Important Notice
Prior to making use of this software, it is requested that the following End User Software License Agreement (hereinafter referred to as the “EULA”) be read without exception.
Use of this software product (hereinafter referred to as the “Software”) shall be conditional upon granting consent to all of the provisions contained within this EULA. Initiation by customers of the installation, duplication or use of the Software shall be construed as comprising agreement with all of the provisions of the EULA.
In the event of failure by customers to agree to the terms of the EULA, it shall not be possible to use the Software. Upon terminating use of the Software, it shall be required that all duplications of the Software and the component parts thereof be destroyed immediately.
1. Definition
The Software shall refer to the software, updated software and related materials supplied to customers by HORIBA Advanced Techno, Co., Ltd. (hereinafter referred to as “HORIBA Advanced Techno”).
2. Licensing of Installation and Use
HORIBA Advanced Techno hereby agrees to license the following rights to customers on the condition of compliance by the said customers with all provisions of the EULA.
2.1. Installation and Use Rights
It shall be possible to install and use the Software in one (1) device complying with the system requirements specified in the instruction manual.
3. Retention of Intellectual Property Rights and Other Rights
HORIBA Advanced Techno shall retain all rights other than rights explicitly licensed to customers in the EULA. The Software is protected under laws and conventions pertaining to copyrights and other intellectual property rights. HORIBA Advanced Techno shall only license to customers the installation and use of the Software, and shall not sell the Software to customers. The EULA shall not license to customers the use of any rights pertaining to the trademarks of HORIBA Advanced Techno.
4. Open Source Software
If the Software includes open source software (hereinafter referred to as the "OSS") owned by a third party other than HORIBA Advanced Techno, customers shall comply with the terms and conditions required by the OSS. HORIBA Advanced Techno grants the license for the use of the Software to customers so long as customers comply with such terms and conditions. In the event of inconsistency between the terms and conditions of the OSS and EULA, the terms and conditions of the OSS shall prevail. For customers' information, the OSS included in the Software is described in the instruction manual.
5. Backup Copies
Customers shall be able to make one copy of the Software to devices at their own discretion for purposes limited to backup.
Installation and duplication of the Software by customers shall be limited to cases pursuant to this Article and Article 2.
6. Matters Banned and Restricted
6.1. Bans on Reverse Engineering, Decompilation and Disassembly
Customers shall not be allowed to reverse engineer, decompile or disassemble the Software.
6.2. Bans on Changes
Customers shall not be allowed to amend, modify, translate or enact any other changes in the Software.
6.3. Restrictions on Use Purposes
Customers shall be able to use the Software only for the sake of purposes of use by the customers themselves. It shall not be permissible to use the Software for any other purposes.
6.4. Bans on Use in Servers
Installation by customers of the Software in computer file servers or the use of the Software on such servers is banned. Duplication to network servers for purposes of distribution is likewise banned.
6.5. Ban on Separation of Component Parts
Licensing is granted for the installation, duplication and use of the Software as a single product. It shall not be permissible to separate one part of the components of the Software for installation, duplication or use in a multiple number of devices.
6.6. Ban on Transfers
Customers shall not be allowed to transfer to third parties the ownership rights for devices in which the Software has been installed or the rights licensed by HORIBA Advanced Techno pursuant to the EULA.
6.7. Restrictions on Transfers
Customers shall be able to transfer duplications of the Software to other devices. Subsequent to such transfer, it shall be required that the Software be fully deleted from the device of installation prior to the transfer in question.
6.8. Ban on Rentals, etc.
Customers shall not be allowed to rent, lease or loan the Software to third parties, either on a paid or a cost-free basis.
7. Use of Data
In the event that HORIBA Advanced Techno or any of its affiliated companies' supplies support services pertaining to the Software, there may be instances in which the technical information of customers is collected and used as one phase of such services.
8. Links to Websites of Third Parties
HORIBA Advanced Techno shall assume no responsibility for the contents of third party websites or services, the links included in the websites of third parties or changes or updates in the said websites, services or links. Such links and access to the said websites and services are supplied out of consideration for the convenience of customers, and shall not comprise any endorsement by HORIBA Advanced Techno of the contents of the websites or services of the third parties in question.
9. Restrictions on Exports
The Software shall be subject to restrictions pertaining to exports from Japan. Customers shall be required to comply with all international and domestic laws. These laws and regulations shall include restrictions pertaining to security trade controls.
10. Termination of Licensing
In the event that customers violate the provisions of the EULA, HORIBA Advanced Techno shall be able to terminate the license unconditionally. Furthermore, upon termination of the license regardless of the reason, customers shall be required to halt use of the Software as well as to destroy all duplications and component parts of the Software.
11. Governing Laws
The EULA shall be construed in accordance with the laws of Japan.
12. Exclusion of Liability
HORIBA Advanced Techno shall not guarantee any aspects of the Software either expressly or tacitly, including compatibility for specified applications. There shall also be no guarantees extended with regard to malfunctions occurring due to changes in combinations of the Software and other systems (including operating systems) and applications. HORIBA Advanced Techno shall likewise assume no liability whatsoever with regard to any types of damage resulting from use or misuse of the Software. Damages shall include but not be limited to impact occurring with regard to life and physical wellbeing, loss of business interests, interruption of business operations, loss of business information and other damages pertaining to financial losses.
13. Jurisdiction by Agreement
The Kyoto District Court shall serve as the exclusive agreement jurisdictional court of first instance with regard to any disputes pertaining to this matter.
14. Other Matters
HORIBA Advanced Techno shall be able to enact changes in the EULA without any need to provide notification to customers or complete any other types of procedures. Customers shall act pursuant to the provisions of the EULA subsequent to any changes in making use of the Software.
In the event that customers use the Software following changes made by HORIBA Advanced Techno in the EULA, it shall be considered that customers are in agreement with the provisions of the EULA subsequent to the changes in question.
There may be cases when HORIBA Advanced Techno utilizes opinions, information or other input supplied from customers regarding problems related to the use or performance of the Software for the purpose of enacting improvements in the Software or for other purposes.