Before you begin downloading any software or documentation from Kyocera Document Solutions Europe BV, it is important that you carefully read and understand the terms and conditions of the license agreement. By clicking on the “accept and continue” button, you are accepting and agreeing to be bound by these terms and conditions. However, if you do not agree to all of the terms and conditions, you should click on the “cancel” button and refrain from using the software and/or documentation.
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License Agreement
When you accept the terms and conditions of this License Agreement, Kyocera Document Solutions Europe BV, also known as the “Licensor,” grants you, the “Licensee,” a limited, non-exclusive, non-transferrable license to use the Software and/or the Documentation in accordance with the terms set forth in this Agreement.
Using the Software
Use of Software
The Licensor grants the Licensee the right to use the Software on one or more computers connected to an original “KYOCERA” printer, copier, or multifunctional device. This includes the storing, loading, installing, executing, or displaying of the Software on the licensed hardware. Any use of the Software on other hardware requires a separate license agreement.
Intellectual Property Rights
All ownership and intellectual property rights in the Software and any derivative works belong exclusively to the Licensor and/or its licensors. Licensee acknowledges these ownership rights and agrees not to jeopardize or interfere with them. Licensee may not remove or alter any trademark, logo, copyright, or other proprietary notices without prior written permission from the Licensor.
Rights to Copy Software
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Licensee may make copies of the Software if essential for usage, including installation and temporary loading into RAM. Licensee may also create a backup copy for securing later use. However, the number of backup copies should be kept to a minimum and used for archival purposes only. Licensee is prohibited from making any further copies or decompiling the Software.
Transfer of Software
The license automatically terminates upon any transfer of the Software to a third party. The transferee will be regarded as a Licensee, subject to the terms and conditions of this Agreement. The Software may only be transferred if the transferee accepts these terms and conditions. Licensee must inform the transferee of these terms, and upon transfer, Licensee must destroy any copies of the Software.
Limited Warranty
The Licensor warrants that the Software will conform to the accompanying documentation and written descriptions. However, the Software is provided “as is,” without any other warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. The Licensor is not responsible for any errors in the Software or their rectification. Licensee assumes all costs and expenses associated with such errors.
Using the Documentation
Warranty
The Documentation is also provided “as is” and without warranty of any kind. The Licensor excludes all warranties, representations, terms, conditions, or other commitments, including merchantability, fitness for a particular purpose, satisfactory quality, and reasonable skill and care.
Intellectual Property Rights
All ownership and intellectual property rights in the Documentation and any derivative works belong exclusively to the Licensor and/or its licensors. Licensee may not remove or alter any trademark, logo, copyright, or other proprietary notices without prior written permission from the Licensor.
Rights to Copy Documentation and Use
Licensee may copy and use the Documentation for internal reference purposes only. The Documentation is not for resale.
Liability and Termination
Liability
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The Licensor’s liability for breach of this Agreement or tort is limited to the license fee paid by the Licensee. The Licensor is not liable for any incidental or consequential damages, including loss of profits, goodwill, business, data, or other special, indirect, or consequential damage.
Termination of the Agreement
This Agreement comes into effect when the Licensee accepts its terms. The license and right to use the Software and/or Documentation automatically terminate in case of breach. Either party may terminate this Agreement by giving a fourteen-day written notice. Upon termination, Licensee must destroy all copies of the Software and/or Documentation.
Additional Agreements and Notices
This Agreement governs the contractual relationship between Licensor and Licensee. Any prior contracts or agreements are null and void upon acceptance of this Agreement. Amendments to this Agreement must be made in writing.
Any notifications to the Licensor should be sent to the address provided below:
KYOCERA DOCUMENT SOLUTIONS EUROPE B.V.
Beechavenue 27
1119 RA Schiphol-Rijk, the Netherlands
Governing Law and Jurisdiction
All relations between Licensor and Licensee are governed by the laws of the Netherlands, excluding the Vienna Convention on Contracts for the International Sale of Goods (CISG). Any disputes arising from this Agreement shall be settled in the competent court in Amsterdam, the Netherlands.
By accepting this Agreement, you acknowledge that you have read and understood the terms and conditions and are legally bound by them.
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