Waha! Transformer Lite distribution permissions and end-user license agreement

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Waha! Transformer Lite Version2.2
Trial License Agreement
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THESE TERMS AND CONDITIONS GOVERN THE TRIAL LICENSE GRANTED TO YOU TO USE THE WAHA! TRANSFORMER LITE VERSION 2.2. DO NOT PROCEED UNTIL YOU HAVE CAREFULLY READ THESE TERMS AND CONDITIONS. BY CLICKING THE "Yes" BUTTON AND BY INSTALLING THE PRODUCT, YOU INDICATE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND, PLEASE CLICK THE "No" BUTTON AND THE SOFTWARE WILL NOT INSTALL ON TO YOUR COMPUTER.

Beacon Information Technology Inc., ("BeaconIT") grants you (whether you are an individual or an entity) ("you") a limited trial license to use the "Waha! Transformer Lite Version 2.2" and its user documentation (collectively, the "Product") under the following terms and conditions.Note: There is no license fee for this trial license. If you have any questions about this Agreement, please contact BeaconIT at ask-waha@beacon-it.co.jp.



1. LICENSE
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BeaconIT grants you a personal, non-exclusive trial license to use the Product on a single computer solely for your internal evaluation and trial-use purposes and for no other purpose. You may make one archival or backup copy of the Product for your own use in accordance with these Terms and Conditions. The backup copy must retain all copyright and other proprietary legends of BeaconIT. You agree to take reasonable precautions to prevent any unauthorized use or dissemination of the Product. The Product is licensed and not sold. All right, title and interest in and to the copyrights, patents and other proprietary rights contained within the Product belong to BeaconIT and is protected by relevant Japanese laws and by international treaties. You may not reverse engineer, decompile, disassemble or create derivative works of the Product, except to the extent the foregoing restriction is expressly prohibited by applicable law in the country where you reside. You may not assign or transfer to any third party the rights granted to you hereunder. You agree not to rent, lease, loan, sublicense, or hold for timeshare the Product.


2. NO TECHNICAL SUPPORT
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BeaconIT will not provide to you any technical support, whether by telephone or by e-mail, and will not provide to you updates to the Product.

3. NONDISCLOSURE
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By virtue of this Agreement, you may have access to the Product (in object code form), its specifications, user manual, data, and other proprietary information relating to the Product (collectively "Confidential Information"). You shall hold Confidential Information confidential and shall not at any time, both during the term of this Agreement and for a period of five (5) years after termination of this Agreement, disclose the same, whether directly or indirectly, to any third party without BeaconIT`s prior written consent.


4. TERMINATION
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Your trial license shall be effective from the time you click "Yes" and, unless earlier terminated by BeaconIT as provided herein, shall be perpetual in duration, but shall automatically expire three(3) months from the time you stop using the Product. BeaconIT may terminate this agreement upon notice in the event you breach these Terms and Conditions. Upon expiration, your trial license will automatically terminate and you will no longer be able to use the Product. You agree to stop all use of the Product and destroy and erase from your computer all copies of the Product.


5. DISCLAIMER OF WARRANTY
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THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. BEACONIT NEITHER WARRANTS NOR REPRESENTS THAT (I) USE OF OR THE RESULTS OBTAINED BY USING THE PRODUCT WILL BE CORRECT, ACCURATE OR RELIABLE, OR (II) THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS, OR (III) THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE, OR (IV) THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEACONIT HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST DEFECTS (KASHI TANPO SEKININ).


6. LIMITATION OF LIABILITY
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BEACONIT SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE PRODUCT OR RELATED MATERIALS.


7. ENTIRE AGREEMENT
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This Agreement constitutes the entire Agreement between you and BeaconIT with regard to this transaction and shall supersede any other prior or contemporaneous agreements. Any additions or modifications must be made in a subsequent, written agreement signed by both parties.


8. WAIVER
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Failure or neglect by either party to exercise any of its rights or remedies under this Agreement will not be construed as a waiver of that party`s rights nor in any way affect the validity of the whole or part of this license nor prejudice that party`s right to take subsequent action.


9. GOVERNING LAW AND JURISDICTION
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This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by the laws of JAPAN, and shall be deemed to be executed in JAPAN. Any legal action or proceeding relating to this Agreement shall be instituted in Tokyo District Court. You agree to submit to the jurisdiction of, and agree that venue is proper in, the courts in any such legal action or proceeding.


10. USER OUTSIDE JAPAN
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If you are using the Product outside JAPAN, you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Product, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable.


11. TRADEMARKS
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The trademarks "Waha" are trademarks and/or trade names owned by BeaconIT. No rights or licenses are granted to use the trademarks.


12. GOVERNMENT CUSTOMERS
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If you are acquiring the Product on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees that: (i) if the Product is supplied to the Department of Defense (DoD), the Product is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Product and their documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and (ii) if the Product is supplied to any unit or agency of the United States Government other than DoD, the Government`s rights in the Product and its documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to the FAR.


13. SEVERABILITY
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If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof, to be unenforceable, then such provision of these Terms and Conditions shall be enforced to the maximum extent permissible so as to affect the intent of BeaconIT, and the remainder of these Terms and Conditions shall continue in full force and effect.

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