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Download User Agreement

The download will be started after agreeing to the Software User Agreement.

NOTICE TO USER:

Please read the following License Agreement carefully. The License Agreement is a contract. This software product of"Active USB-COM Port Driver" , including any document related thereto, is protected by copyright laws and international treaties. You must agree to all of the terms and conditions of the License Agreement before installing or using any part or all of this software. By installing or using any part or all of this software, you agree to be bound by all of the terms and conditions of the License Agreement.

If you do not agree to any of the terms and conditions of the License Agreement, please click "I do not agree" and do not download this software.

DENSO WAVE INCORPORATED

License Agreement For Active USB-COM Port Driver

This software product of Active USB-COM Port Driver, including any document related thereto, packed in this package (the "Software") is the copyrighted work of DENSO WAVE INCORPORATED ("DENSO") and its licensor. Under this Agreement, the Software is licensed to you by DENSO subject to the terms and conditions below, not sold nor assigned to you by DENSO.

If you use the Software as a natural person, "you" herein means such natural person, and if you use the Software as an officer, employee, agent or other member (including a partner of a partnership) of any legal entity, "you" herein means such legal entity.

This Agreement shall take effect as from the day you install any part or all of the Software.

1. Limited License

DENSO grants you a non-exclusive license to install the Software into computers in your possession or under your control ("Computer"), and to use the Software for the sole purpose to connect DENSO's handy-scanner model and communication unit, which are purchased from DENSO, ("Purpose").

2. Restrictions
  1. You shall not install the Software for any purpose other than Purpose, and shall not use the Software for any purpose other than Purpose.
  2. You shall not rent, lease, sell, sublicense, assign, or otherwise transfer the Software or this Agreement to any third party; provided, however, that you may assign all of the Software and this Agreement, not part thereof, to your assignee perpetually subject to agreement of such assignee to all of the terms and conditions of this Agreement.
  3. You shall not copy, reverse engineer, decompile, disassemble, merge, modify or translate the Software. However, you may make one copy of the Software for the sole purpose to make a backup of the Software.
  4. You shall not remove nor obscure DENSO's copyrights, trademarks or other proprietary notices or legends from any of the materials of the Software.
  5. You shall not use any software, products, technology and/or service provided by DENSO WAVE or software, products, technology or service developed, manufactured, or derived by using them for the design, development, manufacture, preservation or use of mass destructive weapons such as nuclear, chemical, biological weapons or missiles or any other purposes that disturb international peace and security.You shall not re-sell, re-transfer, re-export, rent or sub-license of those products, nor re-transfer such software, technology or service by yourselves.
  6. You shall not access, download, use, export, email, or transmit the software provided on the DENSO Web site in violation of export control laws, restrictions or regulations of Japan, U.S., or any other governments. You agree to comply with all these rules, and not to directly or indirectly export, make available or provide the DENSO’s software and its copy without export licenses of Japan, U.S. or any other foreign governments if necessary.
3. Violation of this Agreement

Unauthorized install, copy or use of the Software may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible.

All your rights granted hereunder shall automatically terminate if you fail to comply with any terms and conditions of this Agreement. You shall destroy or erase all of the Software from all media in your possession or under your control if you fail to comply with any terms and conditions of this Agreement. The termination of this Agreement shall not prejudice any rights and remedies that DENSO may have against you.

4. Disclaimer of Warranty; Limitation of Liability

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY KIND OF WARRANTY OF ANY PURPOSE. THE SUPPLY OF THE SOFTWARE OR THE GRANT OF RIGHTS HEREUNDER BY DENSO SHALL NOT IMPLY ANY WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS HELD BY A THIRD PARTY. DENSO MAKES NO REPRESENTATIONS NOR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

DENSO ASSUMES NO RESPONSIBILITY FOR THE APPLICATION OF, ERRORS NOR OMISSION IN THE SOFTWARE. IN NO EVENT SHALL DENSO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RESULTING FROM ANY PART OF THE SOFTWARE, THE INSTALLATION OR COPY OF THE SOFTWARE, THE USE OF THE SOFTWARE, OR INABILITY TO USE THE SOFTWARE.

FURTHERMORE, DENSO SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGES OR COSTS ARISING OUT OF LOST PROFITS OR REVENUE, LOSS OF USE OF THE SOFTWARE, LOSS OF DATA OR EQUIPMENT, COST OF RECOVERING THE SOFTWARE, DATA OR EQUIPMENT, THE COSTS OF SUBSTITUTE THE SOFTWARE, MEDIA, DATA OR EQUIPMENT OR OTHER SIMILAR COSTS, AND SHALL BE FULLY INDEMNIFIED FROM ANY CLAIM ASSERTED BY YOU OR ANY THIRD PARTY.

As some jurisdictions may not allow to exclude implied warranties, some of the exclusions above may not apply to you. Please check your local laws for any restriction or limitation regarding the exclusion of such implied warranties.

5. Governing Law

This Agreement shall be governed as to all matters including validity, construction and performance, by and under the laws of Japan, without reference to its conflicts of law principles.

6. Arbitration

Any disputes arising out of this Agreement shall be finally settled by arbitration in accordance with the Rules of Conciliation and Arbitration of the International Chamber of Commerce. The award of arbitration shall be final and binding upon the parties. Arbitration shall be held in Tokyo, Japan.

(C) 2004-2007 DENSO WAVE INCORPORATED, All rights reserved.

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