Software,
comply with any laws relating to the copyright and other
intellectual property rights.
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