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Terms and Conditions for the Quality Assurance for Windows
®
10 Pro,
Windows
®
10 Home
1. Limitations of guarantee
(a) NEC Personal Computers, Ltd. (henceforth, describing as"us" or "we" or "our") do
not guarantee the software products to be fault free and/or error free. Should there
be any problems caused by the software products, such problems shall be resolved
by you at your sole cost and expense.
(b) If you, as the first customer (this means the customer who purchased this product
as new and intact) register your user registration with our company, we will, for a
period of one year from the date of purchase of this product by the first customer,
provide you with a support and update program (henceforth, describing as "support
program") and/or information required to resolve any errors /bugs as discovered by
us in the software products. The support program shall only be offered by the
country the first customer purchase the product. You acknowledge and agree that
the provision and timing of the support program and/or information to resolve any
errors/bugs shall be determined by us in our sole and absolute discretion.
(c) If this product is a HDD or SSD containing the software products (henceforth,
describing as "HDD") and we have in our sole and absolute discretion determine that
the HDD is unable to work when used with the software products, we shall provide a
free one for one exchange for the defective HDD, provided that within 14 days of
purchase of the defective HDD, the same is return to the shop where the first
customer purchased it.
(d) If we determined in our sole and absolute discretion that the Authorized Duplicate is
unable to work when used with the software products, we shall provide a free one
for one exchange for the defective Authorized Duplicate, provided that within 14
days of purchase of this defective Authorized Duplicate, the same is returned to the
shop where the first customer purchased it.
2. Limitations of responsibility
(a) We shall not be liable for any of your indirect incidental, special or consequential
damages suffered in connection with this license, howsoever caused (including
without limitation, damages for your loss profit, for interruption of services, loss of
business, loss of revenue, loss of data or loss or increased expense of use by
yourself or any third party incurs) whether based on contract, warranty, or other legal
theory, and whether or not informed of the possibility of such damages.
(b) Our cumulative liability in total for all indemnities, damages and/or costs under this
license, shall not exceed the amount of monies paid by you for this product,
regardless of anything to the contrary or the basis on which you shall be entitled to
claim damages from us (including fundamental breach, negligence,
misrepresentation or other contract or tort claim).
(c) You shall indemnify and hold us harmless against any and all liabilities, losses,
claims, demands, proceedings, damages, costs, charges and expenses whatsoever
damages whatsoever (including legal costs) by any person arising out of or in
connection or by reasons of the use of the software products.
3
. Intellectual Property Rights
All the right, title and interest to the intellectual property rights in the software products,
including but without limitation to any source codes, images, photographs, animations,
video, audio, music and text incorporated into the software products, the accompanying
manual and other materials and any copies of the software products, are owned by
Microsoft Corporation and shall not be transferred to you. Unless as expressly provided
herein, you may not copy the software products and/or the manual and other materials
accompanying the software products. Any customization, translation, modification, or
revision of the source code of the software products by you immediately becomes
Microsoft Corporation's intellectual property. The creation of derivative works based on
or through the use of the source code of the software products is prohibited. All title and
intellectual property rights in and to the content which may be accessed through use of
the software products are the property of the respective content owner. This license
grants you no right to use such content. All rights not expressly granted under this
license are reserved by Microsoft Corporation.
4. Disclaimer of Warranty
(a) THIS SOFTWARE PRODUCT AND THE ACCOMPANYING MATERIALS ARE
LICENSED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND EITHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTIABLITY AND FITNESS FOR A
PARTICULAR PURPOSE. We do not warrant that the functions of the software
products will meet your requirements or that operation of the software products will
be uninterrupted, fault free or error free. You assume all responsibility for selecting
the software products to achieve your intended results, and for the use and results
obtained from the software products. We are not responsible for making the
software products operational. Unless as expressly provided herein, should the
software products proved be defective, you shall assume the entire risk of using this
product, the software products, the Authorized Duplicate and the entire cost of any
service and repair. This disclaimer of warranty constitutes an essential part of this
license.
(b) WE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMTED TO
THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
5. Others
(a) This product, the software products, the Authorized Duplicate and/or any duplicate
of the software products may be subject to export control laws and regulations and
you shall not export or transfer the software products to any third party without first
obtaining our written consent and the written consent of the relevant authorities and
government. You shall also comply with all applicable export control laws and
regulations.
(b) This license is governed by and interpreted in accordance with the laws of Japan,
and you and our company hereby submit to the exclusive jurisdiction of the Tokyo
District Court.
For Customer
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