END USER LICENSE AGREEMENT for RISO Controller PS7R

IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT FOR THE RISO CONTROLLER PS7R (the "Agreement") BEFORE USING IT. BY OPENING THE SEALED DONGLE PACKAGE , YOU INDICATE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, ACCEPT IT, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF ANY ADDITIONAL AGREEMENTS REFERRED TO BELOW.

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT OR ANY OF THE AGREEMENTS REFERRED TO BELOW, PROMPTLY RETURN THE UNUSED DONGLE PACKAGE TO YOUR LOCAL DEALER OR THE RISO BRANCH(*) WHERE YOU PURCHASED THE DEVICE.

YOU MAY NOT USE, COPY, MODIFY, DISPLAY OR TRANSFER THE SOFTWARE EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

NOTE: The RISO Controller PS7R (the "Device") includes the software and related documentation of Adobe Systems Incorporated ("Adobe"), and some parts of the Device are manufactured by using the PARKER MASK and related patents (together, "PARKER MASK Patents"), which you find on page 26 of the license for ResearchCorporation Technologies, Inc. ("RCT").

The specific component of the software used in this Device is licensed under the GNU General Public License (GPL) version 2 ("GNU GPL"). You are able to obtain a copy of the GNU GPL from http://www.fsf.org/copyleft/gpl.html. RISO Kagaku Corporation ("RISO") provides the source code of such component of the
software according to the terms and conditions contained in the GNU GPL. If you want to receive the source code, contact us by E-mail to overseas@riso.co.jp.

This Agreement constitutes a legal and binding agreement between you (either as an individual or a single corporate entity) and RISO, the manufacturer of the Device, for which you are licensed to use certain software products of RISO as well as certain software licensed to RISO by Adobe, RCT or other parties (together, "Suppliers") necessary to utilize this Device (all of these software products and any and all documentation related to the software products are referred to herein as "Software").

You are permitted to use the Software only if you agree to abide by all of the terms and conditions of this Agreement and any other agreements referred to herein. By using the Software, you affirm that you have read and understood, and hereby accept Adobe’s Minimum Terms of End User License Agreements, as set forth on page 27 and RCT’s requirement that the PARKER MASK Patents are only to be used by you in a single device, which may be connected with the LAN or the network.

YOU ARE NOT PERMITTED TO USE THE SOFTWARE if you do not agree to and accept all of the terms and conditions of this Agreement (including the requirement to abide by the terms and conditions of Adobe’ s Minimum Terms of End User License Agreements).

The Software is licensed, not sold. Subject to all the terms and conditions of this Agreement, you are granted a nonexclusive and nontransferable right to use the Software in a single device, which may be connected with the LAN or the network.

LIMITATIONS ON USE. You may not directly or indirectly sublicense the Software, convey, delegate or transfer this license, or otherwise transfer or distribute copies of the Software or any portion thereof to a third party. Any attempt to make such sublicense or convey, delegate or transfer by you is void, constitutes a material breach of this Agreement and may be a breach of other agreements you are bound under this Agreement. You may not modify, translate or create derivative works from the Software without the prior written consent of RISO in each instance (which consent RISO may grant or deny at its sole discretion). You are prohibited, to the fullest extent such prohibition is permitted under applicable law, from designing around, reverse engineering, disassembling, or decompiling the Software or otherwise attempting to recreate its source code.

OWNERSHIP. You agree that you neither own nor hereby acquire any claim or right of ownership to the Software, and RISO or the Suppliers own the Software. You own only the physical media purchased by you on which the Software resides. You will protect the Software from unauthorized duplication or use. RISO and the Suppliers reserve all rights not expressly granted to you under this Agreement.

