Sharp Corporation ("SHARP") grants you (as an individual, company, or legal entity) a license to use the Software (as hereafter defined) subject to the terms hereinafter set forth.
By indicating consent (by selecting "Yes", "Agree", "Get", etc.) of this End User License Agreement ("this License Agreement") on consent confirmation screen, you are agreeing to be bound by the terms of this License Agreement.
If you do not agree, you are not allowed to use this Software even if it is for trial purpose.
The application, demonstration, system and other software accompanying this License Agreement, whether on disk, in read only memory, or on any other media (the "Software") and related documentation are licensed to you by SHARP.
The Software and related documentation include updated version of the Software and related documentation.
If SHARP provides the Software and related documentation for you as recorded media such as disk, you get the rights of the recorded media such as disk on which the Software and related documentation is recorded from SHARP but not for the Software, which SHARP retains the title, right and interests for in and to the Software and related documentation.
You may not transfer your license rights in the Software, the backup copy of the Software, the related documentation and a copy of this License Agreement to another party, provided your user may make a copy of Software to Agent using electronic transmission from one computer to another through any means, including, without limitation, over a network.
The Software contains copyrighted material, trade secrets and other intellectual proprietary material which is owned by SHARP and you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.
You may not modify, network, rent, lease, loan, distribute or create derivative works based upon the Software in whole or in part.
You may not reproduce the related documentation.
You may not electronically transmit the Software from one computer to another through any means, including, without limitation, over a network subject to an exception set forth in the last paragraph of Section 1 above.
3. Term and Termination
This License Agreement is effective until you remove or uninstall the Software, related documentation and all copies thereof.
However, this License Agreement will terminate immediately without notice from SHARP if you fail to comply with any provision of this License Agreement.
Upon termination you must remove or uninstall the Software, related documentation and all copies thereof.
4. Export Law Assurances
If any official approval is required by governmental authorities to export or re-export, whether directly or indirectly, the Software, related documentations and any products derived directly therefrom, such export is subject to that approval. You shall obtain the necessary approval and comply in all respects with applicable laws, regulations and court orders, including, but not limited to, laws and regulations on export control, in your country or other applicable countries.
5. Export Law Assurances
The Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Unpublished-rights are reserved under the copyright laws of the United States.
6. Disclaimer of Warranty on Software
You expressly acknowledge and agree that use of the Software is at your sole risk.
The Software and related documentation are provided ""AS IS"" and without warranty of any kind and SHARP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS.
SHARP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
FURTHERMORE, SHARP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SHARP OR A SHARP AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE OR EXTEND THE SCOPE OF THIS WARRANTY.
SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SHARP OR A SHARP AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST ARISING OUT OF OR IN CONNECTION WITH SUCH DEFECTIVE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL NECESSARY SERVICING, REPAIR OR CORRECTION, SUBJECT TO EXCLUSIONS OF SOME JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL SHARP BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SHARP OR A SHARP AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL SHARP'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
8. Controlling Law and Severability
For a portion of the Software related with Microsoft Windows, this License Agreement shall be governed by and construed in accordance with the laws of the state of Washington, without regard to conflict of laws rules.
For a portion of the Software related with Apple macOS and iOS, this License Agreement shall be governed by and construed in accordance with the laws of the state California, without regard to conflict of laws rules.
For the other portions of the Software, including in relation with Android, this License Agreement shall be governed by and construed in accordance with the laws of Japan, without regard to conflict of laws rules.
If for any reason a court of competent jurisdiction finds any provision of this License Agreement, or portion thereof, to be unenforceable, that provision of this License Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect.
9. Complete Agreement
This License Agreement constitutes the entire agreement between SHARP and you with respect to the use of the Software and related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
No amendment to or modification of this License Agreement will be binding unless in writing and signed by a duly authorized representative of SHARP. SHARP reserves the right, at its sole discretion and without prior notification to You, to modify this License Agreement from time to time for reasons, including, without limitation, of compliance with relevant laws.
You agree that all the lawsuits hereunder shall be exclusively brought in the Osaka District Court in Japan.
For a portion of the Software related with Apple macOS and iOS, the terms and conditions of this License Agreement are concluded between you and SHARP only, and not with Apple, Inc. ("Apple"). SHARP, not Apple, is responsible for the Software and the content thereof. You agree to comply with any applicable third party terms of agreement when using the Software. You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this License Agreement, and that, upon your acceptance of the terms and conditions of this License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this License Agreement against you as a third party beneficiary thereof.
Last Update: June 24, 2019