This contract represents an agreement
between customers who use this software (defined below) and Sanyo
Electric Co., Ltd. (hereinafter referred to as our company).
Clicking the Accept button at the bottom of this contract
and downloading the software implies acceptance of this contract.
If customers are not able to abide by this contract, they should
click the Do not accept button at the bottom of this
page. In such cases, downloading of the software will be cancelled
and no licensing agreement will be granted.
(1) Definition
The software at issue updates the firmware included in the SANYO
VPC-C6 Digital Movie Camera (hereinafter called VPC-C6), and is
to be downloaded and installed once the customer has accepted the
terms of this licensing agreement.
(2) Entitlements Regarding
Software
Our company holds the copyright and all other entitlements to this
software, and these are protected by copyright law and international
conventions.
(3) Terms of Use
| (i) |
This software may be downloaded by the customer to one (1)
computer and one (1) SD memory card by means of a dedicated
USB cable or a card reader. |
| (ii) |
The customer may save a copy of the software, downloaded according
to (i), onto a PC or SD memory card, for the purposes of backup
only. |
| (iii) |
The customer may not share the software with multiple users
over a computer network. |
| (iv) |
The customer may not transfer, loan, rent, lease or license
all or part of the software to a third party, regardless of
whether or not compensation is received. |
| (v) |
The customer may not change, recast, translate or otherwise
reverse-engineer (decompile or disassemble, for example) the
software. |
(4) Quality Assurance
| (i) |
Our company warrants that the VPC-C6 will operate normally
under the production environment prescribed by our company for
one (1) year after the software has been downloaded and within
the warranty period of the respective VPC-C6. However, if a
product malfunction is caused by any of the following, our company
will exempt itself from the warranty.
a) In cases of accident, natural or otherwise: fire, earthquake,
wind or flood damage, an event caused by a third party, or any
other accident;
b) In cases of negligence or misuse on behalf of the customer;
c) In cases where the software has been installed in a product
other than the VPC-C6;
d) In cases where the customer has altered or recast the software
in contravention of the Terms of Use (3);
e) In cases where the customer has used the software in contravention
of the outlines in this contract. |
| (ii) |
The coverage provided by the warranty outlined in (i) is limited
to providing a replacement copy of the relevant software, provided
that our company is shown clearly to be responsible for gross
negligence. |
(5) Termination of the Contract
| (i) |
This contract will be terminated under the following conditions:
a) When the customer stops using the software;
b) When the customer breaks the terms of this contract. |
| (ii) |
In cases where the contract is terminated by actions listed
in (i), customers are obliged to dispose of the software along
with any copied versions of it. |
(6) Governing Law
This licensing agreement shall be enacted in accordance with the
laws of Japan. The relevant court of jurisdiction for conflicts
pertaining to this licensing agreement is the Osaka district court.
|