Software End User License Agreement

The purpose of this Software End User License Agreement (“Agreement”) is to set forth the terms and conditions of the license of this software (“Software”) that Casio Computer Co., Ltd. (“CASIO”) provides to you.

Article1 (Grant of License)

Subject to the terms and conditions of this Agreement, CASIO hereby grants you the royalty-free, non-exclusive license to use the Software on a certain hardware.

Article 2 (Restrictions)

You shall not: (i) copy, reverse engineer, decompile, disassemble, alter, modify, adapt, translate or export the Software; (ii) upload, transmit or otherwise make the Software available on the web, sell, lend, lease or distribute the Software; (iii) sublicense or assign any right to use the Software to third parties; and (iv) remove any logos, copyright, trademark, and other proprietary markings from the Software.

Article 3 (Payment)

In consideration of the license granted herein, you shall pay the prescribed license fee pursuant to the procedure prescribed by CASIO.

Article 4 (Intellectual Property Rights)

Any and all intellectual property rights, including without limitation, copyright, trademark right, and application for any of the foregoing, with respect to the Software and all rights arising therefrom are and shall remain the property of CASIO and/or CASIO’s licensor.

Article 5 (Warranty and Liability)

• 5.1 THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND CASIO EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR CONDITIONS OF OR RELATED TO NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF RESPONSE.
• 5.2 IN NO EVENT SHALL CASIO BE LIABLE FOR ANY LOST REVENUE, LOST PROFIT OR LOSS OF DATA, OR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF CASIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE.
• 5.3 IF THIS AGREEMENT IS SUBJECT TO GENERAL CONSUMER PROTECTION LEGISLATION OF YOUR JURISDICTION, THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THIS ARTICLE APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER THE LAWS OF YOUR JURISDICTION.

Article 6 (Automatic Sending of Usage Information)

• 6.1 If the Software is used in an environment connected to the Internet (which shall be prepared by you at your own expense and responsibility), the Software has a function to periodically and automatically send information (“Automatic Sending Function”) regarding the environment in which you use the Software (referring to the information stipulated in the “Privacy Policy”; hereinafter referred to as the “Usage Information”) to the server designated by CASIO, and you may, at your own discretion, choose whether to use the Automatic Sending Function or not. In addition, any personal information about a living individual which can identify the specific individual by name, date of birth or other description contained in such information (including such information as will allow easy reference to other information and will thereby enable the identification of the specific individual) shall not be included in the Usage Information.
• 6.2 If you use the Automatic Sending Function, CASIO may retain and use the Usage Information for the purpose of grasping the usage trends of the Software and improving CASIO's products, including the Software.

Article 7 (Term)

• 7.1 This Agreement will remain in force until you fail to comply with any term or condition of this Agreement. Upon termination of this Agreement, you shall immediately uninstall and cease to use the Software.
• 7.2 Articles 4 through 8 shall survive any termination of this Agreement.

Article 8 (Governing Law and Jurisdiction)

• 8.1 This Agreement shall be governed by and construed in accordance with the laws of Japan.
• 8.2 Any dispute arising out of, in relation to or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court of Japan.