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Image Scanner Driver for Linux Download
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END-USER LICENSE AGREEMENT
This End-User License Agreement ("EULA") is a legal agreement between You and PFU Limited ("PFU") for the PFU software, known as “Image Scanner Driver for Linux” ("Software"), to be used with PFU fi Series scanner product or SP series scanner product ("Product").
BY INSTALLING, COPYING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU ARE NOT PERMITTED TO USE THE SOFTWARE. IF YOU DOWNLOAD OR INSTALL THE SOFTWARE ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT THAT YOU ARE ACTING ON BEHALF OF YOUR EMPLOYER AND ARE AUTHORIZED TO ACCEPT THESE TERMS AND CONDITIONS ON ITS BEHALF (SUCH EMPLOYER BEING HEREINAFTER REFERRED TO AS "YOU"). YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS EULA.
- Grant of License
(1) Subject to the terms and conditions of this EULA, PFU hereby grants You a non-exclusive and non-transferable license:
(a) to install and use the Software for Your end use;
(b) to copy, distribute and grant the right to use the Software to Your customer;
(c) to install and use the Software for the purpose of developing Your software product; and
(d) to copy, distribute and grant the right to use the Software incorporated in Your software product to Your customer.
(2) All Your rights hereunder are subject to and conditioned upon Your complying with all of the other terms and conditions of this EULA.
(3) You acknowledge and agree that the terms and conditions of this EULA also apply to any updates, upgrades, and supplements to the Software.
(4) The Software contains the open source software developed by third party ("OSS") besides the software developed by PFU. The use of OSS is governed by the terms and conditions attached to each OSS prior to this EULA.
- Backup Copy
Unless otherwise granted herein, You may make one (1) backup copy of the Software solely for archival purposes.
(1) You shall not, except to the extent expressly permitted by applicable law, reverse engineer, reverse compile or reverse assemble the Software or otherwise attempt to create the source code from the Software. You agree to treat the Software as the confidential and proprietary information of PFU or its licensors and suppliers. You may not rent, lease, lend or otherwise provide to others commercial hosting services using the Software.
(2) YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS NOT DESIGNED, DEVELOPED OR MANUFACTURED AS CONTEMPLATED FOR GENERAL USE, INCLUDING WITHOUT LIMITATION, GENERAL OFFICE USE, PERSONAL USE, HOUSEHOLD USE, AND ORDINARY INDUSTRIAL USE, BUT NOT DESIGNED, DEVELOPED AND MANUFACTURED FOR ANY USE THAT MAY GIVE RISE TO FATAL RISKS OR DANGERS OR FOR ANY USE THAT COULD LEAD TO DEATH, PERSONAL INJURY, SEVERE PHYSICAL DAMAGE, OR OTHER LOSS IN THE ABSENCE OF EXTREMELY HIGH SAFETY REQUIREMENTS BEING FOLLOWED (EACH OF SUCH USES BEING HEREINAFTER REFERRED TO AS A "HIGH SAFETY REQUIRED USE"). HIGH SAFETY REQUIRED USES SHALL INCLUDE WITHOUT LIMITATION, NUCLEAR REACTION CONTROL IN NUCLEAR FACILITIES, AIRCRAFT FLIGHT CONTROL, AIR TRAFFIC CONTROL, MASS TRANSPORT CONTROL, MEDICAL LIFE SUPPORT SYSTEMS, AND MISSILE LAUNCH CONTROL IN WEAPON SYSTEMS. PFU DISCLAIMS ANY LIABILITY FOR DAMAGES CAUSED BY USE OF THE SOFTWARE IN ANY HIGH SAFETY REQUIRED USE. YOU AGREE NOT TO USE THE SOFTWARE IN ANY HIGH SAFETY REQUIRED USE. PFU, ITS LICENSORS, SUPPLIERS AND AFFILIATES DISCLAIM ANY AND ALL LIABILITY FOR DAMAGES CAUSED BY YOUR USE OF THE SOFTWARE IN ANY HIGH SAFETY REQUIRED USE. YOU AGREE NOT TO USE THE SOFTWARE IN ANY HIGH SAFETY REQUIRED USE. PFU DISCLAIMS ANY AND ALL LIABILITY FOR DAMAGES CAUSED BY YOUR USE OF THE SOFTWARE IN ANY HIGH SAFETY REQUIRED USE.
(3) You acknowledge and agree that the Software is not designed to protect computers or computer networks against unauthorized access or computer viruses and that neither PFU nor any of its affiliated companies, suppliers or resellers is liable for any damage to the Software, or to Your computers or computer networks, caused by such unauthorized access or computer viruses. You shall take proper security measures to avoid such unauthorized access or computer viruses.
(4) Nothing in this EULA is intended to limit any non-waivable right to decompile the Software to which You may be entitled under applicable law. For example, if You are located in the European Union (EU), You may enjoy the right to decompile the Software -- if certain conditions are met as specified in such law -- if necessary in order to achieve interoperability between (i) the Software and (ii) other applicable software, on the condition that You have first asked PFU in writing to provide the information necessary to achieve such interoperability and PFU has not provided such information available. You are advised that information supplied by PFU or discovered through decompilation of the Software shall be used only for those purposes expressly permitted by applicable law, and You are advised to consult such law and obtain legal counsel (if necessary) to achieve this compliance.
