This End User License Agreement (“EULA”) is an agreement between you (“End User”) and KYOCERA Document Solutions Europe Management B.V. (“Licensor”/”Kyocera”) for the use of Kyocera Software.
"Software" means all Kyocera software programs (i) licensed from Kyocera or an authorized Kyocera sales company, authorized dealer or authorized reseller, or (ii) embedded in or pre-loaded on Kyocera hardware equipment, including, but not limited to Kyocera Fleet Service clients on Kyocera hardware, downloadable Software, and internet access to Software. Software also includes updates and upgrades (installed during the support period) as well as accompanying manual(s), packaging and other written files, electronic or on-line materials or documentation, and any and all copies of such software and its materials. Software may also include additional features or functionality that can be accessed with either a current subscription or services contract for certain cloud services.
1. Grant of licence
This Licence sets out the terms and conditions (“Terms”) on which the Licensor permits the End User to use the Software. Entitlement to use the Software is offered on condition that End User agrees to all the Terms in the EULA. This Licence is the entire agreement between Licensor and End User regarding the Software. If End User does not accept these Terms then End User should not use the Software and delete or return the unused Software to Licensor or Kyocera sales company, authorized dealer or authorized reseller within 14 days, subject to the refund policy of the place where the Software license was purchased.
- (i) Use: This Software is licensed, not sold. Licensor grants the End User a revocable non-exclusive non-transferable right to use the Software subject to the Terms of this Licence. End User may install and use the Software on one computer only. Component parts of the Software may not be separated for use on more than one computer. The license begins on the date the Software is shipped or made available for download or installation and continues until terminated.
- (ii) Back-up copies: End User may make archival or back-up copies of the Software, on condition that the copy is only used for back-up purposes.
- (iii) Breach: End User is responsible for breach of any of the terms of this Licence by its employees, users and other persons connected to the End User. End User agrees to assist Licensor in all respects to compensate Licensor for all damage caused by any unauthorised installation of the Software.
- (iv) License Grant for Network Use or Use on Multifunctional Devices (MFDs): As an alternative to the entitlements granted in (i) above, End User may install a copy of the Software on one storage device, such as a network server or MFD, and allow individuals within Licensor’s business or enterprise to access and use the Software from other devices over a private network or on the MFD, provided that End User acquires and dedicates a license for the storage device upon which the Software is installed and each separate device from which the Software is accessed and used. A license for the Software may not be used concurrently on different devices.
2. Intellectual Property Rights
All ownership and intellectual property rights in the Software and any derivative work/s shall remain exclusively with the Licensor and/or its licensors. End User acknowledges such ownership rights and will not take any action to jeopardise, limit or interfere in any manner with Licensor’s rights with respect to the Software. Furthermore, End User may not remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software without the prior written permission of Licensor. Any breach of these Terms will result in automatic termination of the Licence.
3. Prohibition on Reverse Engineering
End User may not modify, translate, reverse engineer, decompile, disassemble or create any derivative work/s based on the Software. Any unauthorised deviation from this condition will result in automatic termination of the Licence.
4. Distribution
End User may not rent, lease, lend, sell, publish, distribute or grant the Software or any portion of it, or any copy of, or any portion of the copy, to any third party including individuals external or internal to End User’s organisation. Any unauthorised deviation from this condition will result in automatic termination of the Licence.
5. Collection of personal data
Whenever the Software connects to the internet and communicates with a Kyocera application, the Kyocera Fleet Services Privacy Statement (available at https://www.kyoceradocumentsolutions.eu/en/footer/privacy-and-cookie-centre/kfs-privacy-statement.html) and Data Processing Terms and Conditions (available at https://www.kyoceradocumentsolutions.eu/en/footer/privacy-and-cookie-centre/data-processing-terms-and-conditions.html) shall apply.
6. Disclaimer
No oral or written information or advice given by Licensor’s authorized dealer/s or distributor/s shall increase Licensor’s obligations to End User beyond the scope of the Terms of this Licence. Licensor does not warrant that the Software is appropriate for End User’s particular requirements or that the Software will be uninterrupted or error free. End User accepts all responsibility for the selection of the Software and for installation and use. Notwithstanding any damages that End User may incur, the entire liability of Licensor and any of its suppliers under this Licence and End User’s exclusive remedy for all of the foregoing shall be limited to the amount actually paid by End User separately for the Software.
7. Liability
Under no circumstances is Licensor liable to End User for any of the following:
- loss of, or damage to, data; or
- special, incidental, or indirect damages or for any economic consequential damage; or
- lost profits, business, revenue, goodwill, or anticipated saving; or
- loss of privacy; or
- personal injury.
8. Governing Law
This EULA and any disputes shall be solely governed by and construed in accordance with the laws of the Netherlands, the application of the Vienna Convention on Contracts for the International Sale of Goods (CISG), Vienna, 11 April 1980, being excluded. All disputes arising in connection with this EULA shall be settled amicably between the Parties. If amicable settlement cannot be reached, then all disputes3 | 3arising in connection with the present agreement, or further agreements resulting therefrom, shall be settled in accordance with the Arbitration Rules of the Netherlands Arbitration Institute, in which case the Arbitrage Tribunal shall consist of three (3) arbitrators. The place of arbitration shall be Amsterdam and the arbitration shall be held in the English language.