LIMITED WARRANTY. RISO warrants only that the media on which the Software is furnished is free from defects in materials and workmanship for ninety (90) days from the date you purchased it. RISO does not represent or warrant that the Software will meet your requirements or operate free from error. EXCEPT FOR THIS EXPRESS, LIMITED WARRANTY, RISO PROVIDES THE SOFTWARE "AS IS" WITHOUT ADDITIONAL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NONINTERUPTION OF USE, OR FREEDOM FROM PROGRAM ERRORS. RISO MAKES NO, AND HEREBY DISCLAIMS ANY IMPLIED INDEMNITIES.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

LIMITATION OF REMEDIES. Your sole and exclusive remedy for the breach of warranty hereunder shall be to return the media to the local dealer or RISO Branch(*) from whom you purchased the Device, postage prepaid, along with a copy of your purchase receipt. Your local dealer or RISO Branch(*) will, at its sole option (i) replace the Software or media with Software or media which conforms to the warranty, or (ii) correct the error.

ASSIGNMENT. You may assign this Agreement to an assignee (the "Assignee"), only in the event that you transfer this Device to the Assignee, and the Assignee agrees to be bound by all of the terms and conditions of this Agreement and of any other agreement mentioned herein.

TERM AND TERMINATION. This license is effective until terminated. This license is terminated immediately if you make any unauthorized copies of the Software, or otherwise fail to comply with the terms and conditions of this Agreement. You agree that upon such termination you will destroy all copies of the Software and thereafter immediately cease any and all use of the Software.

PRODUCT SUPPORT. For the product support for the Software, please contact the local dealer or RISO Branch(*) from whom you purchased this Device.

LIMITED LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL RISO, ITS AGENTS OR REPRESENTATIVES, OR THE SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, NOR FOR ANY COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, ANY LOSS OF USE, DATA OR PROFITS, NOR ANY INTERRUPTION OF BUSINESS DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SOFTWARE OR THE DEVICE, HOWEVER CAUSED, AND WHETHER RISO, ITS AGENTS OR REPRESENTATIVES OR THE SUPPLIERS HAVE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

RISO, ITS AGENTS AND REPRESENTATIVES, AND THE SUPPLIERS WILL NOT BE RESPONSIBLE FOR ANY MALFUNCTIONS, ERRORS, INACCURACIES, OR IMPROPER RESULTS ATTRIBUTABLE TO YOUR INCORRECT OR UNAUTHORIZED USE OF ANY SOFTWARE OR THE DEVICE. UNLESS A MANDATORY LAW OF YOUR SPECIFIC JURISDICTION REQUIRES A HIGHER LIABILITY,IN NO EVENT SHALL THE AGGREGATE LIABILITY OF RISO, ITS AGENTS AND REPRESENTATIVES, AND THE SUPPLIERS EXCEED US$500 UNDER THIS AGREEMENT.

THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY OF LIABILITY.

YOU UNDERSTAND AND ACKNOWLEDGE THAT CERTAIN TERMS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE LIMITED WARRANTY, WARRANTY DISCLAIMERS AND LIMITATIONS AND EXCLUSIONS OF LIABILITY CONSTITUTE AN AGREED ALLOCATION OF RISK BETWEEN YOU, ON THE ONE HAND, AND RISO, ITS AGENTS AND REPRESENTATIVES, AND/OR THE SUPPLIERS, ON THE OTHER HAND. "BUT FOR" THIS ALLOCATION OF RISK, RISO WOULD NOT BE ABLE TO LICENSE OR DISTRIBUTE THE SOFTWARE OR THE DEVICE AT THE PRICE WHICH YOU PURCHASED IT FOR.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

GENERAL. This Agreement shall be governed by and interpreted in accordance with the laws of Japan. The rights and obligations of the parties under this Agreement shall not be governed by the U.N. Convention on Contracts for the International Sales of Goods. This Agreement constitutes the entire agreement between the parties with regard to the subject matter hereof, and supersedes and cancels any and all prior and contemporaneous oral or written statements or agreements relating to the subject matter hereof, the Software or the Device. The provisions of this Agreement are separate and independent covenants, and the invalidity or unenforceability of one or more of these provisions or covenants shall not affect the validity or enforceability of the remaining provisions or of the other covenants of this Agreement.

* For end-users located in Canada, Mexico and the United States, please contact RISO, Inc. (300 Rosewood Drive, Suite 210, Danvers, MA01923, U.S.A. Phone: 978-777-7377) instead of "the local dealer or RISO Branch" described above.

Back