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Software License Agreement

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IMPORTANT

If you do not agree to the terms of this Software License Agreement (“Agreement”), you may not use this software.
 
Please read this Agreement carefully before downloading or using the software and accompanying documentation ("Software"). By downloading the Software, you are indicating your acceptance of these terms and conditions and this Agreement is deemed effective between you and Oki Electric Industry Co., Ltd. ("OKI").

1.  Scope of the license

OKI grants, and you accept, a non-exclusive license to download and use the Software solely in conjunction with OKI's printer product or MFP purchased by you. You may make one copy of the Software only for backup purpose. Any copies of the Software that you are permitted to make herein must contain the same copyright and other proprietary notices that appear on or in the Software. Other than that, you agree not to copy, reproduce, or allow anyone to copy or reproduce, the Software, in whole or in part.

2.  Ownership and Restriction

(1) The Software is licensed, not sold. OKI or its licensors own all the copyright and proprietary rights in and to the Software. The structure, organization and code contained in the Software are the valuable trade secrets of OKI and its licensors. The Software is also protected by United States Copyright Law and International Treaty provisions. You must treat the Software just as you would treat any other copyrighted material, such as a book.
(2) Except as stated in Section 1, you may not copy, rent, lease, sell, distribute, transfer or sublicense the Software, in whole or in part.
(3) You agree not to modify, alter, translate, reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of, the Software.
(4) You agree not to change the file names for the Software.
(5) You agree not to modify or delete the copyright or other proprietary notices included in the Software.
(6) Except as stated in this Agreement, OKI does not grant you any intellectual property rights in or to the Software.

3.  Term and Termination

(1) This Agreement is effective until terminated.
(2) The Agreement will also terminate where you choose to terminate it by destroying the Software and its documentation together with all copies.
(3) OKI may terminate this Agreement if you fail to comply with any of the terms and conditions of this Agreement. Upon termination, you shall destroy the Software and its copies in your possession and control.

4.  Warranty

THE SOFTWARE IS PROVIDED "AS IS".  NEITHER OKI NOR ITS LICENSORS WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR WILL MEET YOUR NEEDS.  OKI AND ITS LICENSORS MAKE NO WARRANTY, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

5.  Disclaimer of Liability

IN NO EVENT WILL OKI OR ITS LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF SAVINGS, OR LOSS OF DATA, EVEN IF OKI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE NOR FOR ANY CLAIM BY ANY THIRD PARTY(IES) IN ANY WAY ARISING OUT OF OR RELATING TO THE SOFTWARE, WHETHER THE CLAIM ALLEGES TORTIOUS CONDUCT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY, OR FOR ANY CLAIM BY ANY THIRD PARTY.

6.  Governing Law

This Agreement shall be governed by the laws of Japan.

7.  Severability

If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

8.  Export Restriction

You agree that the Software will not be shipped, transferred, exported or re-exported into any country or used in any manner prohibited by U.S., Japanese or any other applicable export laws or regulations.  You agree that it will not export or re-export the Software or products produced therefrom in any form without appropriate U.S., Japanese or any other governmental licenses. This Agreement shall automatically terminate upon failure by you to comply with this Section 8.

9.  Entire Agreement

You represent that you read and understand this Agreement and that this Agreement constitutes the entire understanding and agreement between you and OKI as to the license relating to the Software, and supersedes and replaces any prior agreement, written or oral.
Your obligations in this Agreement constitute the obligations to OKI and all owners of the right licensed to you under this Agreement.

10. Notice to U.S. Government End Users

The Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
"Software" in this section is deemed to be the Software defined in this Agreement.

11. You acknowledge and agree that OKI's licensors are third party beneficiaries of this Agreement and shall have the right to enforce the terms and conditions of this Agreement.

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- Some of the Software may include a separate software license agreement and if you agree to the separate software license agreement, the terms of such agreement shall prevail for the use of the software.
- The Software is subject to improvement or change without notice.

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