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Software License Agreement: Article 4 Right Pertaining To The Licensed Software

The document outlines a software license agreement between a company and users of its product. It details terms for using embedded software, restrictions on copying and modifying the software, transferring licenses, confidentiality requirements, conditions for termination of the agreement, and other legal provisions.

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0% found this document useful (0 votes)
62 views2 pages

Software License Agreement: Article 4 Right Pertaining To The Licensed Software

The document outlines a software license agreement between a company and users of its product. It details terms for using embedded software, restrictions on copying and modifying the software, transferring licenses, confidentiality requirements, conditions for termination of the agreement, and other legal provisions.

Uploaded by

GaryTech
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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LYT2519-002A-M

SOFTWARE LICENSE AGREEMENT


The software embedded in the Product (hereinafter
the "Licensed Software") provided by JVC KENWOOD
Corporation (hereinafter the "Licensor") is copyrighted
to or sublicensable by the Licensor, and this
Agreement provides for the terms and conditions
which Users shall follow in order to use the Licensed
Software. The User shall use the Licensed Software
by agreeing with the terms of this Software License
Agreement. This Agreement shall be deemed
completed at the time the User (hereinafter the "User")
initially used the Product in which the "Licensed
Software" is embedded. The Licensed Software may
include the software which has been licensed to the
Licensor directly or indirectly from any third party.
In such case, some third parties require the Users to
follow their conditions for use separately from this
Software License Agreement. Such software shall
not be subject to this Agreement, and the Users are
urged to read the "Important Notice concerning the
Software" to be provided separately.
Article 1 General Provision
The Licensor shall grant to the User a non-exclusive
and non-transferable (other than the exceptional
case referred to in Article 3, Paragraph 1) licensed to
use the Licensed Software within the country of the
User. (the country where the User bought the Product
(hereinafter the Country)
Article 2 License
1. The license granted under this Agreement shall be
the right to use the Licensed Software in the Product.
2. The User shall not duplicate, copy, modify, add,
translate or otherwise alter, or lease the Licensed
Software and any related documents, whether in
whole or in part.
3. The use of the Licensed Software shall be limited to
personal purpose, and the Licensed Software shall not
be distributed, licensed or sub-licensed whether it is
for commercial purpose or not.
4. The User shall use the Licensed Software according
to the directions described in the operation manual or
help file, and is prohibited to use or duplicate any data
in a manner violating the Copyright Law or any other
laws and regulations by applying whole or a part of
the Licensed Software.
Article 3 Conditions for Grant of License
1. When the User transfers the Product, it may also
transfer the license to use the Licensed Software
embedded in the Product (including any related
materials, updates and upgrades) on condition that
no original, copies or related materials continue in the
possession of the User, and that the User shall cause
the transferee to comply with this Software License

Agreement.
2. The User shall not carry out reverse engineering,
disassembling, decompiling or any other code analysis
works in connection with the Licensed Software.
Article 4 Right pertaining to the Licensed Software
1. Any and all copyrights and other rights pertaining
to the Licensed Software and related documents
shall belong to the Licensor or the original holder
of the right who granted to the Licensor the license
or sublicense for the Licensed Software (hereinafter
the "Original Rightholder"), and the User shall not be
entitled to any right other than the license granted
hereunder, in respect of the Licensed Software and
any related documents.
2. The User shall, whenever the User uses the Licensed
Software, comply with any laws relating to the
copyright and other intellectual property rights.
Article 5 Indemnification of Licensor
1. Neither the Licensor nor the Original Rightholder
shall be liable for any damage incurred by the User
or any third party due to the exercise of the license
granted to the User under this Agreement, unless
otherwise restricted by law.
2. The Licensor will offer no guarantee for the
merchantability, convertibility and consistency with
certain objective of the Licensed Software.
Article 6 Liability to Third Party
If any dispute has arisen with any third party due
to an infringement upon a copyright, patent or any
other intellectual property right that was caused by
the User's use of the Licensed Software, the User shall
settle such dispute at the Users own cost and hold the
Licensor and the Original Rightholder harmless from
any inconvenience it may cause.
Article 7 Confidentiality
The User shall keep the confidentiality of such
portion of the Licensed Software, related documents
thereof or any other information to be granted under
this Agreement, as well as the conditions of this
Agreement as has not yet entered the public domain,
and shall not disclose or divulge the same to any third
party without approval of the Licensor.
Article 8 Termination
In case the User falls under any of the events
described in the following items, the Licensor may
immediately terminate this Agreement or claim that
the User compensates for the damage incurred by the
Licensor due to such event:
(1) when the User violated any provision of this
Agreement; or
(2) when a petition has been filed against the User for
an attachment, provisional attachment, provisional
disposition or any other compulsory execution.

