End-User License Agreement for Brother Software

End-User License Agreement for Brother Software

IMPORTANT-PLEASE READ CAREFULLY

This End-User License Agreement ("EULA") is a legal agreement between you and Brother Industries, Ltd.("Brother"),which governs your use of Brother software that will be downloaded from this website to your computer hardware ("SOFTWARE"). If you agree to be legally bound by the terms of this EULA, you may download the available software on this website. If you do not agree to the terms of this EULA, Brother is unwilling to license the SOFTWARE to you. In such case, you may not use the SOFTWARE.

Terms and Conditions.

1.Ownership.

All right, titles and interest in and to the SOFTWARE and the files associated therewith are owned by Brother or its suppliers.The foregoing rights to the SOFTWARE are limitedly licensed to you as mentioned in following Article2. Nevertheless, this provision should not be construed as an expression to assign or sell any copyrights or any other intellectual property rights to the SOFTWARE from Brother to you.

2.Grant of License.

2.1	Brother grants you a non-exclusive license to install and use one copy of the SOFTWARE on one computer hardware.
2.2	Brother further grants you a license to make only one copy of the SOFTWARE solely for archival purposes. Any such copy shall also reproduce all copyright and intellectual property rights notices.
2.3	Except for expressly stipulated in Sections 2.1 and 2.2 above, Brother does not grant you any license relating to the SOFTWARE. Especially, you may not (i) make any copies of the SOFTWARE except as expressly permitted in accordance with Sections 2.1 and 2.2 of this EULA, (ii) modify the SOFTWARE, (iii) reverse engineer, disassemble, decompile or use the SOFTWARE to create any derivative software, unless such activity is expressly permitted by applicable law notwithstanding this limitation, (iv) use the SOFTWARE on more than one computer hardware concurrently, (v) rent or lease the SOFTWARE, (vi) make available to download the SOFTWARE to the public, or (vii) transfer the SOFTWARE to any third person or parties by wire or any other means.

3.No Warranties

BROTHER IS IN NO EVENT RESPONSIBLE TO ANY WARRANTIES REGARDING TO THE SOFTWARE DOWNLOADED BY YOU. BROTHER SHALL IN NO EVENT WARRANTS THAT THE SOFTWARE HAS NO BUGS OR OTHER NON-CONFORMANCES, THAT THE SOFTWARE DOES NOT INFRINGES ANY OTHER THIRD PARTIES RIGHTS, OR THE SOFTWARE'S CORRECTIVENESS OR COMPLETENESS.

4.Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BROTHER EXPRESSLY DISCLAIMS ANY LIABILITY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE. FURTHER, IN NO EVENT SHALL BROTHER BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, INCIDENTIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, EVEN IF BROTHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5.Term.

This Agreement will become effective upon your acceptance and continue in effect unless you cease to use the Software. However, Brother may terminate this Agreement without notice if you breach any of its provisions.

6.Governing Laws.

This English language translation of the original Japanese language Agreement is governed and controlled under the jurisdiction of the laws of Japan. If any of the provisions of this Agreement shall be declared void, such provisions shall be severable and independent from the other provisions of this Agreement, and the validity of the other provisions and of the entire Agreement shall not be affected.