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IMPORTANT
Product Name: DST-i Communication Interface Software Number of License: One NOTICE TO USER: Please read the following License Agreement carefully. The License Agreement is a contract. This software product of "DST-i Communication Interface Software", including any document related thereto, is protected by copyright laws and international treaties. You must agree to all of the terms and conditions of the License Agreement before installing or using wholly or partially the product. If you do not agree to any of the terms and conditions of the License Agreement, do not use this product. DENSO CORPORATION
License Agreement This software product of "DST-i Communication Interface Software", including any document related thereto (the "Software") is the copyrighted work of DENSO CORPORATION ("DENSO") and its licensor. Under this Agreement, the Software is licensed to you by DENSO subject to the terms and conditions below, not sold nor assigned to you by DENSO. If you use the Software as a natural person, "you" herein means such natural person, and if you use the Software as an officer, employee, agent or other member (including a partner of a partnership) of any legal entity, "you" herein means such legal entity. This Agreement shall take effect as from the day you agree to all of the terms and conditions of the License Agreement. 1. Limited License DENSO grants you a non-exclusive license to install the Software into your DST-i hardware in your possession or under your control only ("Hardware"), and to use the Software for the sole purpose of diagnosing the trouble of vehicle electronic control systems ("Purpose"). 2. Restrictions (i) You shall not install the Software for any purpose other than Purpose, and shall not use the Software for any purpose other than Purpose. (ii) You shall not use the Software with any hardware other than Hardware. (iii) You shall not rent, lease, sell, sublicense, assign, or otherwise transfer the Software or this Agreement to any third party; provided, however, that you may assign all of the Software and this Agreement, not part thereof, to your assignee perpetually subject to agreement of such assignee to all of the terms and conditions of this Agreement. (iv) You shall not copy, reverse engineer, decompile, disassemble, merge, modify or translate the Software. However, you may make one copy of the Software for the sole purpose to make a backup of the Software. (v) You shall not remove nor obscure DENSO’s copyrights, trademarks or other proprietary notices or legends from any of the materials of the Software. (vi) You shall not use the Software and/or technology provided by DENSO, or any other products, software and/or technology manufactured or developed by using them for the purposes of disturbing international peace and security, including (1) the design, development, production, stockpiling or use of weapons of mass destruction such as nuclear, chemical or biological weapons or missiles, (2) the other military activities, or (3) any use supporting these activities. (vii) You shall not sell, export, dispose of, license, rent, transfer, disclose or otherwise provide the Software to any third party, whether directly or indirectly, with knowledge or reason to know that the third party or any other party will engage in the activities described above. (viii) You shall not directly or indirectly, export, re-export, transship or otherwise transfer the Software in violation of any applicable export control laws or regulations promulgated and administered by the governments of the countries asserting jurisdiction over the parties or their transactions. (ix) You shall not illegally download the Software from official Webpage of DENSO. If you illegally download the same, your access key becomes invalidated. 3. Violation of this Agreement Unauthorized install, copy or use of the Software may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible. All your rights granted hereunder shall automatically terminate if you fail to comply with any terms and conditions of this Agreement. You shall destroy or erase all of the Software from all media in your possession or under your control if you fail to comply with any terms and conditions of this Agreement. The termination of this Agreement shall not prejudice any rights and remedies that DENSO may have against you. 4. Disclaimer of Warranty; Limitation of Liability THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY KIND OF WARRANTY OF ANY PURPOSE. THE SUPPLY OF THE SOFTWARE OR THE GRANT OF RIGHTS HEREUNDER BY DENSO SHALL NOT IMPLY ANY WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS HELD BY A THIRD PARTY. DENSO MAKES NO REPRESENTATIONS NOR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DENSO ASSUMES NO RESPONSIBILITY FOR THE APPLICATION OF, ERRORS NOR OMISSION IN THE SOFTWARE. IN NO EVENT SHALL DENSO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RESULTING FROM ANY PART OF THE SOFTWARE, THE INSTALLATION OR COPY OF THE SOFTWARE, THE USE OF THE SOFTWARE, OR INABILITY TO USE THE SOFTWARE. FURTHERMORE, DENSO SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGES OR COSTS ARISING OUT OF LOST PROFITS OR REVENUE, LOSS OF USE OF THE SOFTWARE , LOSS OF DATA OR EQUIPMENT, COST OF RECOVERING THE SOFTWARE, DATA OR EQUIPMENT, THE COSTS OF SUBSTITUTE THE SOFTWARE, MEDIA, DATA OR EQUIPMENT OR OTHER SIMILAR COSTS, AND SHALL BE FULLY INDEMNIFIED FROM ANY CLAIM ASSERTED BY YOU OR ANY THIRD PARTY. 5. Governing Law This Agreement shall be governed as to all matters including validity, construction and performance, by and under the laws of Japan, without reference to its conflicts of law principles. 6. Arbitration Any disputes arising out of this Agreement shall be finally settled by arbitration in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The award of arbitration shall be final and binding upon the parties. Arbitration shall be held in Tokyo, Japan. |