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English
Software License Agreement
The software embedded in the Product (hereinafter the "Licensed Software") provided by
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.
Article 11
Export Restriction
1. It is prohibited to export the Licensed Software and any related documents outside
the country of the User (including transmission thereof outside the country of the
User via Internet of other communication tools).
2. The User shall understand that the Licensed Software shall be subject to the export
restrictions adopted by the country of User and any other countries.
3. The User shall agree that the software will be subject to any and all applicable
international and domestic laws (including the export control regulation of the
country of User and any other countries, and any restrictions concerning the end-
users, the use by end-users and importing countries to be provided by the country of
User and any other countries, and any other governmental authorities).
Article 12
Miscellaneous
1. In the event any part of this Agreement is invalidated by operation of law, the residual
provisions shall continue in force.
2. Matters not stipulated in this Agreement or any ambiguity or question raised in
the construction of this Agreement shall be provided or settled upon good-faith
consultation between the Licensor and the User.
3. The Licensor and the User hereby agree that this Agreement is governed by the laws
of Japan, and any dispute arising from, and relating to the rights and obligations
under, this Agreement shall be submitted to the exclusive jurisdiction of the Tokyo
District Court for its first instance.
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