Image Express Utility 2 for Mac OS (Intel)
NOTICE TO USER
PLEASE READ CAREFULLY THIS END USER LICENSE AGREEMENT ("EULA") FOR " IMAGE EXPRESS UTILITY 2 FOR MAC OS (Intel) " ("SOFTWARE") PROVIDED WITH THE EULA. BY DOWNLOADING THE SOFTWARE OR PRESSING "Yes" BUTTON BELOW, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA.
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, PRESS "No" BUTTON BELOW AND DO NOT DOWNLOAD THE SOFTWARE, IN WHICH CASE YOU WILL NOT BE ABLE TO USE THE SOFTWARE.
END USER LICENSE AGREEMENT
NEC Display Solutions, Ltd. ("NECDS") grants you ("User") a license to use the Software, provided that User agrees to the following terms of this EULA. User assumes responsibility for the selection, adoption, use and the result of use of the Software to achieve its intended result.
- This EULA will become effective on the day you receive this Software.
- User may terminate the right to use the Software hereunder at any time by returning or destroying the Software and its related documentation.
- NECDS may terminate User's right to use the Software at any time if User fails to abide by any terms of EULA.
- User's right to use the Software continues to exist until it terminates in accordance with the provisions of this EULA.
- When User's right to use the Software terminates, all of its other rights under this EULA also terminate. User must destroy the Software, the related documentation and all the copies of them, as soon as its right to use the Software terminates.
User uses the Software on personal computers only for operating or otherwise utilizing NECDS's Projector products to be specified by NECDS ("Projector").
Replication, modification and merger of the Software
- User may make copies of the Software and related documentation to the extent necessary for using the Projector. In this case, User agrees to reproduce the NECDS's copyright notice and other notice on any such copies as made under this section.
- User may not use, copy, modify, merge or otherwise dispose of the Software, except as expressly permitted in the EULA.
- No provision in the EULA shall be construed to assign and/or transfer any intellectual property right in the Software to User.
Transfer of the Software
- User may transfer the Software to any third party, provided always that:
- User must transfer to such third party the Software and all the related documentation with all copies thereof, and retain none of them.
- Such third party has agreed to the terms and conditions of EULA.
- Except as otherwise expressly permitted in the EULA, User may not sublicense, assign, transfer or otherwise dispose of the license for the Software.
User may not reverse engineer, decompile, and/or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Limitations of Warranty
Except as expressly specified herein, the Software is provided "as is" without
warranty of any kind, including but not limited to implied warranties for fitness for a particular purpose, merchantability, title and non-infringement of any third party rights.
Limitations of Liability
In no event shall NECDS be responsible for any direct, indirect, consequential or special damages or lost profits even if NECDS has been advised of the possibility of such damages, and/or for any claim for compensation or damage by any third party to User.
- The validity, interpretation, construction and performance of EULA shall be
governed by the laws of Japan.
- User shall not export the Software, all the related documentation and all
copies thereof to any country to which such export would be prohibited by any applicable laws.
- Disputes over the EULA are to be settled at the Tokyo District Court as the exclusively agreed competent court.
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