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Roland DG Software License Agreement
Roland DG Corporation (hereinafter referred to as the "Roland DG") shall grant you a non-transferable and non-exclusive license to use the Software (hereinafter referred to as the "Software") provided under this agreement with the following terms and conditions.
1. Definition
The Software shall refer to the computer programs electronically and physically provided together with this agreement, and it shall include programs, data, documents, and materials.
2. Coming into Force
This agreement comes into force when you click [Agree] of this page. The effective date of this agreement is the date when you click the [Agree] of this page.
3. Ownership of intellectual property right and reservation of rights
(1) All the intellectual property right and other rights of the Software, its logo, product name, documents, and other materials, and their copies shall be owned by Roland DG or its licensor except the scope which is clearly granted or transferred to you through this agreement.
(2) Although you may use the Software within the scope clearly stated in this agreement, it shall not mean that the intellectual property right of the Software is transferred to you.
4. Use conditions
(1) You may use the Software and its copies only for the purpose of operating Roland DG’s products and using the services from its products and related materials.
(2) You may create one copy of the Software for the purpose of creating a backup. The copy for backup shall be used only for recovery of the Software, and it cannot be installed or used. Moreover, the copy for backup shall be considered as the target of this license agreement as part of the Software.
5. Restrictions
(1) You shall not use the Software in more than one computer at the same time through network or using other means.
(2) You shall not perform reverse engineering, reverse compiling, and reverse assembling of the Software.
(3) During the period of this agreement, you shall not move, transfer, lend, lease, redistribute, and publicly transmit the rights of all or part of the Software, and shall not grant a sublicense to any third parties. Likewise, after this agreement is expired, you shall not move, transfer, lend, lease, redistribute, and publicly transmit the rights of all or part of the Software, and shall not grant a sublicense to any third parties either.
(4) You may not use the Software in any way that exceeds the scope of the license granted in this agreement.
6. Termination of Agreement
(1) If you want to terminate this agreement, you may terminate the agreement by stopping the use of the Software and uninstalling or deleting it from your computer.
(2) In the event that you violate any of the article stipulated in this agreement or violate the intellectual property right or other rights of Roland DG, Roland DG may terminate this agreement and stop your use of the Software.
7. Disclaimer
(1) The Software shall be provided on an “as is” basis, and it shall not be guaranteed that the quality and functions of the Software meet you purpose.
(2) Roland DG shall not warrant to you that the Software will be free from errors, malfunction, errors, or other defects that it will not infringe the rights of any third party, that it is merchantable, that it is fit for your or any third party’s particular purpose, or that it is free from any other defects not expressly set forth herein. Roland DG shall not take any responsibilities for the effect resulting from the use and/or operation of the Software.
(3) You shall acknowledge and agree that you will bear all direct and indirect damage (including data loss, operation suspension, and conflict between third parties, etc.) and risk resulting from download and installation and the use of the Software or the services supplied with the Software. Roland DG and its dealers, etc. shall not and cannot guarantee and compensate the results of your download and installation and use of the Software in any cases.
(4) Roland DG may change the specifications of the Software or its material without prior notice.
8. Export Restrictions
(1) If you take the Software outside of your country through export, etc., you shall comply with the domestic export control laws and relatives (hereinafter referred to as "Export Control Laws and Relatives"). If the Software is subject to export restrictions under US Export Administration Act and US Export Administration Regulations (hereinafter referred to as "US Laws and Relatives"), you shall comply with these laws and regulations.
(2) If the Software is specified as the export controlled items in Export Control Laws and Relatives or US Laws and Relatives, you shall not export or re-export the Software without obtaining a License of your government or US government required by the applicable laws and regulations.
9. License for digital contents
(1) The Software might contain digital contents such as samples, photos, clip arts, and templates. The intellectual property right of these digital contents shall be owned by Roland DG or the companies, organizations, and individuals who are their respective owners.
(2) The rights owned by Roland DG shall be part of the Software and objectives of this license agreement, and thus you shall not redistribute and sell the digital contents.
(3) Regarding the digital contents that Roland DG does not have the rights, you shall comply with the use conditions which are separately provided by the companies, organizations, and individuals who have their rights. Roland DG shall not and cannot guarantee the relationship of rights between you and the owners of the rights of the digital contents.
10. Governing Law & Arbitration
(1) This Agreement and each individual contract shall be governed by and construed in accordance with the laws of Japan.
(2) All disputes arising between the Parties relating to this Agreement or the interpretation or performance thereof shall be finally settled by arbitration in English in Tokyo, Japan, by three (3) arbitrators in accordance with the Commercial Arbitration Rules of The Japan Commercial Arbitration Association (JCAA). Judgment upon the award rendered by arbitration shall be final and may be entered in any court having jurisdiction thereof.