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IMPORTANT – PLEASE READ BOTH LICENCE AGREEMENTS CONTAINED IN THIS DIALOG BOX CAREFULLY






License Agreement for Brother Custom UI-Development Tool (the “Development Tool”)


IMPORTANT-PLEASE READ CAREFULLY:  This Licence Agreement (“Agreement”) is a legal agreement between Brother Industries, Ltd. (“Brother”) and you for Brother’s Custom User Interface Development Tool (the “Software”), data supplied with the Software and any printed materials provided with the Software (including user manuals).  
Brother licenses use of the Software to you on the basis of this Agreement. The Software will be downloaded if you tick the box indicating agreement to the licence terms and conditions in the Dialog Box displaying this Agreement in the download area of Brother’s developer website.  The Software will be installed if you tick the box indicating agreement to the licence terms and conditions in the Dialog Box displaying this Agreement.  Amendments and Supplements to this Agreement may be attached to the Software.  By pressing the "Yes" or "OK" button or signing this Agreement, and downloading or installing the Software in accordance with the above procedure, you shall be deemed to have agreed to be bound by the terms of this Agreement.  If you do not agree to the terms of this Agreement in accordance with the above procedure, Brother shall not license the installation, use, reproduction or distribution of the Software to you.
An individual who accepts or signs this Agreement on behalf of an entity represents to Brother that he or she has the legal right to enter into a binding legal agreement for that entity.
Terms and Conditions
1. Grant of Licence.
1.1 In consideration of you agreeing to abide by the terms of this Agreement, Brother hereby grants to you a worldwide, non-exclusive, non-transferable licence to use the Software until terminated in accordance with this Agreement.
1.2 You may:
1.2.1 install or store copies of the Software on one or multiple computer(s) at a single location and use such Software for the purpose of customising the user interface of Brother printer and scanner machines at that location; 
1.2.2 use the Software’s development tool to write any code, data and designs for the customised user interface as described above;
1.2.3 transfer the Software from one computer to another at your single location;
1.2.4 make one copy of the Software for back-up purposes.
2 Restrictions
2.1 Except as expressly set out in this Agreement or as permitted by any local law, you undertake:
2.1.1 not to copy the Software, except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;
2.1.2 not to rent, lease, sub-licence, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
2.1.3 not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software except as permitted by local laws;
2.1.4 to use the Software only for the purpose of customising the user interface of a Brother printer or scanner machine;
2.1.5 keep all copies of the Software secure;
2.1.6 to include Brother’s copyright notice on all entire and partial copies of the Software;
2.1.7 not to provide or make available the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us; 
2.1.8 not to use any trademarks or intellectual property belonging to Brother, including without limitation the “brother” trademarks in any customised user interface developed using the Software without prior written consent of Brother; and
2.1.9 not to use the Software by any communications network or by means of remote access.
3 Intellectual Property
3.1 You acknowledge that all intellectual property rights in the Software throughout the world belong to Brother, that rights in the Software are licensed (and not sold) to you, and that you have no intellectual property rights in, or to, the Software other than the right to use the Software in accordance with this Agreement.
3.2 You acknowledge that you have no right to have access to the Software in source code form other than as expressly provided in this Agreement.
4 No warranty
4.1 THE SOFTWARE AND ANY SUPPORT SERVICES RELATING THERETO WILL BE PROVIDED BY BROTHER ON AN "AS IS" BASIS.  BROTHER SPECIFICALLY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ALL STATUTORY OR OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, TITLE OR FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OR ANY IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BROTHER SPECIFICALLY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET THE REQUIREMENTS OF YOU, ANY END-USER OR OTHER THIRD PARTY, OR THAT THEY WILL BE ACCURATE OR ERROR-FREE.  YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS, PERFORMANCE OR USE OF THE SOFTWARE.  BROTHER SHALL HAVE NO LIABILITY TO YOU, END-USERS OR OTHER THIRD PARTIES FOR DAMAGES RESULTING, OR ALLEGED TO HAVE RESULTED, FROM ANY ERROR OR OMISSION IN THE SOFTWARE, ANY CODES, DATA, OR DESIGNS SELECTED, DESIGNATED, TYPED, ALTERED, MODIFIED, DELETED, COMBINED, LOADED, SAVED OR OTHERWISE INPUTTED BY YOU, END-USERS, OR OTHER THIRD PARTIES, OR ANY ACTION TAKEN OR NOT TAKEN BASED ON, OR MATERIALS PREPARED FROM, THE LICENSED SOFTWARE. THE ABOVE WARRANTY TERMS DO NOT PURPORT TO LIMIT THE STATUTORY RIGHTS OF A CONSUMER.
5 Limitation of liability
5.1 BROTHER SHALL NOT BE LIABLE TO YOU, ITS END-USERS OR ANY OTHER ENTITY FOR ANY LOSS OF PROFITS OR INCOME OR SAVINGS, LOSS OF DATA, INTERRUPTION OF USE, OR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES INCURRED BY SUCH PARTY (WHETHER IN AN ACTION IN CONTRACT OR TORT), EVEN IF BROTHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING TO THE SOFTWARE, SUPPORT SERVICE OR THIS AGREEMENT.  THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
5.2 NOTWITHSTANDING THE SECTION 12 OR 13(A) HEREOF, THIS AGREEMENT DOES NOT PURPORT TO EXCLUDE OR RESTRICT BROTHER'S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE OR LIMIT THE STATUTORY RIGHTS OF A CONSUMER.
5.3 YOU SHALL INDEMNIFY AND HOLD BROTHER AND ITS AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, SUITS, ACTIONS OR PROCEEDINGS RESULTED FROM USE OR DISTRIBUTION OF CUSTOMISED INDIVIDUAL UI, AND REIMBURSE ANY AND ALL COSTS AND EXPENSES INCURRED BY BROTHER AND ITS AFFILIATES TO SETTLE OR DEFEND SUCH CLAIMS, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES.
6 Termination
6.1 Brother shall have the right to terminate this Agreement immediately by written notice to you if you commit a material breach of this Agreement which you fail to remedy upon request.  
6.2 Upon termination for any reason all rights granted to you under this Agreement shall cease, you shall cease all activities authorised by this Agreement and you shall immediately delete or remove the Software from all computer equipment in your possession and delete or destroy all copies of the Software in your possession. 
7 Miscellaneous terms
7.1 At any time and in its own discretion, Brother shall have the right to cease to make the Software available for download from any web site, and shall have the right to modify, move or delete the website from which you have downloaded the Software.
7.2 Brother may, acting in its sole discretion, provide advice and guidance to you about the function or usage of the Software but Brother shall not be obliged to provide such services.
7.3 You shall not export or re-export the Software or any copy or adaptation thereof in violation of any applicable laws or regulations.
7.4 You may, in your sole discretion, provide Brother with its suggestions, feedbacks or other technical information relating to the Software. You agree and acknowledge that such information will be provided voluntarily, and that Brother and Brother group companies may freely use such information at its sole discretion without any payment or compensation and without any other business or technical restrictions. Brother agrees not to disclose or divulge your name or other identification as the source of such information provided by you.
7.5 You shall not assign all or any part of this Agreement to any third party, or any interest therein, without prior written consent of Brother.  A change of control or reorganisation of you pursuant to a merger, sale of assets or stock shall be deemed to be an assignment under this Agreement. 
7.6 If any provisions of this Agreement shall be declared or determined as void or unenforceable by a court of competent jurisdiction, such provisions shall be severable and independent from the other provisions of this Agreement and the validity of the other provisions and of the entire Agreement shall not be affected thereby.
7.7 This Agreement, together with all exhibits or other attachments referenced herein, constitutes the entire agreement between the parties on the subject matter hereof, and supersedes all proposals, oral and written, between the parties on this subject.
7.8 Nothing contained in this Agreement shall be construed as constituting a partnership or joint enterprise between the parties hereto in any way or authorising either party hereto to act as agent or representative of the other party.
7.9 This Agreement is governed and controlled in all aspect in accordance with the Laws of Japan.  All disputes relating to or arising out of this Agreement which either of the parties considers cannot be resolved through amicable negotiation between the parties shall be brought to courts in Nagoya, Japan.
END OF BROTHER CUSTOM UI-DEVELOPMENT TOOL LICENCE AGREEMENT










