In using Instance Creator, you must agree to the following license agreement. If you accept the agreement, please select the "I ACCEPT" link to download the software.
PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE YOU START DOWNLOADINGTHE WHOLE OR A PART OF Instance Creator (THE "PROGRAM") TOGETHER WITH ASSOCIATED DOCUMENTS (COLLECTIVELY REFERRED TO AS "SOFTWARE"). THIS LICENSE AGREEMENT ("AGREEMENT") REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SOFTWARE BETWEEN YOU ("LICENSEE") AND FUJITSU LIMITED ("LICENSOR").
Expiration Date" for this Agreement shall mean September 30, 2013.
LICENSEE ACKNOWLEDGES AND AGREES THAT THE SOFTWARE IS PROVIDED "AS IS", WITHOUT ANY WARRANTY OF ANY KIND. LICENSOR HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SOFTWARE, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MARCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND UNINTERRUPTED OR ERROR FREE OPERATION.
Licensee acknowledges and agrees that Licensor retains all rights, title, and interest, including all intellectual property rights, in the Software and any modification thereto by Licensee and that Licensee is acquiring only a limited use right under this Agreement.
Articles 3, 4, 5, 6C, 7, 8, 9, 10, 11, and 12 shall survive any termination or expiration of this Agreement.
All disputes arisen in connection with this Agreement shall be settled by Tokyo District Court in Japan. In the event of any litigation or other legal proceedings between the parties, the prevailing party shall be entitled to reasonable attorneys' fees and all costs of proceedings incurred in enforcing this Agreement. The validity, interpretation, and performance of this Agreement shall be governed by the laws of Japan, excluding its conflict of law rules.
Licensee understands that any violation of this Agreement would subject Licensor to irreparable injury. Therefore, in addition to any remedies otherwise available, Licensor shall be entitled to injunctive relief or equitable relief as well as monetary damages as may be deemed proper or necessary by a court of competent jurisdiction.
No rights and obligations under this Agreement shall be assigned by Licensee whether voluntarily or involuntarily or by operation of law, in whole or in part, to any party without the prior written consent of Licensor, which consent may be granted or refused at Licensor's sole discretion. No such assignment by Licensee howsoever occurring shall relieve Licensee of its rights and obligations hereunder. Any assignment in violation of this Article 10 shall be null and void from the beginning, and shall be deemed a material breach of this Agreement.
If any provision of this Agreement is declared or found to be illegal, unenforceable or void, then it will be amended to the extent necessary to make it legal and enforceable while preserving its intent; the unenforceability of any provision of this Agreement will not impair the enforceability of any other provision of this Agreement.
This Agreement supersedes any arrangements, understandings, promises or agreements made or existing between the parties hereto prior to or simultaneously with this Agreement and constitutes the entire understanding between the parties hereto. No addition, amendment to or modification of this Agreement shall be effective unless it is in writing and signed by and on behalf of both parties. It is acknowledged that the terms of this Agreement have been negotiated between the parties.
As for other inquiries including license for the use not permitted above, please contact: email@example.com
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For using an evaluation copy: [Interstage XWand Evaluation Request]
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