All rights, titles and interest in and to the SOFTWARE are owned by Brother or its suppliers. The foregoing rights to the SOFTWARE are licensed to you on a limited basis as prescribed in the following Article 2. In any event, this provision should not be construed in any way, as an expression to assign or sell any copyrights of, or any other intellectual property rights to, the SOFTWARE from Brother to you.
2.1 | Brother grants you a non-exclusive, non-transferable license to install and use the copy of the SOFTWARE on computer or hardware. |
2.2 | Except for expressly stipulated in Sections 2.1 above, Brother does not grant you any license relating to the SOFTWARE. Except to the extent expressly permitted by applicable law, you may not, (i) modify the SOFTWARE, (ii) reverse engineer, disassemble, decompile or use the SOFTWARE to create any derivative software, (iii) rent or lease the SOFTWARE, or (iv) make available to download the SOFTWARE to the public. |
TO THE EXTENT ALLOWED BY LAW, THIS SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. BROTHER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL BROTHER BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF USE OF DATA, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SOFTWARE, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. YOUR USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL SERVICE, REPAIR OR CORRECTION AND, TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE TO UNCONDITIONALLY WAIVE ALL STATUTORY OR OTHER RIGHTS THAT MAY BE HELD BY YOU AGAINST BROTHER IN RESPECT OF SUCH DEFECT. Notwithstanding the above, these terms do not purport to limit the statutory rights of a consumer that cannot be waived under the applicable law.
This EULA will become effective upon your acceptance and continue in effect unless you cease to use the SOFTWARE. However, Brother may terminate this EULA without prior notice to you.
We respect your privacy and any collection or use of your personal data by Brother will be governed in our latest issued Privacy Policy and all terms and conditions in such Privacy Policy shall be a part of this EULA and apply to you with terms and conditions of this EULA.
This EULA is governed and controlled under the jurisdiction of the laws of Japan. If any of the provisions of this EULA shall be declared void, such provisions shall be severable and independent from the other provisions of this EULA, and the validity of the other provisions and of the entire EULA shall not be affected.
You may not use or otherwise export or re-export the SOFTWARE except as authorized by Japanese law, United States law and the laws of the jurisdiction in which the SOFTWARE was obtained.
In particular, but without limitation, the SOFTWARE may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
By using the SOFTWARE, you represent and warrant that you are not located in any such country or on any such list.
You represent and warrant that you are not a citizen or otherwise located within an embargoed nation above and that you are not otherwise prohibited under any applicable law from receiving the SOFTWARE.
In the event you have agreed to or accepted with any terms and conditions offered by Brother or any third party licensor ("Optional Terms") with respect to use of the Software subject to this Agreement, such Optional Terms shall prevail in all respects to the extent of any conflict with terms and conditions set forth in this Agreement, and non-existence of applicable or corresponding terms in this Agreement.