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License Agreements
 
DEVELOPMENT SOFTWARE LICENSE AGREEMENT

 

END-USER LICENSE AGREEMENT FOR BTFCom Co., Ltd.
 
IMPORTANT-READ CAREFULLY:
This BTFCom Co., Ltd. Development License Agreement ("LICENSE") is a legal agreement between you (either an individual or a single entity) and BTFCom Co., Ltd. for the BTFCom software product identified above, which includes computer software and associated media and printed materials, and may include "on-line" or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, promptly return the unused SOFTWARE to the place from which you obtained it for a full refund.
SOFTWARE PRODUCT LICENSE. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
 
1. GRANT OF DEVELOPMENT LICENSE
This LICENSE grants you the following rights:
a. You may use ONE (1) copie of BTFCom Co., Ltd. Software Product identified above on any computer systems.
b. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.
c. Solely with respect to electronic documents included with the SOFTWARE, you may make an unlimited number of copies (either in hard copy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party.
d. This software is for development of End-User software solutions. Any such software solution produced utilising the BTFCom Co., Ltd. Software Product identified above will require a separate End User License Agreement for distribution of runtimes.
 
2. COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to any runtime codes, images, photographs, animation, video, audio, music, text, interfaces and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE are owned by BTFCom Co., Ltd. or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material. You may not copy the printed materials accompanying the SOFTWARE.
 
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
a. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
b. No Separation of Components. The SOFTWARE is licensed as a single product and neither the software programs comprising the SOFTWARE or any UPDATE may be separated for use by more than one user at a time.
c. Rental. You may not rent or lease the SOFTWARE.
d. Software Transfer. This SOFTWARE LICENSE may NOT be transferred to any 3rd party under any circumstances.
e. Termination. Without prejudice to any other rights, BTFCom Co., Ltd. may terminate this LICENSE if you fail to comply with the terms and conditions of this LICENSE. In such event, you must destroy all copies of the SOFTWARE.
f. This SOFTWARE includes distributable components for inclusion with end-user software solutions. Each distributed copy requires an END USER LICENSE.
 
4. GOVERNING LAWS; ATTORNEY FEES
This Agreement shall be governed by the laws of the Japan, and the license-holder further consents to jurisdiction by the state and federal courts sitting in the Tokyo, JAPAN. If either BTFCom Co., Ltd. or the license-holder employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees.
 
MISCELLANEOUS. Should you have any questions concerning this Agreement, or if you desire to contact BTFCom Co., Ltd. for any reason, you may telephone BTFCom Co., Ltd. on +81 (3) 3756-6607, or write to: BTFCom Co., Ltd. tHeBRAIN Suite 2-32-13, Yaguchi-chi, Ota-Ku, JAPAN ZIP 146-0093, or email hotbiz@btfcom.com.
 
LIMITED WARRANTY. BTFCom Co., Ltd. warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. To the extent allowed by applicable law, implied warranties on the SOFTWARE are limited to ninety (90) days.
 
CUSTOMER REMEDIES. BTFCom Co., Ltd. 'and its suppliers' entire liability and your exclusive remedy shall be, at BTFCom Co., Ltd. 'option, either (a) return of the price paid less shipping and restocking fees, or (b) repair or replacement of the SOFTWARE or hardware that does not meet BTFCom Co., Ltd.' Limited Warranty and which is returned to BTFCom Co., Ltd. with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misuse. Any replacement SOFTWARE or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside Australia, neither these remedies nor any product support services offered by BTFCom Co., Ltd. are available without proof of purchase from an authorized international source.
 
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BTFCom Co., Ltd. AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE, AND ANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BTFCom Co., Ltd. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, 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 OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF BTFCom Co., Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
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