Topcon KR-1W Instruction Manual Download

Page: 182 / 188

180

END USER LICENSE AGREEMENT

• You have acquired a device (DEVICE) that includes software licensed by TOPCON CORPORATION (TOPCON) from

Microsoft Licensing Inc. or its affiliates (MS). Those installed software products of MS origin, as well as associated
media, printed materials, and "online" or electronic documentation (SOFTWARE) are protected by international intellec-
tual property laws and treaties. The SOFTWARE is licensed, not sold. All rights reserved.

• IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT (EULA), DO NOT USE THE DEVICE OR

COPY THE SOFTWARE. INSTEAD, PROMPTLY CONTACT TOPCON FOR INSTRUCTIONS ON RETURN OF THE
UNUSED DEVICE(S) FOR A REFUND.

ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE

ON THE DEVICE, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY PREVI-
OUS CONSENT).

GRANT OF SOFTWARE LICENSE.

This EULA grants you the following license:

• You may use the SOFTWARE only on the DEVICE.
•

NOT FAULT TOLERANT.

THE SOFTWARE IS NOT FAULT TOLERANT. TOPCON HAS INDEPENDENTLY DETER-

MINED HOW TO USE THE SOFTWARE IN THE DEVICE, AND MS HAS RELIED UPON TOPCON TO CONDUCT
SUFFICIENT TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE.

•

NO WARRANTIES FOR THE SOFTWARE.

THE SOFTWARE is provided "AS IS" and with all faults. THE ENTIRE

RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT (INCLUDING LACK OF NEG-
LIGENCE) IS WITH YOU. ALSO, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT
OF THE SOFTWARE OR AGAINST INFRINGEMENT.

IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING

THE DEVICE OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT BINDING
ON, MS.

• No Liability for Certain Damages.

EXCEPT AS PROHIBITED BY LAW, MS SHALL HAVE NO LIABILITY FOR ANY

INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH
THE USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY
FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MS BE LIABLE FOR ANY AMOUNT IN EXCESS OF
U.S. TWO HUNDRED FIFTY DOLLARS (U.S. $250.00).

•

Limitations on Reverse Engineering, Decompilation, and Disassembly.

You may not reverse engineer, decompile,

or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable
law notwithstanding this limitation.

•

SOFTWARE as a Component of the DEVICE - Transfer.

This license may not be shared, transferred to or used con-

currently on different computers. The SOFTWARE is licensed with the DEVICE as a single integrated product and may
only be used with the DEVICE. If the SOFTWARE is not accompanied by a DEVICE, you may not use the SOFTWARE.
You may permanently transfer all of your rights under this EULA only as part of a permanent sale or transfer of the
DEVICE, provided you retain no copies of the SOFTWARE. If the SOFTWARE is an upgrade, any transfer must also
include all prior versions of the SOFTWARE. This transfer must also include the Certificate of Authenticity label. The
transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the SOFT-
WARE must agree to all the EULA terms.

•

EXPORT RESTRICTIONS.

You acknowledge that SOFTWARE is subject to U.S. and European Union export jurisdic-

tion. You agree to comply with all applicable international and national laws that apply to the SOFTWARE, including the
U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and
other governments. For additional information see http://www.microsoft.com/exporting/.

PRODUCT SPECIFIC TERMS:

•

RESTRICTED FUNCTIONALITY.

You are licensed to use the SOFTWARE to provide only the limited functionality (spe-

cific tasks or processes) for which the DEVICE has been designed and marketed by TOPCON. This license specifically
prohibits any other use of the SOFTWARE programs or functions, or inclusion of additional software programs or func-
tions that do not directly support the limited functionality on the DEVICE.

(a) Notwithstanding the foregoing, you may install or enable on the DEVICE systems utilities, resource management
or similar software (including without limitation anti-virus software) (collectively, "Support Software") solely for the pur-
pose of administration, performance enhancement and/or preventive maintenance of the DEVICE. You acknowledge
and agree that with respect to any Support Software: (i) the Support Software may not be compatible with the SOFT-
WARE installed on your DEVICE; (ii) no warranty is provided by MS, Microsoft Corporation or their affiliates for any
Support Software that you may install on your DEVICE; and (iii) neither MS, Microsoft Corporation nor their affiliates is
responsible for technical support of any Support Software you may install on your DEVICE. Please contact TOPCON
if you have any questions regarding any Support Software that you are considering installing on your DEVICE.
(b) The DEVICE may use terminal services protocols (such as Remote Desktop Protocol, Remote Assistance or Inde-
pendent Computer Architecture) to connect or access Applications (as defined below) running on a server; however,
these Applications may not run locally on the DEVICE. For purposes of this provision, "Applications" mean software