EN11
6.Limitation of Liability
JVC WILL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WILL INDEMNIFY AND HOLD HARMLESS JVC FROM ANY LOSS, LIABILITY OR COSTS ARISING OUT OF OR IN ANY WAY CONNECTED TO CLAIMS FROM ANY OTHER PERSONS RELATING TO THE USE OF THE SOFTWARE.
7.Term
This Agreement will become effective on the date when You download and/or install the Software onto Your machine, and continue to be in effect until termination under the reasons as below:
Should You breach any provision of this Agreement, JVC may terminate this Agreement without giving any notice to You. In this event, JVC may claim against You any damages caused by Your breach. Should this Agreement be terminated, You should immediately destroy the Software stored in Your machine (including erasure from any memory in Your PC), and then will not possess such Software.
8.Export Control
You agree that You will not ship, transfer or export the Software or underlying information and technology to any countries to which Japan and other relevant countries have embargoed goods.
9.Restricted Rights Legend
The Software including related documentation has been developed at private expense of Sharp Corporation, and is commercially available.
If the Software is acquired by You under a United States Department of Defense contract, the use, duplication or disclosure by the Government is subject to the restrictions as set forth in subparagraph (c)(i)(ii) of the Rights in Technical Data and Computer Software clause at DFARS
If the Software is acquired by You as any other agency of the U.S. Government, the use, duplication, or disclosure by the Government is subject to the restriction as set forth in subparagraph (g)(3) of FAR
10.General
(1)No modification, change, addition, deletion or other alteration of or to the Agreement will be valid unless reduced to writing and signed by an authorized representative of JVC.
(2)To the maximum extent permitted by the applicable law where the Software was acquired, any conditions or warranties imposed or implied by law are hereby excluded. You may nevertheless have the benefit of certain rights or remedies pursuant to the applicable law in respect of which liability may not be excluded. In any case, however, JVC’s entire liability will be limited to those which apply to your Mobile Mini Note PC.
(3)Even if any part of the Agreement is held invalid by or in conflict with any law having jurisdiction over this Agreement, the remaining provisions will remain in full force and effect.
(4)The Agreement shall be governed by and interpreted under the laws of Japan. The Tokyo District Court has jurisdiction over all disputes which may arise with respect to the execution, interpretation and performance of this Agreement.