IMPORTANT-READ CAREFULLY: You ("Licensee") are granted a license for the Software defined in this License Agreement ("Agreement") on condition that you agree to the terms and conditions of this Agreement. The following terms contain material representations regarding the disclaimers of Panasonic Corporation. Be sure to read through, understand and confirm the following terms.
In addition to proprietary computer programs owned by or licensed to Panasonic, the Software contains a number of individual copyrighted open source software programs licensed under its applicable license terms including but not limited to GNU General Public License (GPL) and GNU LESSER General Public License (LGPL) (collectively "Open Source Software Programs").
For Open Source Software Programs, please refer to the applicable license terms included in the application software CD-ROM attached to the product to which the Software is applied. In the event of any conflict between the terms under this AGREEMENT and the applicable license terms of Open Source Software Programs, the applicable license terms of Open Source Software Programs shall prevail.
Article 1 License
Licensee is granted the right to use the Software (the "Software" means the software and other information such as manuals downloaded by Licensee through Panasonic website), but all applicable rights to patents, copyrights, trademarks and trade secrets in the Software are not transferred to Licensee. All rights and titles, including but not limited to proprietary right, copyright patent, trademark and any other intellectual property right to the Software remain the property of Panasonic or its licensor, subject to the applicable license terms of Open Source Software Programs.
Article 2 Use by a Third Party.
Licensee may not use, copy, modify, transfer, rent, lease, lend or allow any third party, whether free of charge or not, to use, copy or modify the Software, except as expressly provided for in this Agreement.
Article 3 Reverse Engineering, Decompiling or Disassembly
Licensee may not reverse engineer, decompile, or disassemble the Software, except to the extent either of them is permitted under law or regulation of the country where Licensee resides. Panasonic or its distributors will not be responsible for any defects in the Software or damage to Licensee caused by Licensee's reverse engineering, decompiling, or disassembly of the Software.
Licensee may not remove, modify or alter any Panasonic's or its licensors' copyright or trademark notice from any part of the Software.
Article 4 After-sales Service
If a problem should occur with the Software while Licensee is using the Software and Licensee notifies Panasonic of the problem, Panasonic will make a reasonable effort to notify Licensee of necessary information to solve the problem to Panasonic’s knowledge including the way to correct errors in the program or the alternative or improved method for using the Software, provided however, Panasonic does not represent or warrant that it solves the problem that Licensee notified completely. Furthermore, Panasonic reserves the right to change any or all elements of the Software without prior notice.
Article 5 LIMITED WARRANTY AND LIABILITY
PANASONIC(IN THIS ARTICLE 5, “PANASONIC” INCLUDES PANASONIC’S AFFILIATES, SUBSIDIARIES, SALES COMPANY OR DISTRIBUTOR)’S LIABILITY WITH RESPECT TO THE SOFTWARE IS LIMITED TO ITS AFTER-SALES SERVICE PROVIDED IN ARTICLE 4 HEREIN. THE SOFTWARE IS PROVIDED "AS-IS”, AND PANASONIC AND ANY OF ITS AFFILIATED COMPANIES DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO COMPLETENESS, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY’S INTELLECTUAL PROPERTY, AND LOSS OR DAMAGE OF DATA, WITH REGARD TO THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PANASONIC SHALL NOT BE LIABLE FOR ANY DAMAGE SUFFERED BY LICENSEE, EITHER DIRECTLY OR THROUGH CLAIMS FROM A THIRD PARTY, ARISING FROM OR IN CONNECTION WITH LICENSEE’S USE, DISABILITY TO USE, OR ANY ERROR OF THE SOFTWARE.
Article 6 Export Rules
Licensee agree not to export or re-export the Software to any county in any form without the appropriate export licenses under the regulations of the country where Licensee reside or of any other country as may be required by such export or re-export.
Article 7 Termination
Without prejudice to any of Panasonic's other rights, Panasonic may terminate this AGREEMENT if Customer fails to comply with any of the terms and conditions of this AGREEMENT. In such event, Customer must cease the use of and destroy the Software.
Article 8 Governing Law
This AGREEMENT shall be governed and construed under laws of Japan.
Panasonic may, in its discretion, change the terms of the Software License Agreement at any time without prior notice to Licensee.
Article 9 Conflict Resolution
Any dispute arising out of or in relation to the Software shall be subject to the exclusive jurisdiction of the Osaka District Court of Japan.