Software License Agreement（for Windows）
This software license agreement (hereinafter referred to as “this agreement) sets forth the terms and conditions of the use of the software for a portable audio player (hereinafter referred to as “this software” including its revised versions) between you and Onkyo Corporation (hereinafter referred to as “Licensor”).
Before you install or use this software, be sure to read through the terms and conditions given below. When you install this software, you are deemed to have consented to this agreement. If you do not consent to this agreement, you shall not install this software.
- You may install and use this software in one personal computer on the condition that you comply with the terms and conditions set forth in this agreement.
- You may not create or distribute a copy of this software, or send it to another computer through a network or from a computer. In addition, you shall not alter, sell, lease, transfer, or resell this software, and distribute or create a secondary work of this software. Furthermore, you shall not change this software into a human perceivable form by reverse compiling, reverse engineering, or reverse assembling.
- (Copyright, etc.)
- The copyright and all other intellectual property rights of this software shall belong to Licensor, its subsidiaries, or its affiliates. This software is protected by the provisions of the copyright laws and international agreements.
- (Disclaimer of Warranty and Technical Support)
- This software and all the accompanying documentation are provided “as is”. Licensor shall not give you and/or any third parties warranty of merchantability, fitness for particular purpose, non-infringement of rights of others, and any other matters, and not give any warranty of technical support for them. Disclaimer of the said warranty shall not be valid due to mandatory rules in some countries and regions. In this case, disclaimer of the said warranty shall not apply. Your rights vary according to the country and region.
- (Limitation on Liability)
- Licensor, its subsidiaries or its affiliates, and supplier of this software shall not be liable for any damages arising out of the use of or inability to use this software and its accompanying documentation, including but not limited to, damages arising out of loss of profit, suspension of business, loss and/or damage of information, even if advised of the possibility of such damages. Limitation on liability for incidental or indirect damages shall not be valid due to mandatory provisions in some countries and regions. In this case, the said limitation on liability shall not apply. In any circumstances, the liability of Licensor, its subsidiaries or its affiliates for this software shall not exceed the amount that you paid to Licensor, its subsidiaries or its affiliates. The said disclaimer of warranty and limitation of liability are basic elements of the agreement between you and Licensor.
- (Compliance with Export Laws)
- You shall not use, export, or re-export this software except as authorized by the laws of United States and the laws of the country where you obtained this software. You shall not export or re-export this software to any of the countries and persons listed below:
(a) U.S. embargoed countries
(b) Anyone on the U.S. Department of the Treasury's Specially Designated Nationals List or the U.S. Department of Commerce’s Denied Person’s List or Entity List.
In the event that use this software, you represent and warrant that you are not located in any of the countries specified in above (a) or on any of the lists specified in above (b). You also agree that you will not use this software for any purposes prohibited by the laws of United States, including but not limited to, development, design, manufacture or production of nuclear weapons, missiles, or chemical or biological weapons.
- (Governing Law)
- This Agreement shall be governed and interpreted in accordance with the laws of Japan. This agreement sets forth all the terms and conditions of the agreement between you and Licensor and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. Any and all disputes arising in connection with this agreement shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.