- Reservation of Rights and Ownership
(1) You agree that no title to, or intellectual property rights in, including, without limitation, any trade secret, copyright, patent and trademark, or any other interest in any Software, is transferred hereunder to You, with the exception of the licenses granted to You in this EULA. You agree that You will not take or cause to be taken any action that would challenge the validity or enforceability of any of PFU’s intellectual property rights to Software or any technology included therein.
(2) You shall not change or remove any copyright notices contained within the Software and its copy.
You represent and warrant that you will not transfer or assign the Software to any third party, without first ensuring that the transferee and/or assignee agrees to all of the terms and conditions of this EULA. In the event of such transfer or assign, You shall transfer or assign all of the Software in connection with the transfer or assignment of Your Product. You shall not retain any copies of the Software after such transfer or assignment.
- Export Control
The Software is subject to U.S. export control laws and regulations and may also be subject to import and export laws of the jurisdiction in which it was obtained, if outside the U.S. You shall abide by all applicable export control laws, rules and regulations applicable to the Software. You agree that You will not export, re-export, or transfer the Software, in whole or in part, to any country, person, or entity subject to U.S. and any applicable export restrictions. You specifically agree not to export, re-export, or transfer the Software to: (i) any country to which is embargoed or restricted to export of goods or services, or to any national of such country, wherever located, who intends to transmit or transport the product back to such country; (ii) any person or entity who You know or have reason to know will utilize the Software or portion thereof in the design, development, production or use of nuclear, chemical or biological materials, facilities, or weapons; or (iii) any person or entity who have been prohibited from participating in export transactions by any federal agency of the U.S. government or any applicable government.
- LIMITED WARRANTY
(1) THE SOFTWARE IS PROVIDED BY PFU "AS IS" . PFU ON BEHALF OF ITSELF AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES OF ANY NATURE, WHETHER EXPRESS, IMPLIED OR OTHERWISE AND WHETHER ARISING FROM TRADE OR CUSTOM, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
(2) EXCEPT AS EXPRESSLY PROVIDED HEREIN, UNDER NO CIRCUMSTANCES SHALL PFU, ITS AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER TORT, CONTRACT, OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING FROM THE USE, PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF PFU HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
(3) Even if a part of the Software has been developed by a third party, the third party developer shall have no liability in connection with the use, performance or non-conformance of the Software.
PFU may terminate this EULA immediately if You fail to comply with the terms and conditions of this EULA. In such event, You shall discontinue all use of Software and materials related to the Software, and destroy all copies, summaries or extracts thereof, if any, which have been made by You, and all Confidential Information of PFU in Your possession.
- Miscellaneous Provisions
(1) If You are a business, company, or organization, You acknowledge and agree that PFU has the right to audit Your compliance with this EULA, upon reasonable advanced notice.
(2) This EULA will be governed by and construed in accordance with the substantive laws of Japan, without regard to conflict of laws principles. This EULA will not be governed by the conflict of law rules of any jurisdiction or by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
(3) This EULA sets forth the entire agreement and understanding between You and PFU relating to the Software, and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software. It may not be modified or changed in any way without the express written consent of the parties hereto.
(4) If any provision of this EULA is held to be invalid or unenforceable for any reason by any tribunal of competent jurisdiction to be invalid, illegal or unenforceable, the other provisions shall continue in full force and effect.
(5) The failure of either Party to enforce, in any one or more instances, any of the terms and conditions of this Agreement shall not be construed as a waiver of the future performance of any such term or condition. Waiver of any term of condition of this Agreement shall only be deemed to have been made if expressed in writing by the Party granting such waiver.
(6) The relationship between You and PFU under this EULA shall be that of independent contractors. Nothing in this EULA shall be construed to make either party the partner, joint venturer, agent or principal of the other party, or to make either party liable for the acts or omissions of the other party.
(7) You agree that any difference or dispute between You and PFU concerning the interpretation or validity of this EULA or the rights and liabilities of the parties shall be settled by arbitration in Tokyo, Japan in accordance with the Rules of Procedure of the Japan Commercial Arbitration Association. You also agree that the arbitrator may grant injunction or other relief in the dispute or controversy, provided that PFU may seek immediate injunction and other equitable relief enjoining any breach or threatened breach of this Agreement in any court or competent jurisdiction without breach of this Sub-Section 9 (7). The award rendered by the arbitration shall be final and binding upon the parties. Judgment upon such award may be entered in any court having jurisdiction thereof.
- U.S. Government End Users.
This Section 10 applies to all acquisitions of the Software by or for the federal government, or by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement or other activity with the federal government. By accepting delivery of the Software, the government hereby agrees that the Software qualifies as "commercial" computer software within the meaning of the acquisition regulation(s) applicable to this procurement. The terms and conditions of this End User Agreement shall pertain to the government’s use and disclosure of the Software, and shall supersede any conflicting contractual terms or conditions. If this EULA fails to meet the government’s needs or is inconsistent in any respect with Federal law, the government agrees to return the Product, unused. The following additional statement applies only to acquisitions governed by DFARS Subpart 227.4 (October 1988): "Restricted Rights - Use, duplication and disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT. 1988)."
Ver. June 2018