License Grant.
KYOCERA Document Solutions Inc. (“KYOCERA”) grants you a non-exclusive and non-transferable license to install and use the software program and related documentation accompanying this License Agreement (all referred to herein as the “Licensed Products”) on any single computer.
License Restrictions.
Ownership and Copyright.
You acknowledge and agree that this license is not a sale, and KYOCERA and its licensors retain all right, title, and interest in the Licensed Products. It is expressly agreed by you that KYOCERA and its licensors are and will continue to be the owners and/or holders of any and all copyrights and all other intellectual property with respect to the Licensed Products.
Disclaimer of Warranty.
KYOCERA PROVIDES THE LICENSED PRODUCTS ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITION OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability.
IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL KYOCERA BE LIABLE TO YOU FOR DAMAGE, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING AS A RESULT OF THIS LICENSE AGREEMENT OR OUT OF THE USE OR INABILITY TO USE THE LICENSED PRODUCTS (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES), EVEN IF KYOCERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KYOCERA BE LIABLE FOR DAMAGES N EXCESS OF THE AGGREGATE LICENSE FEES PAID FOR THE LICENCED PRODUCTS.
Term and Termination.
This License Agreement will terminate immediately without notice from KYOCERA if you fail to comply with any provision of this License Agreement. Upon such termination you must destroy the Licensed Products and all accompanying written materials and copies, and all restrictions and disclaimers set forth in this License Agreement shall remain in effect.
Export Control.
You may not use, export or re-export the Licensed Products or any copy in violation of any applicable laws or regulations. Specifically, you may not export or re-export the Licensed Products to any country to which the United States embargoes its goods; and you may not distribute the Licensed Products to any person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
Miscellaneous.
This License Agreement shall constitute the entire agreement between the parties relating to the Licensed Products and supersedes all prior agreements, written or verbal. No modification or waiver of any term of this License Agreement shall be effective unless set forth in writing and signed by an authorized representative of each party. No failure to enforce any provision of this Agreement shall be construed as a waiver. If a court of competent jurisdiction holds any provision of this License Agreement invalid or unenforceable, the remaining provisions will remain in full force and effect.