You ("Licensee") are granted a license for the Software defined in this End User License Agreement ("Agreement") on condition that you agree to the terms and conditions of this Agreement. Especially, the Software is under development and Panasonic Corporation as licensor (Panasonic) will provide the Software on trial and as sample and tester version for customer. Therefore, Licensee acknowledges and agrees that the Software on an “AS IS” basis and Panasonic, its distributors and dealers shall not assume any responsibility to Licensee or any third parties regarding to use of the Software. Also, Panasonic, its distributor and dealers cannot response to any inquiries from Licensee. If Licensee does not agree to the foregoing of this clause or the terms and conditions of this Agreement, Licensee shall not use the Software in any way and Licensee shall promptly return the Software to Panasonic, its distributors or dealers from which you made the purchase.
Article 1 License
Licensee is granted the right to use the software, including the information recorded or described on the CD-ROM, instruction manuals, and any other media provided to Licensee (collectively "Software"), but all applicable rights to patents, copyrights, trademarks and trade secrets in the Software are not transferred to Licensee.
Article 2 Use by a Third Party
Licensee may not use, copy, modify, transfer 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 Restrictions on Copying the Software
Licensee may make a single copy of the Software in whole or a part solely for back-up purpose.
Article 4 Computer of Use
This software may be used on one computer (only one licensed user who are permitted to obtain access to this software.) It may not be used on multiple computers.
Article 5 Reverse Engineering, Decompiling Disassembly or Coincidental Use
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. Licensee may not use the Software coincidently with other LUMIX tether software provided by Panasonic. 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, disassembly or said coincidental use of the Software.
Article 6 Indemnification
The Software is provided "AS-IS" without warranty of any kind, either expressed or implied, including, but not limited to, warranties of non-infringement, merchantability and/or fitness for a particular purpose. For the avoidance of doubt, Licensee acknowledges and agrees that the Software is sample and tester version and Licensee may use under Licensee’s responsibility. Further, Panasonic does not warrant that the operation of the Software will be uninterrupted or error free. Panasonic or any of its distributors will not be liable for any damage suffered by Licensee arising from or in connection with Licensee's use of the Software.
Article 7 Export Control
Licensee agrees not to export or re-export to any country the Software in any form without the appropriate export licenses under regulations of the country where Licensee resides, if necessary.
Article 8 Termination of License
If Panasonic recognizes any faults, defects, bugs or errors of the Software or Panasonic decide under its sole direction, Panasonic may terminate license rights arising from the terms and conditions of this Agreement, without any limitations, payments or compensations to Licensee or any third parties.
Article 9 Miscellneous
9.1 The right granted to Licensee hereunder will be automatically terminated in the forgoing case of this Article or if Licensee contravenes of any of the terms and conditions of this Agreement. In the event, Licensee must destroy the Software and related documentation together with all the copies thereof at Licensee's own expense.
9.2 Panasonic may change this Agreement from time to time (" Updated Agreement"). If Panasonic makes changes to this Agreement, Panasonic will inform Licensee of (i) the terms and conditions of the Updated Agreement and (ii) the effective date of the Updated Agreement on Panasonic’s website, prior to the change becoming effective. Licensee shall comply with the terms and conditions of the Updated Agreement.
9.3 This Agreement shall be governed by and construed in accordance with the laws of Japan without reference to principles of conflict of laws, and Licensee and Panasonic submits to the exclusive jurisdiction of the Osaka District Court of Japan in respect to all controversies arising from or in relation to this Agreement, its performance, or any breach thereof.