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END-USER LICENSE AGREEMENT

END-USER LICENSE AGREEMENT

FOR ScanSnap Manager Evernote Edition, ScanSnap OnlineUpdate

Thank you for purchasing the ScanSnap Evernote Edition ("Product"). This End-User License Agreement ("EULA") is a license agreement between You and PFU LIMITED ("PFU") governing the use of the software known as the ScanSnap Manager Evernote Edition and the ScanSnap Online Update (collectively, "Software"), which is to be used with the Product.

BY 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. 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.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA YOU MAY RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.

The Software contains the open source software developed by third party ("OSS") besides the software developed by PFU. The use of OSS governed by the terms and conditions attached each OSS prior to this EULA. For detailed concerning the license, refer to "Terms and Conditions for End User License" (file name: OSS_License.pdf) contained in the folder which the Software is installed. If you need the source code of the OSS or the document attached to such source code, request to customer support. PFU will comply such request only three years after you download the Update.

NOTE FOR THE CUSTOMER WHO REPLACE THE OLD SOFTWARE WITH THE SOFTWARE
THE SOFTWARE CONTAINS CERTAIN PROGRAM DIFFERENT FROM THE ONE IN THE OLD VERSION OF THE SOFTWARE (“OLD SOFTWARE”). YOU ACKNOWLEDGE AND AGREE THAT THE VIEW OF THE DATA GENERATED BY THE SOFTWARE AND MINOR PART OF THE BEHAVIOUR MAY BE DIFFERENT FROM THOSE OF OLD SOFTWARE. END OF NOTE

  1. Grant of License; Installation and Use

    (1) PFU hereby grants You a non-exclusive and non-transferable license to possess and use the Software in accordance with the terms and conditions of this EULA. You agree that You are licensing the Software for Your end use only and not for resale or redistribution. All Your rights hereunder are subject to and conditioned upon Your complying with all of the other terms and conditions of this EULA.

    (2) You may install and use this Software on more than one (1) computer at a time.

    (3) You acknowledge and agree that the terms and conditions of this EULA also apply to any updates, upgrades, supplements for the Software.

  2. Backup Copy

    You may make a reasonable number of backup copies of the Software solely for archival purposes.

  3. Update of the Software

    You may download update program(s) for the ScanSnap Manager Evernote Edition you have installed under this EULA by executing the ScanSnap Online Update program in the Software. You shall comply with terms and conditions which will be shown to you when you download such update program(s) to use the updated ScanSnap Manager Evernote Edition.

  4. Restrictions

    (1) You shall not sell, lease, assign, transfer, sublicense, disseminate, modify, translate, disclose, duplicate, reproduce or copy the Software (or permit any of the foregoing to be done by any other party), except as expressly stated herein, without the prior written consent of PFU. 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. However, you may modify or reverse engineer the following programs that are included in the Software, only to the extent granted under the GNU LESSER GENERAL PUBLIC LICENSE applied to the OSS that is used with the Product.
    [file name]
    iX500_OBJ_????.tar.gz

    (2) You acknowledge and agree that PFU have the right to audit your compliance with this EULA of you. Any such audit shall be conducted upon prior notice. You may reject such audit only with rational reasons.

    (3) YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS NOT DESIGNED, DEVELOPED OR 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 LIMITED DISCLAIMS ANY AND ALL LIABILITY FOR DAMAGES CAUSED BY YOUR USE OF THE SOFTWARE IN ANY HIGH SAFETY REQUIRED USE.

    (4) 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.

  5. Third Party Software and Services

    (1) The Software has the linkage function with Evernote Software or Evernote Service (hereinafter, "Third Party Software"). Third Party Software is a service provided by Evernote Corporation (hereinafter, "Providers"), but not by PFU. Third Party Software shall not constitute any part of the Software. PFU shall not be responsible for providing any support service or maintenance service of Third Party Software to you.

    (2) In the event that Third Party Software has a problem with its operation or the Software has lost linkage function with Third Party Software, such Linkage Function may be unavailable. In such case, PFU shall not be responsible for refunding any price you paid.

    (3) All information and data uploaded to Third Party Software through the Software will be sent to and stored by the Provider (not PFU).

    (4) PFU SHALL NOT BE UNDER ANY LIABILITY FOR ANY LOSS, CORRUPTION, ILLEGAL USE OR DISCLOSURE OF YOUR INFORMATION AND DATA UPLOADED TO PROVIDER.

  6. 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.

  7. Assignment

    You may not transfer or assign the Software to a third party, except in connection with transfer of the Product, and in such case a transfer or assignment shall be subject to and conditioned upon your ensuring that the transferee or assignee agrees to all of the terms and conditions of this EULA and, in addition, You shall not retain any copies of the Software after such transfer or assignment.

  8. 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.

  9. Software Support

    Support for the Software is not provided by PFU or its affiliates unless You purchase support service for the Software. For purchase of support service for the Software, please contact Your supplier.

  10. 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 OR ITS 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.

  11. Miscellaneous Provisions

    (1) If you fail to comply with the terms and conditions of this EULA, this license and your rights in the Software shall terminate immediately. In such event, you must destroy all copies of the Software and all of its component parts.

    (2) This EULA will be governed by and construed in accordance with the substantive laws of Japan. 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, 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.

  12. U.S. Government End Users

    This Section 12 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 Software, 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).”

PFU LIMITED

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