SOFTWARE LICENSE AGREEMENT for Quick Arc Launcher

IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THE SOFTWARE [Quick Arc Launcher] ([SOFTWARE]) PROVIDED BY KEICE SOFT. IF YOU UNDERSTAND AND AGREE WITH THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT, YOU MAY INSTALL, COPY AND USE THE SOFTWARE. INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO BE BOUND BY AND COMPLY WITH THIS TERMS AND CONDITIONS.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS LICENSE, KEICE SOFT IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU MAY NOT INSTALL, COPY, OR USE THE SOFTWARE.

[KEICE SOFT END USER LICENSE AGREEMENT]

ATTENTION: THIS SOFTWARE LICENSE AGREEMENT ([LICENSE]) IS A LEGAL AGREEMENT BETWEEN YOU AND KEICE SOFT. THIS IS A LICENSE TO USE THE SOFTWARE, NOT A SALE OF THE SOFTWARE. THIS LICENSE CONTAINS LIMITATIONS ON WARRANTIES AND LEGAL REMEDIES. AND YOU MAY FURTHER AGREE AND ACKNOWLEDGED THAT INDIVIDUAL AGREMMENTS OR SEPARATE PROVISIONS OR AGREEMENTS REGARDING TO THE SOFTWARE DEGINATED OR SPECIFIED BY KEICE SOFT OR ANY THIRD PARTY MAY FORM PARTS OF THIS AGREEMENT.

1. LICENSE:

The Software contains a computer program, computer software, including its code, objects including any images, photographs, templates, animations, video, audio, music, extensions, text and software incorporated into the Software, and electronic documentation and KEICE SOFT hereby grants you a personal, non-exclusive, non-transferable limited license (without the right to sublicense) to use the Software in accordance with the terms and conditions of this License. As otherwise specified the terms and conditions separately, any supplemental software and materials provided to you provided by KEICE SOFT, and/or KEICE SOFT\'s licensors or partners for the Software shall be considered part of the Software and subject to the terms and conditions of this License. The copyright and all other rights to the Software shall remain with KEICE SOFT and/or KEICE SOFT\'s licensors or KEICE SOFT\'s partners, including but not limited to the software extensions identified by proprietary labels.

2. UNDER THIS LICENSE:

YOU MAY

(a) install and use the Software on your computers; and

(b) use only one (1) of the language versions of the Software, if the Software provides you with a selection of multiple language versions.

YOU MAY NOT

(a) use the Software or make copies of it except as permitted in this License;

(b) translate, reverse engineer, decompile, or disassemble the Software;

(c) modify, adapt, alter, translate, or create derivative works of the Software or merge the Software with other software;

(d) rent, lease, assign or transfer the Software;

(e) distribute, license, sublicense the Software to any third party;

(f) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) of KEICE SOFT and/or KEICE SOFT\'s licensors or KEICE SOFT\'s partners on the Software;

(g) allow third parties to access or use the Software as part of a commercial or non-commercial service or otherwise for the use or benefit of third parties; or

(h) modify, defeat or circumvent any of the functions or protections of the Software, and notify or distribute information regarding to such modification, defeat or circumvention.

KEICE SOFT may provide the update version Software from time to time at KEICE SOFT\'s sole discretion. Such update version Software is designed for use with replacing the original version Software and is subject to the terms and conditions of this License. By installing such update version Software, you may maintain continually the most current and active applicable licenses of the original Software.

KEICE SOFT may provide services designed for use with the Software from time to time at KEICE SOFT\'s sole discretion. As otherwise specified the terms and conditions separately, such services are subject to the terms and conditions of this License. You may agree and acknowledge that KEICE SOFT may cause such services from time to time at KEICE SOFT\'s sole discretion.

3. HIGH RISK ACTIVITIES:

The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). KEICE SOFT and/or KEICE SOFT\'s licensors or KEICE SOFT\'s partners specifically disclaim any express or implied warranty of fitness for such High Risk Activities.

4. APPRICATION STORE:

KEICE SOFT may provide the Software and/or any supplemental software or materials through an application store service operated and provided by a third party. You may acknowledge and agree that if you may purchase, download and/or use the Software and/or any supplemental software or materials, you may also agree and accept the terms and conditions associated with such service. BY purchasing, downloading and/or using the Software and/or any supplemental software or materials, you are also accepting such terms and conditions.

Except as specified in the terms and conditions of such application store service, KEICE SOFT does not refund fees for the Software and/or any supplemental software or materials.

5.THIRD PARTY SOFTWARE:

6. DISCLAIMER OF WARRANTY:

THE SOFTWARE IS PROVIDED [AS IS] AND WITHOUT WARRANTY OF ANY KIND. KEICE SOFT, ITS LICENSORS AND PARTNERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE SOFTWARE, WHETHER SUCH WARRANTIES ARE EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KEICE SOFT, ITS LICENSORS AND PARTNERS MAKE NO WARRANTY OR REPRESENTATION THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED, NOR WITH RESPECT TO THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE SOFTWARE. YOU FURTHER ACKNOWLEDGE THAT THE SOFTWARE MAY HAVE LIMITED FUNCTIONALITY, CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE COMPUTER SOFTWARE, HARDWARE, AND SYSTEM FAILURES OR LOSS OF DATA. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE AND DISTRIBUTION OF THE COMPONENT IS AT YOUR SOLE RISK.

7. LIMITATION OF LIABILITY:

UNDER NO CIRCUMSTANCES WILL KEICE SOFT, ITS LICENSORS AND PARTNERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF KEICE SOFT AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KEICE SOFT, ITS LICENSORS AND PARTNERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID TO KEICE SOFT, ITS LICENSORS AND PARTNERS BY YOU FOR THE SPECIFIC LICENSE TO WHICH THE LIABILITY IS RELATED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. EXPORT REGULATIONS:

You acknowledge and agree that you shall not export, or re-export directly or indirectly, the Software, to any country or person in violation of the laws and regulations of any applicable jurisdiction.

9. TERM AND TERMINATION:

You may terminate this License for any reason, or for no reason, by destroying all copies of Software.

KEICE SOFT may terminate this License if you breach any term of License. KEICE SOFT will effect such termination by giving you notice of termination, specifying therein the alleged breach.

Upon the termination of this License for any reason the following terms shall apply: (a) all rights granted under this License will immediately terminate and you must stop all use of the Software, (b) you must destroy all copies of the Software, and will, within ten (10) days after the effective date of termination.

10. ASSIGNMENT:

You may not assign any of your rights or delegate any of your obligations under this License, by operation of law or otherwise (including by merger, sale of assets or consolidation).

KEICE SOFT may assign some or all of KEICE SOFT\'s rights and obligations under this License without notice to you and this License shall be binding on such assignees, heirs, and/or successors. Any attempted assignment in violation of this Section will be void.

11. GOVERNING LAW AND JURISDICTION:

This License will be governed by and construed in accordance with the laws of Japan, except for its conflict of laws principles. In such case, you and KEICE SOFT also agree that the Tokyo Direct Court shall have the exclusive jurisdiction for the first instance over any lawsuit and any other disputes involving you and KEICE SOFT in connection with this License.

12. GENERAL:

If a court of competent jurisdiction finds any provision of this License to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License will continue in full force and effect.

This License is the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous agreements regarding its subject matter.

Any amendments of or waivers with respect to this License shall be effective only if made in writing and signed by a representative of the respective parties authorized to bind the parties. No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder.