End-User License Agreement
THIS SOFTWARE END-USER LICENSE AGREEMENT (" EULA") IS A LEGAL AGREEMENT BETWEEN WESTUNITIS CO.,LTD. AND THE END-USER OF THE INCLUDED SOFTWARE AND SOURCE FILES (TOGETHER THE " SOFTWARE"). YOU MUST READ THIS EULA CAREFULLY AND ACCEPT ALL THE TERMS AND CONDITIONS SET OUT BELOW BEFORE YOU ARE ENTITLED TO DOWNLOAD, INSTALL AND USE THE SOFTWARE. BY DOWNLOADING THE SOFTWARE, YOU AGREE TO BECOME THE LICENSEE TO THIS EULA AND CONSENT TO BE BOUND BY ALL OF ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY ALL SUCH TERMS, CLICK THE "CANCEL" BUTTON AND DO NOT DOWNLOAD THE SOFTWARE.
By clicking the "I ACCEPT" button, WESTUNITIS CO.,LTD. grants you (" LICENSEE") a non-exclusive, non-transferable and limited license to download, install and use the SOFTWARE strictly in accordance with the terms and conditions of this EULA.
LICENSEE may download and install the SOFTWARE onto LICENSEE's fixed media storage device only, solely for LICENSEE's personal non-commercial use. LICENSEE may not copy or transfer the SOFTWARE to another fixed media storage device nor use or permit to be used the SOFTWARE for any commercial purpose of whatsoever nature.
LICENSEE shall not disassemble, decompile or reverse engineer the SOFTWARE, nor translate, adapt, modify, lease, rent, loan, redistribute, sub-lease, sub-license or create derivative works of/from the SOFTWARE. LICENSEE shall not use nor display the SOFTWARE on any public bulletin board, ftp site, website, chat room or in any other media available to the public.
The SOFTWARE is provided on an "as-is" basis without any warranty of whatsoever nature (whether express or implied) being given to LICENSEE including, without limitation, implied warranties of satisfactory quality or fitness for a particular purpose. LICENSEE irrevocably accepts that it is solely responsible for all loss, damage, costs and expenses suffered and/or incurred by LICENSEE arising from, and/or in connection with, the download, installation and/or use of the SOFTWARE. WESTUNITIS CO.,LTD. (including all of its suppliers, dealers, distributors, agents and employees) excludes and disclaims all liability for any loss, damage, costs and expenses of whatsoever nature arising from, and/or in connection with, this EULA, the SOFTWARE, its download, installation, use or otherwise, and expressly excludes all liability for indirect, special, incidental and consequential loss or damage howsoever caused.
WESTUNITIS CO.,LTD. is, and shall at all times remain, the sole owner of all intellectual property and other rights (whether proprietary or otherwise) subsisting in, or used in connection with, the SOFTWARE. The trademarks and logos (including "WESTUNITIS CO.,LTD.") featured in the SOFTWARE are trademarks or registered trademarks of WESTUNITIS CO.,LTD. in U.S.A., Japan and other countries. Third party trademarks, trade names, images, product names and logos featured in the SOFTWARE may be the trademarks or registered trademarks of their respective owners.
WESTUNITIS CO.,LTD. may terminate this EULA at any time if LICENSEE is in breach of any of the terms and conditions of this EULA, and LICENSEE shall forthwith uninstall and delete the SOFTWARE from LICENSEE's fixed media storage device upon such termination. LICENSEE may terminate this EULA at any time by uninstalling and deleting the SOFTWARE (together with permitted copy thereof) from LICENSEE's fixed media storage device.
This EULA is governed by, and construed in accordance with, California law and LICENSEE irrevocably submits to the exclusive jurisdiction of the courts of California 1.