Sharp Corporation of Australia

SOFTWARE LICENSE AGREEMENT
1. License. The application, demonstration, system and other software accompanying this License, whether on disk, in read only memory, or on any other media (the "Software") and related documentation are licensed to you by SHARP on the terms of this License. Sharp grants you a personal, limited and non-exclusive license to install and use the Software only for use with the printer device ("the Device") of which it now forms part and/or for which it is intended and not further or otherwise. This License allows you to use the Software on a single computer directly or via a local area network connected to the Device. You may allow other users of other computers connected to the local area network in which your computer is contained to use the Software, provided that you:
(i) must first ensure that all such users accept and are bound by the terms of this License;
(ii) must also ensure that all such users use the Software only in conjunction with the Device and in relation to the local area network of which they form part; and
(iii) accept that you shall on demand indemnify and keep whole Sharp and its Licensors against all damages, losses, costs, expenses and liabilities which Sharp and its Licensors may incur as a consequence of such users failing to observe and perform the terms of this License or any of them. You may make one copy of the Software in machine-readable form for backup purposes only. You must reproduce on such copy the SHARP copyright notice, the copyright notice of SHARP'S Licensors and any other proprietary legends of SHARP and/or its Licensors that were on the original copy of the Software. You may also transfer all your rights in the software, the backup copy of the Software, the related documentation and a copy of this License to another party, provided the other party reads and agrees to the terms and conditions of this License. You accept that loading the Software into a computer signifies your unqualified acceptance of and your agreement to abide by the terms of this License.
2. Restrictions. The Software contains copyrighted material, trade secrets and other proprietary material which is owned by SHARP and/or its Licensors and in order to protect them you may not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form. You may not modify, rent, lease, loan, distribute or create derivative works based upon the Software in whole or in part. You may be held legally responsible for any copyright infringement, unauthorised transfer, reproduction or use of the Software or its documentation.
3. Termination. This license is effective until terminated. You may terminate this License at any time by destroying the Software and related documentation and all copies thereof in your possession or control or in the possession and control of the other persons who are pursuant to this License permitted to use the same in conjunction with the Device. This License will terminate immediately without notice from SHARP and/or SHARP'S Licensors if you fail to comply with any provision of this License. Upon termination you must destroy the Software and related documentation and all copies thereof.
4. Export Law Assurances. You agree and certify that neither the Software nor any other technical data received from SHARP, nor the direct product thereof, will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If the Software has been rightfully obtained by you outside of the United States, you agree that you will not re-export the Software nor any other technical data received from SHARP, nor the direct product thereof, except as permitted by the laws and regulations of the United states and the laws and the regulation of the jurisdiction in which you obtained the Software.
5. Government End Users. If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees: (i) if the Software is supplied to the Department of Defense (DoD), the Software is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Software and its documentation as that term is defined in Clause 252.227-7013 (c)(1) of the DFARS; and (ii) if the Software is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the Software and its documentation will be as defined in Clause 52.227-19 (c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86 (d) of the NASA Supplement to the FAR.
6. Disclaimer of Warranty on Software. For the purposes of this Clause 6 and for the purposes of the provisions of Clauses 7 and 9 below SHARP and SHARP's Licensor(s) shall be collectively referred to as SHARP. You expressly acknowledge and agree that use of the Software is at your sole risk. The software and related documentation are provided "AS IS" and without warranty of any kind and SHARP EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHARP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, SHARP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SHARP OR A SHARP AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT SHARP OR A SHARP AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU IN THOSE JURISDICTIONS.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL SHARP BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SHARP OR A SHARP AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU IN THOSE JURISDICTIONS. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INJURY OR DEATH RESULTING FROM NEGLIGENCE ON THE PART OF THE LICENSOR SO THE ABOVE LIMITATION AND EXCLUSION SHALL IN THOSE JURISDICTIONS NOT APPLY TO DEATH OR INJURY DIRECTLY ARISING FROM NEGLIGENCE ON THE PART OF THE LICENSOR. IN NO EVENT SHALL SHARP's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT(INCLUDING NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
8. Controlling Law and Severability. For a portion of the Software related with Apple Macintosh and Microsoft Windows, this license shall be governed by and construed in accordance with the laws of the state of California and Washington, respectively. For a portion of the Software which has been licensed to SHARP by Software 2000 International Limited, this license shall be governed by and construed in accordance with the laws of England. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
9. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of SHARP.