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English to Japanese: Clickwrap License Agreement General field: Law/Patents Detailed field: Law: Contract(s)
Source text - English Clickwrap License Agreement
End User License Agreement
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE
BOUND BY THIS LICENSE AGREEMENT BY CLICK THE ICON LABELED "I ACCEPT" THAT IS
DISPLAYED BELOW. IF YOU DO NOT AGREE TO THIS LICENSE, CLICK THE ICON LABELED
"CANCEL" AND YOUR ORDER WILL BE CANCELED, THE SOFTWARE WILL NOT BE DOWNLOADED
AND YOU WILL NOT BE CHARGED.
1. License Grant
"You" means the person or company who is being licensed to use the Software or
Documentation. "We", "us" and "our" means DeltaSoft,Inc.
We hereby grant you a nonexclusive license to use one copy of software
downloaded( the Software) on any single computer, provided the Software is in
use on only one computer at any time. The Software is "in use" on a computer
when it is loaded into temporary memory(RAM) or installed into the permanent
memory of a computer, for example, a hard disk, CD-ROM or other storage device.
If the Software is permanently installed on the hard disk or other storage
device of a computer and one person uses that computer more than 80% of the
time, then that person may also use the Software on a portable computer.
2. Title
We remain the owner of all right, title and interest in the Software and
related explanatory written materials ("Documentation").
3. Backup Copies
You may copy the Software for back-up purposes, provided that the original and
each copy is kept in your possession and that your installation and use of the
Software do not exceed that allowed in the "License Grant" section above.
4. Things You May Not Do
The Software and Documentation are protected by Japanese copyright law
and international treaties. You shall treat the Software and Documentation like
any other copyrighted material. You may not:
(1) copy the Documentation,
(2) copy the Software except to make backup copies as provided above,
(3) modify or adapt the Software or merge it into another program,
(4) reverse engineer, disassemble, decompile or make any attempt to discover
the source code of the Software,
(5) place the Software onto a server so that it is accessible via a public
network such as the internet, or
(6) sublicense, rent, lease or lend any portion of the Software or
Documentation.
5. Transfers
You may transfer all your rights to use the Software and Documentation to
another person or legal entity provided you transfer this Agreement, the
Software and Documentation, including all copies, update and prior versions to
such person or entity and that you retain no copies, including copies stored on
computer.
6. Limited Warranty
We warrant that for a period of 90 of days after delivery of this copy of the
Software to you:
(1) the media on which this copy of the Software is provided to you will be
free from defects in materials and workmanship under normal use, and
(2) the Software will perform in substantial accordance with the Documentation.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS
IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE
DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS,INCLUDING ANY IMPLIED
WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, regardless of whether we know or had reason to know of your
particular needs.
7. Limited Remedy
Our entire liability and your exclusive remedy for breach of the foregoing
warranty shall be, at our option, to either:
(1) return the price you paid, or
(2) repair or replace the Software or media that does not meet the foregoing
warranty if it is returned to us with a copy of your receipt.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST
PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
FROM THE USE OR THE INABILITY TO USE THE SOFTWARE(EVEN IF WE OR AN AUTHORIZED
DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES) OR
FOR ANY CLAIM BY ANY OTHER PARTY.
8. Term and Termination
This license agreement takes effect upon your use of the Software and remains
effective until terminated. You may terminate it at any time by destroying all
copies of the Software and Documentation in your possession. It will also
automatically terminate if you fail to comply with any terms and conditions of
this license agreement.
9. Confidentiality
The Software and the Documentation contains trade secrets and proprietary
know-how that belong to us and it is being made available to you in strict
confidence.
ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR
INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY
BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
10. General Provisions
(1) This written license agreement is the entire agreement between you and us
concerning the Software and Documentation and supersedes any prior purchase
order, communication, advertising or representation concerning the Software
and Documentation.
(2) This license agreement may be modified only by a writing signed by you and
us.
(3) This license agreement is governed by the laws of Japan.