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END-USER LICENSE AGREEMENT
PLREASE READ CAREULLY BEFORE USING THIS EQUIPMENT: This End-User license Agreement ("EULA") is a legal agreement between (a)
you (either an individual or a single entity) and (b) CASIO COMPUTER CO., LTD. ("CASIO"), that is not otherwise subject to a written license
agreement between you and CASIO or its suppliers. The term "Software Product" means computer software and may include associated media, printed
materials and "online" or electronic documentation. An amendment or addendum to this EULA may accompany the Product.
RIGHTS IN THE SOFTWARE PRODUCT ARE OFFERED ONLY ON
THE CONDITIONS THAT YOU AGREE TO ALL TERMS AND
CONDITIONS OF THIS EULA. BY INSTALLING, COPYING,
DOWNLOADING, OR OTHERWISE USING THE SOFTWARE
PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS
EULA.IF YOU DO NOT AGREE TO THESE EULA TERMS, YOU
MUST NOT INSTALL, COPY, DOWNLOAD, OR OTHERWISE USE
THE SOFTWARE PRODUCT; YOU MAY RETURN THE UNUSED
SOFTWARE PRODUCT, ALONG WITH YOUR CASIO
HARDWARE (IF THE CONPUTER SOFTWARE IS INSTALLED ON
YOUR CASIO HARDWARE). WITHIN 20 DAYS OF PURCHESE TO
YOUR PLACE OF PURCH FOR A FULL REFUND.
1. GRANT OF LICENSE.
CASIO grants you the following rights
provided you comply with all terms and conditions of this EULA:
a. Use. You may use the Software Product on a single computer ("You
Computer"). You may not separate component parts of the Product for
use on more than one computer. You do not have the right to distribute
the Product. You may load the Software Product into Your Computer's
temporary memory (RAM) for purposes using the Software Product.
b. Storage. You may copy the Product into the local memory or storage
device of CASIO Hardware.
c. Copying. You may make archival or back-up copies of the Software
Product, provided the copy contains all of the original Software Product's
proprietary notices and that it is used only for back- up purposes.
d. Reservation of Rights. CASIO reserves all rights not expressly granted
to you in this EULA.
e. Freeware. Notwithstanding the terms and conditions of this EULA, all or
any portion of the Software Product which constitutes non-proprietary
CASIO software or software provided under public license by third parties
("Freeware"), is licensed to you subject to the terms and conditions of the
software license agreement accompanying such Freeware whether in the
form of a discrete agreement, shrink wrap license or electronic license
terms accepted at time of download. Use of the Freeware by you shall be
governed entirely by the terms and conditions of such license.
2. UPGRADES.
To use a Software Product identified as an upgrade, you
must first be licensed for the original Software Product identified by CASIO
as eligible for the upgrade. After upgrading, you may no longer use the
original Software Product that formed the basis for your upgrade eligibility.
3. ADDITIONAL SOFTWARE.
This EULA applies to updates or
supplements to the original Software Product provided by CASIO unless
CASIO provides other terms along with the update or supplement.
4. TRANSFER.
a. Third Party. The initial user of the Software Product may make a one-time
transfer of the Software Product ot another end user. Any transfer must
include all component parts, media, printed materials, this EULA, and if
applicable, the Certificate of Authenticity. The transfer may not be an
indirect transfer, such as a consignment. Prior to the transfer, the end user
receiving the transferred product must agree to all the EULA terms. Upon
transfer of the Software Product, your license is automatically terminated.
b. Restrictions.
You may not rent, lease or lend the Software Product
or use the Software Product for commercial timesharing or bureau use.
You may not sublicense, assign or transfer the license or Software
Product except as expressly provided in this EULA.
5. PROPRIETARY RIGHTS.
All intellectual property rights in the
Software Product and user documentation are owned by CASIO or its
suppliers and are protected by law, including but not limited to United States
copyright, trade secret, and trademark law, as well as other applicable laws
and international treaty provisions. You shall not remove any product
identification, copyright notices or proprietary restrictions from the Software
Product. CASIO and its suppliers retain all rights not expressly granted.
6. LIMITATION ON REVERSE ENGINEERING.
You may
not reverse engineer, decompile, or disassemble the Software Product,
except and only to the extent that (a) the right to do is mandated under
applicable law notwithstanding this limitation or (b) it is expressly
provided for in this EULA.
7. TERM. This EULA
is effective unless terminated or rejected. You
may reject or terminate it at anytime by destroying the Software Product
together with all copies, modifications, and merged portions in any form.
This EULA will also terminate upon conditions set forth elsewhere in this
EULA or if you fail to comply with any term or condition of this EULA.
You agree upon such termination to destroy the Software Product together
with all copies, modifications, and merged portions in any form.
8. CONSENT TO USE OF DATA.
You agree that CASIO and its
affiliates may collect and use technical information you provide in relation
to support services related to the Software Product. CASIO agrees not to
use this information in a form that personally identifies you except to the
extent necessary to provide such services.
9. DISCLAIMER OR WARRANTIES.
TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, CASIO AND ITS
SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AS IS AND WITH
ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES
AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT,
ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE,
AND OF LACK OF VIRUSES ALL WITH REGARD TO THE
SOFTWARE PRODUCT. Some states/jurisdictions do not allow exclusion of
implied warranties or limitations on the duration of implied warranties, so the
above disclaimer may not apply to you in its entirety.
10. LIMITATION OF LIABILITY.
Notwithstanding any damages that
you might incur, the entire liability of CASIO and of its suppliers under any
provision of this EULA and your exclusive remedy for all of the foregoing
shall be limited to the greater of the amount actually paid by you for the
Software Product or U.S. $5.00. TO THE MAXIMUM EXTENT
PERMMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CASIO
OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS OR CONFIDENTIAL OR OTHER INFORMAION, FOR
BUSINESS INTERRUPTION, FOR PERSONAL INJURY FOR LOSS OF
PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE
USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, OR
OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS
EULA, EVEN IF CASIO OR ANY SUPPLIER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY
FAILS OF ITS ESSENTIAL PURPOSE. Some states/jurisdictions do not
allow the exclusion or limitation of incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
11. U.S.GOVERNMENT CUSTOMERS.
Consistent with FAR
12.211 and 12.212, Commercial Computer Software, Computer Software
Documentation, and Technical Date for Commercial Items are licensed to
the U.S. Government under CASIO's standard commercial license.
12. COMPLIANCE WITH LAW.
You shall comply with all laws
and regulations of the United States and other countries ("Except Laws")
to assure that the Software Product is not (1) exported, directly or
indirectly, in violation of Export Laws, or (2) used for any purpose
prohibited by Export Laws, including, without limitation, unclear,
chemical, or biological weapons proliferation.
13. CAPACITY AND AUTHORITY TO CONTRACT.
You
represent that you are of the legal age of majority in your state of
residence and, if applicable, you are duty authorized by your employer to
enter into this contract.
14. APPLOCABLE LAW. This EULA
is governed by the laws of
the State of Texas, U.S.A.
15. ENTIRE AGREEMENT.
This EULA (including any addendum or
amendment to this EULA which is included with the Product) is the entire
agreement between you and CASIO relating to the Software Product and it
supersedes all prior or contemporaneous oral or written communications,
proposals and representations with respect to the Software Product or any
other subject matter covered by this EULA. To the extent the terms of any
CASIO policies or programs for support services conflict with the terms of
this EULA, the terms of this EULA shall control.
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