12. License Agreement

[Important]
Read this license agreement carefully.

• This license agreement (“Agreement”) is a legal agreement between you (either an individual or a single entity) and Ichikawa Soft Laboratory (“ISL”) for software products (“Product” or “Software”) of Ichikawa Soft Laboratory.

• Opening any packaging or physical media, installation, receiving any serialization codes or any use of this Product indicates your express understanding and acceptance of the terms in this Agreement.

• ISL expressly prohibits you from installation or use of this Product if you do not agree to all terms of this Agreement. ISL reserves any and all rights not specifically granted in this Agreement.

• The Product is protected by copyright laws, treaties concerning copyright, and other laws and treaties concerning right of intangible property.

• You are permitted to use, and not sell, the product.
  You expressly acknowledge that your rights are limited to use, and that you are expressly forbidden to rent, sell or resell the product or transfer your use rights.

[Software Product License]
Product name: SILKYPIX® Developer Studio Pro 9 English / SILKYPIX® Developer Studio 9 English

1. Definitions

• (1) This Product includes the computer software, associated media, materials (documentations such as manuals), and “online” or electronic documentation.

• (2) This software has functions that are available after paying for a license.

2. Condition of Use

• (1) This agreement grants you the right to use the software based on agreeing to the users agreement.

• (2) Your rights to use this product are contingent upon your licensing the product from ISL or authorized ISL partner. A license can be used on a maximum of three (3) computers owned by you.
  You are authorized to create a number of backup copies of the product only up to the number of licenses authorized under this agreement.

• (3) Only after any required payment and being a customer in good standing will ISL issue you a serial number and product key (or other form of activation) to enable this software. You expressly acknowledge that you understand you will only be able to use this software after registering using activation procedures. Please refer to SILKYPIX web site (https://support.isl.co.jp/en/license/) for licensing procedures and other information.

• (4) You are allowed to experience all or part of the software functions without a payment for a period of time that ISL defines. However, you will not be able to use this software after the period defined by ISL has passed.

3. Communication through the Internet

If the computer on which this software is installed is connected to the Internet, there are cases in which communications may occur with our company through the Internet in order to provide information on updating software versions or improving our company’s merchandise.
When customers install this software they agree that our company may collect, save and use information concerning this software, as well as information concerning the computer system on which this software is installed.
However, information gathered from your computer is not information that would identify you personally, but rather information used only for the purpose of providing information on merchandise and services beneficial to you, as well as to improve our company’s products.

4. Prohibited Matters

• (1) Copyright notice
  You shall not remove any copyright notice attached to all copies of this Product.

• (2) Do not distribute or redistribute Product Keys
  You shall not distribute the Product Key of this Product to any third party.

• (3) Do Not Use Unauthorized Product Keys
  You will not use a Product Key from any third party other than those provided by authorized distributors or partners of ISL.

• (4) Do not distribute any portion of the Product
  You shall not distribute any portion of the Product.

• (5) Do Not Alter Product
  You shall not alter all or any portion of the Product.

• (6) Do not rent, lease, or sub-license the Product
  You shall not rent, lease or sub-license the Product, a copy or alteration of the Product, or the Product key, to any third party.

• (7) Do not reverse engineer, decompile, or disassemble the Product
  You shall not reverse engineer, decompile, or disassemble the Product.

• (8) Compliance with law
  You shall comply with the applicable, governing laws when using the Product.

5. The Validity term of this agreement

• (1) This Agreement is effective from the date of the agreement until you discontinue using the Product or terminated.

• (2) Any rights granted under this Agreement are automatically terminated if you violate any portion of this Agreement. At its sole discretion, ISL may waive automatic termination. In the event your rights are terminated, you must destroy all copies of the product and product components. In the event your rights to use the product are terminated, you expressly agree and warrant that any applicable penalties or requirements, without limitation, are in full force under this Agreement.

6. Responsibilities of ISL

ISL provides limited technical and customer service support only for customers who are parties to this Agreement; technical support is not provided during any trial period.
You can use the Support Services in accordance with ISL’s policy and program as written in the user’s manual, online documentations or printed materials provided by ISL.
The additional software codes are regarded as a part of the Product, and the terms and conditions of this Agreement are applied.
The technical information of the customers provided to ISL as part of the support service may be used by ISL for commercial purposes, including product support or development. However, ISL shall not use them in a way in which the customer can be identified.

7. Limitation of Liability

• (1) ISL is not liable for any damages arising out of selection, introduction, usage and results of using this product. You assume the entire risk.

• (2) In no event will ISL or its suppliers be liable for any damages (including but not limited to the damages for lost of revenue, business interruption, loss of business information, and other pecuniary loss) arising out of the use or inability to use the Product and its documentation even if ISL has been advised of the possibility of such damages.

8. Copyright

All titles and copyrights in this Product and in any copies of this Product are owned by ISL. All titles and rights of intangible properties in the contents accessed by the Product are owned by its owner, and protected by the applied copyright laws and the terms of the copyright agreement. This Agreement does not provide any license agreement of these contents owned by third party. The rights not given explicitly in this Agreement are reserved by ISL.

9. Export Regulation

You shall not directly or indirectly export all or a portion of the licensed software without obtaining the necessary permission from the Government of Japan or the governments of the relevant countries.

10. Third Party Software
ISL may provide to you third party products (“Third Party Product”) in addition to the Product; Any third party product is governed exclusively by its own End User License Agreement and terms and not this Agreement, including, but exclusive to, support and warranty.

• (1) Support services
  Third Party Product(s) documentation and components are provided as is without support from ISL.

• (2) No warranty
  Third Party Product(s) documentation and components are provided as is without any warranty, including merchantability, fitness for a particular purpose and non-infringement, regardless of whether it is oral or written information. The entire risk as to the results and performance of the Third Party Product is assumed by you.

• (3) Exclusion of Liability
  In no event will ISL be liable for any damages (including but not limited to the damages for lost revenue, business interruption, loss of business information, and other pecuniary loss) arising out of the use or inability to use the Third Party Product and its documentations, even if ISL has been advised of the possibility of such damages.

11. Third Party License

This Product contains a Lensfun database (Copyright© 2007) (http://lensfun.sourceforge.net/) that is licensed under the “Creative Commons Attribution-ShareAlike 3.0 Unported (CC BY-SA 3.0) License”. This database cannot be used in any manner that does not comply with the terms of this license (CC BY-SA 3.0). This license (CC BY-SA 3.0) is available for reference at http://creativecommons.org/licenses/by-sa/3.0/legalcode. This database is provided “as-is” without any assurances or conditions, whether implicit or explicit.

12. General

• (1) The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.

• (2) This Agreement shall be governed by laws of Japan. Any dispute arising out of or related to this Agreement shall be submitted to the jurisdiction of the Tokyo District Court in Tokyo, Japan.