Article 9 Destruction of the Licensed Software


If this Agreement is terminated pursuant to the
provision of Article 8, the User shall destroy the
Licensed Software, any related documents and
copies thereof within two (2) weeks from such date of
termination.
Article 10 Export Restriction
1. The User shall understand that the Licensed
Software shall be subject to the export restrictions
adopted by the country of User and any other
countries.
2. The User shall agree that the software will be
subject to any and all applicable international and
domestic laws including the export control regulation
of the country of User and any other countries, and
any restrictions concerning the end-users, the use by
end-users and importing countries to be provided by
the country of User and any other countries, and any
other governmental authorities .
3. If the User is an agency of the United States of
America (the Government), the User acknowledge
Licensors representation that the Licensed Software is
a Commercial Item as defined in Federal Acquisition
Regulation (FAR) part 2.101(g) consisting unpublished
Commercial Computer Software as those items are
used at FAR part 12.212 and is only license the User
with the same use right Licensor grants all commercial
end users pursuant to the terms of this Agreement.
Article 11 Miscellaneous
1. In the event any part of this Agreement is
invalidated by operation of law, the residual provisions
shall continue in force.
2. Matters not stipulated in this Agreement or any
ambiguity or question raised in the construction of
this Agreement shall be provided or settled upon
good-faith consultation between the Licensor and the
User.
3. The Licensor and the User hereby agree that this
Agreement is governed by the laws of Japan, and any
dispute arising from, and relating to the rights and
obligations under, this Agreement shall be submitted
to the exclusive jurisdiction of the Tokyo District Court
for its first instance.

Important Notice concerning the Software


Software License Attached to the Product :
The Software embedded in the Product is composed
of several independent software components, and
in each of such individual components (hereinafter
the "Licensed Software"),, a copyright of either JVC
KENWOOD Corporation (hereinafter JKC) or a
third party subsists. The Product uses the software
component designated in the End-User License
Agreement that was executed between JKC and a third
party (hereinafter "EULA").
The Licensed Software covers those corresponding
to free software, and, as a condition of distribution

of the software component in executable format


which is based on the license granted under the GNU
General Public License or Lesser General Public License
(hereinafter "GPL/LGPL"), it requires an availability of
the source code for the relevant component. Please
refer to the following URL concerning the distribution
of the source code;
http:// www3.jvckenwood.com/english/download/
gpl/index.html
Please note that we are unable to answer any inquiry
relating to the contents, etc. of the source code. In
addition, the Licensed Software includes the software
developed or created independently by JKC and there
exists an ownership of JKC in such software and any
accompanying documents, which is protected by the
Copyright Law, any international treaties and other
applicable laws.
As to matters concerning the handling by JKC of the
software components, please refer to the "Software
License Agreement" attached hereto. Please note that
any software component licensed under "EULA" which
is not subject to "GPL/LGPL," and those developed or
created independently by JKC shall not be subject to
the requirement for provision of the source code.
The software component distributed under "GPL/
LGPL" shall be licensed to users without charge, and,
therefore, no warranty is given for such software
component, either express or implied, within the scope
of the applicable laws and regulations.
Unless otherwise permitted by applicable laws and
regulations or agreed in written form, none of the
owners of the copyright or persons entitled to alter or
redistribute the software component under the said
license shall have any liability for any type of damage
or loss resulting from the use of or inability to use
such software component. For further details of the
conditions of use of such software component or
matters required to be complied with, please refer to
the relevant "GPL/LGPL."
Users are urged to read the details for the relevant
license carefully before using the software component
covered by "GPL/LGPL" and embedded in the Product.
Since the terms and conditions of individual licenses
are provided by parties other than JKC, the original
English version will be displayed by the Product.
Turn on the power.
Tap "MENU" .
Tap "SETUP" .
Tap "OPEN SOURCE LICENSE" .
- End 1012YMH-YH-VM

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