End-User License Agreement for Brother Software IMPORTANT- PLEASE READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you and Brother Industries, Ltd. ("Brother"), which governs your use of the Brother software that will be installed if you press the "Yes" button on this Dialog Box ("SOFTWARE").  By pressing "Yes", you agree to be legally bound by the terms of this EULA.  If you do not agree to the terms of this EULA, you obtain no license to the SOFTWARE.  In such case, you may not use the SOFTWARE.


Terms and Conditions.

1. Ownership.
All right, title and interest in and to the SOFTWARE (including all copyright and other intellectual property rights therein) and the materials associated therewith ("Documentation") are owned by Brother or its suppliers.  The SOFTWARE is licensed but not sold.


2. Grant of License.

2.1 Brother grants you a non-exclusive license to install and use the copy of the SOFTWARE on your computer, to the extent necessary for intended use of Brother’s products (including, but not limited to printers and multi-functional products) for which such SOFTWARE will be used ("Products").

2.2 Brother further grants you a license to make one copy only of the SOFTWARE solely for archival and back-up purposes.  Any such copy shall also reproduce all copyright and intellectual property right notices from the original.

2.3 Other than as expressly permitted by Sections 2.1 and 2.2 above, or where you have a right at law to do so (and such right cannot lawfully be excluded) you may not (i) make any copies of the SOFTWARE or Documentation (ii) modify the SOFTWARE or Documentation (iii) reverse engineer, disassemble, decompile or use the SOFTWARE or Documentation to create any derivative work, or (iv) rent sub-license, transfer (other than in accordance with Section 3) or lease the SOFTWARE..


3. Transfer.
You may permanently transfer the SOFTWARE to any person, provided that when you transfer the SOFTWARE, you must also transfer and deliver to such person any upgrades and all Documentation provided to you by or on behalf of Brother and, provided also that such person confirms to Brother its acceptance of this EULA with respect to such Software and Documentation.  Notwithstanding the foregoing, you must not deliver to such person any copy of the SOFTWARE made by you in accordance with Section 2.2.  Upon transfer, you must erase all copies of the SOFTWARE made by you and/or which are contained on any computer within your possession or under your control.  The warranty is not transferable.


4. Limited Warranty.

4.1 Except prohibited or restricted by any applicable laws and regulations, Brother warrants to the first end-user that licenses the SOFTWARE that the SOFTWARE will perform substantially in accordance with its specification as defined by Brother and the storage media upon which such SOFTWARE is stored ("Media") will be free from defects in materials and workmanship for: a) the warranty period applicable for the Product commencing on the date you first received the SOFTWARE in normal conditions, or, in case of expiration of such warranty period applicable for the Product, b) for the period of one (1) year from the date you first received the SOFTWARE in normal conditions (collectively, "Warranty").

4.2 The replacement of the Media bearing SOFTWARE by Brother pursuant to Section 4.1 is Brother's entire liability and your sole and exclusive remedy with respect to this Warranty and the failure of the SOFTWARE or Media.

4.3 You will be ineligible to make a claim under this Warranty where any defect in or failure of the SOFTWARE or Media is caused by (i) an accident, loss or damage to the Media or the system into which the SOFTWARE is stored, (ii) improper or inadequate maintenance or calibration, (iii) connection or merger with any software, apparatus or other material not supplied by Brother, or (iv) modification or alteration to the SOFTWARE or Media by you or anyone else.

4.4 No warranties or conditions either express or implied statutory or otherwise as to condition quality or performance including but not limited to warranties as to satisfactory quality or fitness for purpose of the SOFTWARE and/or Media (or with respect to non-infringement of any rights of any third party) are given or assumed by Brother other than as set out in Section 4.1 and all such warranties and conditions are hereby expressly excluded except to the extent that such exclusion is prohibited by law.  Without limitation to the generality of the foregoing, Brother does not warrant that the SOFTWARE will be error free or that it will operate without interruption or will meet your requirements.  The Warranty provided as written is the only warranty given by Brother for this SOFTWARE and Media.


5. Exclusion and Limitation of Liability.

5.1 Brother shall have no liability in contract, tort (including negligence or breach of statutory duty) or otherwise for any interruption of use, loss of data, or for any indirect, incidental, punitive or consequential loss or damage, or for any loss of profit, revenue, data, goodwill or anticipated savings that arises under, out of, or in contemplation of this EULA or otherwise arises due to any error, inaccuracy or defect in the SOFTWARE and/or Media even if Brother has been advised of the possibility of such loss or damage.

5.2 Brother's liability for all loss or damage (except for loss and damage validly excluded by Section 5.1) shall be limited to the price that you paid to license this SOFTWARE.

5.3 For the avoidance of doubt nothing herein contained shall be deemed to exclude or restrict Brother's liability for death or personal injury arising due to Brother's negligence.  Because some states do not allow the exclusion or limitation of certain damages, the above limitation(s) may not (in part) apply to you.


6. Term and Termination
This Agreement will become effective upon your acceptance and shall continue in effect unless you transfer the SOFTWARE in accordance with the EULA and the transferee undertakes to Brother to be bound by this EULA with respect to the SOFTWARE.
However, Brother may terminate this EULA without notice if you breach any of its provisions.


7. Export Regulations.
You may not export or re-export the SOFTWARE or any copy or adaptation thereof in violation of any applicable laws or regulations.


8. Governing Laws.
This EULA is governed by the laws of Japan and Japanese Courts shall have exclusive jurisdiction with respect to this EULA except with regard to enforcement in which case the jurisdiction of the Japanese Courts shall be non-exclusive.


9. Illegality.
If any of the provisions of this EULA shall be declared illegal or unenforceable in whole or in part, 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.


10. Third Party Rights.
The provisions of this EULA are intended only to have effect between Brother and yourself and are not intended to confer any benefit or right of enforcement upon any other person. 


11. Personal License.
The rights granted by Brother hereunder are personal to you and you shall not be permitted to assign, transfer, novate or otherwise make over to any third party the Software (or the Documentation) or the benefit or burden of this EULA or any of the rights granted hereunder other than as expressly permitted by Section 3.
