End User License Agreement for
RISO NO TOMO Series Software

IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT FOR THE RISO NO TOMO SERIES SOFTWARE (the "Software") (the "Agreement") PRIOR TO OPENING THE SEALED PACKAGE, BREAKING THE SEAL, OR CLICKING THE "ACCEPT", "YES" OR OTHER ICON ONLINE INDICATING ACCEPTANCE OR, IF THE SOFTWARE PROVIDED TO THE END-USER IS INSTALLED OR RECORDED IN PHYSICAL MEDIA OR OTHER DEVICE, PRIOR TO USING SUCH MEDIA OR DEVICE. BY OPENING THE SEALED PACKAGE, BREAKING THE SEAL, CLICKING THE "ACCEPT", "YES" OR OTHER ICON ONLINE INDICATING ACCEPTANCE, OR USING THE MEDIA OR THE DEVICE IN WHICH THE SOFTWARE IS INSTALLED OR RECORDED, THE END-USER (WHICH MAY BE AN INDIVIDUAL OR AN ENTITY) (the "End-User") WILL BE DEEMED
TO HAVE READ AND UNDERSTOOD THIS AGREEMENT AND TO HAVE AGREED TO BE BOUND BY ANY AND ALL TERMS AND CONDITIONS IN THIS AGREEMENT AND ANY OTHER AGREEMENT REFERRED HEREIN.

If the End-User does not agree to all terms and conditions in this Agreement and other agreements referred herein, please immediately return the Software (if the Software provided to the End-User is installed or recorded in physical media or other device, including such physical media or device) to the dealer or RISO TECHNOLOGY CHINA CO., LTD. (including the branch office of RISO TECHNOLOGY CHINA CO., LTD.) (hereinafter, RISO TECHNOLOGY CHINA CO., LTD. and its branch office shall be collectively referred to as "RISO CHINA ") where the End-User has procured the Software (including purchase thereof; the same shall apply hereinafter).

This Agreement constitutes a legally binding agreement between the End-User and RISO CHINA, and any third-party suppliers (the "Suppliers") which are involved in the production of the Software. RISO CHINA will authorize the use of the Software by End-User in accordance with the licenses and other rights granted by Suppliers to RISO CHINA to the extent necessary to use the Software.

The Software includes the computer programs, together with all codes, techniques, software tools, format, design, concepts, methods and ideas associated therewith and all documentation related thereto, if any.

LICENSE. The Software may be licensed and may not be sold. Upon End-User's acceptance to be bound by the terms and conditions of this Agreement and any other agreements referred herein, the End-User will be granted with a nonexclusive, nontransferable right to use the Software.
RESTRICTIONS. You must only use the Software in accordance with this Agreement. You must only use the Software in accordance with technical instructions, restrictions and precautions contained in any supporting material, including any installation guide, Product manual, 'Read Me' instructions, or as otherwise communicated to you, and you must not use the Software with equipment other than the Product. You must communicate the content of this Agreement to all users of the Software and the Product within your company / organisation. Except as otherwise specifically permitted by law, you must not copy, translate, alter, modify, reverse-engineer, decompile or disassemble the Software. You must not rent, lease, sell, distribute, lend, license, assign, transfer, or otherwise make the Software available to any third parties, whether by way of recorded media, communication networks, or otherwise. You acknowledge that RISO CHINA or its suppliers may update or vary the Software at any time without notice.

COPYRIGHT. The End-User agrees that the End-User does not own and will not acquire copyright or any other intellectual property right to the Software. Even if the Software provided to the End-User is installed or recorded in physical media or other device, the End-User shall have ownership to only the physical media or device and RISO CHINA or the Suppliers shall have copyright or any other intellectual property right to the Software. The End-User agrees to use best efforts to protect the Software from unauthorized duplication or use. RISO CHINA and the Suppliers reserve all rights not expressly granted to the End-User under this Agreement.

DISCLAIMER OF WARRANTIES. RISO CHINA does not warrant that the Software will meet the End-User’s requirements or is free from defects. RISO CHINA provides the End-User with the Software “AS IS” without additional representations or warranties of any kind, either express, implied or statutory, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. RISO CHINA shall not provide any implied warranties.

The above provision on DISCLAIMER OF WARRANTIES may not apply to End-User in certain jurisdictions which do not allow the exclusion of implied warranties.

ASSIGNMENT. Notwithstanding the "LIMITATION ON USE" provided above, the End-User may assign this Agreement to an assignee (the "Assignee") only if (i) the End-User transfers the physical media or other device in which the Software is installed or recorded to the Assignee in case the Software is installed or recorded in physical media or other device and (ii) the Assignee agrees to be bound by all of the terms and conditions of this Agreement and any other agreement referred herein.

TERMINATION. The license is effective until its termination. The license shall be immediately terminated if the End-User fails to comply with the terms and conditions of this Agreement, or assigns the Agreement to the Assignee in accordance with the "ASSIGNMENT" provided above. The End-User agrees to destroy all copies of the Software and to cease the use of Software after termination of the license.

PRODUCT SUPPORT. For any product support for the Software, please contact the dealer or RISO CHINA (*) from whom the End-User has procured the Software.

EXPORT CONTROL. The End-User shall not export the Software in violation of any applicable laws or regulations relating to export.

LIMITED LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL RISO CHINA BE LIABLE FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, ANY COSTS FOR PROCURING SUBSTITUTE GOODS OR SERVICES, ANY LOSS OF USE, DATA OR PROFITS, OR ANY LOSS ARISING FROM INTERRUPTION OF BUSINESS) FOR ANY REASON WHATSOEVER AND REGARDLESS OF WHETHER RISO CHINA HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY SHALL APPLY REGARDLESS OF FORM OF CLAIM, WHETHER BASED ON CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY OF LIABILITY.

THE END-USER UNDERSTANDS AND ACKNOWLEDGES THAT CERTAIN TERMS AND CONDITIONS IN THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE LIMITED WARRANTY, WARRANTY DISCLAIMERS AND LIMITATIONS AND EXCLUSIONS OF LIABILITY, CONSTITUTE AN AGREED ALLOCATION OF RISK BETWEEN THE END-USER AND RISO CHINA AND/OR ITS SUPPLIERS AND THAT, WITHOUT SUCH RISK ALLOCATION, RISO CHINA WOULD NOT HAVE BEEN ABLE TO LICENSE THE SOFTWARE TO THE END-USER UNDER THE TERMS AND
CONDITIONS (INCLUDING THE PRICE IF THE END-USER HAS PURCHASED THE LICENSE) UNDER WHICH THE END-USER HAS PROCURED THE LICENSE.

The above provision on limited warranty may not apply to End-User in certain jurisdictions which do not allow the exclusion or limitation of incidental or consequential damages.

GENERAL PROVISIONS. This Agreement shall be governed by and interpreted in accordance with the laws of Japan. The rights and obligations of the parties under this Agreement shall not be governed by the U.N. Convention on Contracts for the International Sales of Goods. This Agreement constitutes the entire agreement between the parties with regard to the subject matter hereof, and supersedes any and all prior and contemporaneous oral or written statements or agreements relating to the Software. The provisions of this Agreement are separate and independent covenants, and the invalidity or unenforceability of one or more of these provisions or covenants shall not affect the validity or enforceability of the remaining provisions or of the other covenants of this Agreement.