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Software License Agreement
INSTALLING OR OTHERWISE USING THIS SOFTWARE PRODUCT
CONSTITUTES YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND
CONDITIONS (UNLESS A SEPARATE LICENSE IS PROVIDED BY THE
SUPPLIER OF APPLICABLE SOFTWARE IN WHICH CASE SUCH SEPARATE
LICENSE SHALL APPLY). IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY
NOT INSTALL OR USE THIS SOFTWARE, AND YOU MUST PROMPTLY RETURN
THE SOFTWARE TO THE LOCATION WHERE YOU OBTAINED IT.
THE SOFTWARE INSTALLED ON THIS PRODUCT INCLUDES NUMEROUS
INDIVIDUAL SOFTWARE COMPONENTS, EACH HAVING ITS OWN
APPLICABLE END USER LICENSE AGREEMENT (“EULA”). INFORMATION
RELATING TO THE EULAS MAY BE FOUND IN AN ELECTRONIC FILE
INCLUDED ON THE USER DOCUMENTATION CD-ROM INCLUDED HEREWITH;
HOWEVER, ALL SOFTWARE AND DOCUMENTATION DEVELOPED OR CREATED
BY OR FOR TOSHIBA TEC CORPORATION (“TTEC”) ARE PROPRIETARY
PRODUCTS OF TTEC AND ARE PROTECTED BY COPYRIGHT LAWS,
INTERNATIONAL TREATY PROVISIONS, AND OTHER APPLICABLE LAWS.
Grant of License
This is a legal agreement between you, the end-user (“You”), and TTEC and
its suppliers. This software, fonts (including their typefaces) and related
documentation (“Software”) is licensed for use with the system CPU on which
it was installed (“System”) in accordance with the terms contained in this
Agreement. This Software is proprietary to TTEC and/or its suppliers.
TTEC and its suppliers disclaim responsibility for the installation and/or use
of this Software, and for the results obtained by using this Software. You may
use one copy of the Software as installed on a single System, and may not
copy the Software for any reason except as necessary to use the Software
on a single System. Any copies of the Software shall be subject to the
conditions of this Agreement.
You may not, nor cause or permit any third party to, modify, adapt, merge,
translate, reverse compile, reverse assemble, or reverse engineer the
Software. You may not use the Software, except in accordance with this
license. No title to the intellectual property in the Software is transferred to
you and full ownership is retained by TTEC or its suppliers. Source code of
the Software is not licensed to you. You will be held legally responsible for
any copyright infringement, unauthorized transfer, reproduction or use of the
Software or its documentation.
Term
This license is effective until terminated by TTEC or upon your failure to
comply with any term of this Agreement. Upon termination, you agree to
destroy all copies of the Software and its documentation.
You may terminate this license at any time by destroying the Software and
its documentation and all copies.
Disclaimer of Warranty
THIS SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT. TTEC AND ITS SUPPLIERS
DISCLAIM ANY WARRANTY RELATING TO THE QUALITY AND PERFORMANCE
OF THE SOFTWARE. IF THE SOFTWARE PROVES DEFECTIVE, YOU (AND NOT
TTEC OR ITS SUPPLIERS) SHALL BE RESPONSIBLE FOR THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. TTEC AND ITS
SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF
THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
ALL INFORMATION CONTAINED HEREIN THAT IS PROVIDED BY TTEC AND
ITS AFFILIATES PURSUANT TO A EULA IS PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Limitation of Liability
IN NO EVENT WILL TTEC OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY
DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE (EXCEPT
PERSONAL INJURY OR DEATH RESULTING FROM NEGLIGENCE ON THE PART
OF TTEC OR ITS SUPPLIERS), INCLUDING WITHOUT LIMITATION ANY LOST
PROFITS, LOST DATA, LOST SAVINGS OR OTHER INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO
USE THE SOFTWARE, EVEN IF TTEC OR ITS SUPPLIERS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, NOR FOR THIRD PARTY CLAIMS.
U.S. Government Restricted Rights
The Software is provided with RESTRICTED RIGHTS. Use, duplication or
disclosure by the U.S. Government is subject to restrictions set forth in
subdivision (b) (3) (ii) or (c) (i) (ii) of the Rights in Technical Data and
Computer Software Clause set forth in 252.227-7013, or 52.227-19 (c) (2)
of the DOD FAR, as appropriate. Contractor/Manufacturer is TOSHIBA TEC
Corporation, 6-78, Minami-cho, Mishima-shi, Shizuoka-ken, 411-8520,
Japan.
General
You may not sublicense, lease, rent, assign or transfer this license or the
Software. Any attempt to sublicense, lease, rent, assign or transfer any of
the rights, duties or obligations hereunder is void. You agree that you do not
intend to, and will not ship, transmit (directly or indirectly) the Software,
including any copies of the Software, or any technical data contained in the
Software or its media, or any direct product thereof, to any country or
destination prohibited by the United States Government. This license shall be
governed by the laws of Japan or, at the election of a Supplier of TTEC
concerned with a dispute arising from or relating to this Agreement, the laws
of the Country designated from time to time by the relevant Supplier of
TTEC. If any provision or portion of this Agreement shall be found to be
illegal, invalid or unenforceable, the remaining provisions or portions shall
remain in full force and effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND
THAT YOU UNDERSTAND ITS PROVISIONS. YOU AGREE TO BE BOUND BY
ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS LICENSE
