MITUTOYO SOFTWARE LICENSE AGREEMENT
Please read the following carefully before use.
When you agree to comply with this Mitutoyo Software License Agreement, you may use the Mitutoyo software product.
Make sure that you read all of the terms and conditions of this Mitutoyo Software License Agreement carefully before installing or using the software product that is distributed with this Agreement.
BY CLICKING ON THE "AGREE" BUTTON, DOWNLOADING THE SOFTWARE PRODUCT, INSTALLING THE SOFTWARE PRODUCT ON AND/OR USING THE EQUIPMENT THAT CONTAINS THIS SOFTWARE PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK ON THE “AGREE” BUTTON AND DO NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE PRODUCT.
Mitutoyo Corporation grants to you a non-transferable and non-exclusive license to use of this software program(s), program disk(s), dongle(s) and manual(s) distributed with this Mitutoyo Software License Agreement (collectively, hereinafter referred to as the "Software Product"), under the following terms and conditions.
You are granted to use the Software Product, when you agree to comply with all of the terms of this Mitutoyo Software License Agreement (hereinafter referred to as the "License Agreement").
Installation or use of the Software Product constitutes your acceptance of all of the terms of this License Agreement and your agreement to be bound by and become a party to this License Agreement.
If you do not agree with all the terms of this License Agreement, you may not use the Software Product.
This license hereunder allows you to use one copy of the Software Product on a single computer system. You must obtain another license, if you use the Software Product or a copy of it on another computer system.
Mitutoyo Corporation may immediately terminate this License Agreement, if you fail to comply with any of terms of this License Agreement. In such a case, you must not use any of the Software Product and must return all of the Software Product to Mitutoyo Corporation.
The Software Product is licensed, not sold, to you for use only under the terms of this License Agreement.
You have no right to the Software Product except as expressly granted in this License Agreement. All rights not expressly granted herein are reserved by Mitutoyo Corporation.
2 Copy restrictions
Except as expressly granted under this License Agreement, you may not copy any of the Software Product.
You may not assign, rent, lease, sublicense, lend, distribute or otherwise transfer this License Agreement, the rights granted under this License Agreement, the Software Product, or other items contained in this software package, to a third party without the prior written consent of Mitutoyo Corporation.
You may not print, copy, reverse engineer, disassemble, decompile or modify the Software Product in whole or in part, except as expressly granted for in the instruction manual distributed with this License Agreement.
3 Limited warranty
In case of a malfunction, which Mitutoyo judges as fatal defect affecting an intended material performance or functions of the Software Product, Mitutoyo will at its option provide the modified version of the Software Products on the website of Mitutoyo.
Customer's exclusive remedy and the entire liability of Mitutoyo and its suppliers and related companies under this limited warranty will be, at Mitutoyo's sole and exclusive option, the aforesaid provision of the modified version at its option.
In no event does Mitutoyo warrant that the Software Product is error free or that Customer will be able to operate the Software Product without problems or interruptions or that the Software Product will work in combination with any hardware or application software products provided by third parties.
This warranty does not apply if the Software Product or any component or element thereof (or the equipment upon which such Software Product is intended to operate) (a) has been altered or modified, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Mitutoyo, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in ultra-hazardous activities.
Any warranty provided by Mitutoyo or its affiliated companies relative to the equipment/hardware upon which the Software Product is installed shall not expand, extend or otherwise modify the limited warranty set forth herein or provide any rights to Customer which are not otherwise expressly set forth herein.
EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY NATURE WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
Customer assumes all responsibility for all results arising out of its selection of the Software Product to achieve its intended results.
Except as expressly specified in this License Agreement, the Software Product is provided "As Is" and without any warranties of any kind, either expressed or implied, including merchantability, fitness for a particular purpose.
Except as expressly specified in this License Agreement, in no event shall Mitutoyo Corporation be liable to you, any person or any entity for any direct, indirect, incidental, special or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising of the use of or inability to use the Software Product, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Mitutoyo Corporation has been advised of the possibility of such damages.
(1) You shall agree to commit no act which would, directly or indirectly, violate any law or regulation of Japan or any other countries, relating to the export or re-export of any commodities, the Software Product or technical data described in this License Agreement.
(2) You agree to submit to the exclusive jurisdiction of the district courts in Tokyo in Japan with respect to any dispute, controversy or claim arising out of, relating to or in connection with this License Agreement.