SILKYPIX Developer Studio 8 SE Startup Guide

12. License Agreement

[Important]
Read this license agreement carefully.

  • This license agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Adwaa ("Adwaa") for software products ("Product" or "Software") of Adwaa Co.,Ltd.
  • Installation or use of this Product indicates your acceptance of the terms written in this Agreement.
  • Adwaa will not permit the installation or use of this Product if you do not agree with the terms of this Agreement.
  • The Product is protected by copyright laws, treaties concerning copyright, and other laws and treaties concerning right of intangible property.
  • You are permitted to use, and not sell, the product. You expressly acknowledge that your rights are limited to use, and that you are expressly forbidden to rent, sell or resell the product or transfer your use rights.

[Software Product License]
Product name: SILKYPIX Developer Studio 8 SE

1. Definitions

  • (1) This Product includes computer software, associated media, and "online" or electronic documentation.
  • (2) This Product can be used without payment for a license.

2. Condition of Use

This agreement grants you the right to use the software based on agreeing to the users agreement.

3. Communication through the Internet

If the computer on which this software is installed is connected to the Internet, there are cases in which communications may occur with our company through the Internet in order to provide information on updating software versions or improving our company's merchandise.
When customers install this software they agree that our company may collect, save and use information concerning this software, as well as information concerning the computer system on which this software is installed.
However, information gathered from your computer is not information that would identify you personally, but rather information used only for the purpose of providing information on merchandise and services beneficial to you, as well as to improve our company's products.

4. Prohibited Matters

  • (1) Copyright notice
    • You shall not remove any copyright notice attached to all copies of this Product.
  • (2) Do not distribute this Product
    • You shall not distribute this Product to any third party.
  • (3) Do not distribute any portion of the Product
    • You shall not distribute any portion of the Product.
  • (4) Do Not Alter Product
    • You shall not alter all or any portion of the Product.
  • (5) Do not rent or lease the Product
    • You shall not rent or lease the Product, a copy or alteration of the Product, or the Product key.
  • (6) Do not reverse engineer, decompile, or disassemble the Product
    • You shall not reverse engineer, decompile, or disassemble the Product.
  • (7) Compliance with law
    • You shall comply with the applicable, governing laws when using the Product.

5. The Validity term of this agreement

  • (1) This Agreement is effective from the date of the agreement until you discontinue using the Product or terminated.
  • (2) Any rights granted under this Agreement are automatically terminated if you violate any portion of this Agreement. At its sole discretion, Adwaa may waive automatic termination. In the event your rights are terminated, you must destroy all copies of the product and product components. In the event your rights to use the product are terminated, you expressly agree and warrant that any applicable penalties or requirements, without limitation, are in full force under this Agreement.

6. Support by Adwaa

Adwaa will provide support services to customers who have become party to the Agreement and who have obtained a license to use the Product, only in relation to the use of the Product ("Support Services").
Support Services may be used in accordance with Adwaa's policy and program described in user's manuals and online documents.
The additional software codes are regarded as a part of the Product, and the terms and conditions of this Agreement are applied.
The technical information of the customers provided to Adwaa as part of the Support Services may be used by Adwaa for commercial purposes, including product support or development. However, Adwaa shall not use them in a way in which the customer can be identified.

7. Limitation of Liability

  • (1) Adwaa is not liable for any damages arising out of selection, introduction, usage and results of using this product. You assume the entire risk.
  • (2) In no event will Adwaa or its suppliers be liable for any damages (including but not limited to the damages for lost of revenue, business interruption, loss of business information, and other pecuniary loss) arising out of the use or inability to use the Product and its documentation even if Adwaa has been advised of the possibility of such damages.

8. Copyright

All titles and copyrights in this Product and in any copies of this Product are owned by Adwaa. All titles and rights of intangible properties in the contents accessed by the Product are owned by its owner, and protected by the applied copyright laws and the terms of the copyright agreement. This Agreement does not provide any license agreement of these contents owned by third party. The rights not given explicitly in this Agreement are reserved by Adwaa.

9. Third Party Software

Adwaa may provide to you third party products ("Third Party Product") in addition to the Product; Any third party product is governed exclusively by its own End User License Agreement and terms and not this Agreement, including, but exclusive to, support and warranty.

  • (1) Support services
    • Third Party Product(s) documentation and components are provided as is without support from Adwaa.
  • (2) No warranty
    • Third Party Product(s) documentation and components are provided as is without any warranty, including merchantability, fitness for a particular purpose and non-infringement, regardless of whether it is oral or written information. The entire risk as to the results and performance of the Third Party Product is assumed by you.
  • (3) Exclusion of Liability
    • In no event will Adwaa be liable for any damages (including but not limited to the damages for lost revenue, business interruption, loss of business information, and other pecuniary loss) arising out of the use or inability to use the Third Party Product and its documentations, even if Adwaa has been advised of the possibility of such damages.

10. General

  • (1) The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
  • (2) This Agreement shall be governed by laws of Japan.　

Any dispute arising out of or related to this Agreement shall be submitted to the jurisdiction of the Tokyo District Court in Tokyo, Japan.

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