License Agreement for Brother Custom UI-Deployment Tool (“Deployment Tool”)


IMPORTANT-PLEASE READ CAREFULLY:  This Licence Agreement (“Agreement”) is a legal agreement between Brother Industries, Ltd. (“Brother”) and you for Brother’s Custom User Interface Deployment Tool (the “Software”), data supplied with the Software and any printed materials provided with the Software (including user manuals). .  
Brother licenses use of the Software to you on the basis of this Agreement. The Software will be downloaded if you tick the box indicating agreement to the licence terms and conditions in the Dialog Box displaying this Agreement in the download area of Brother’s developer website.  The Software will be installed if you tick the box indicating agreement to the licence terms and conditions in the Dialog Box displaying this Agreement prior to clicking “Next” for installation.  Amendments and Supplements to this Agreement may be attached to the Software.  By pressing the "Yes" or "OK" button or signing this Agreement, and downloading or installing the Software in accordance with the above procedure, you shall be deemed to have agreed to be bound by the terms of this Agreement.  If you do not agree to the terms of this Agreement in accordance with the above procedure, Brother shall not license the installation, use, reproduction or distribution of the Software to you.
An individual who accepts or signs this Agreement on behalf of an entity represents to Brother that he or she has the legal right to enter into a binding legal agreement for that entity.
Terms and Conditions
1. Grant of Licence.
1.1 In consideration of you agreeing to abide by the terms of this Agreement, Brother hereby grants to you a worldwide, non-exclusive, non-transferable licence to use the Software until terminated in accordance with this Agreement.
1.2 You may:
1.2.1 install or store copies of the Software on one or multiple computer(s) at a single location and use such Software for the purpose of deploying a customised user interface of Brother printer and scanner machines at that location; 
1.2.2 transfer the Software from one computer to another at your single location;
1.2.3 make one copy of the Software for back-up purposes.
2 Restrictions
2.1 Except as expressly set out in this Agreement or as permitted by any local law, you undertake:
2.1.1 not to copy the Software, except where such copying is incidental to normal use of the Software or where it is necessary for the purpose of back-up or operational security;
2.1.2 not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software except as permitted by local laws;
2.1.3 to use the Software only for the purpose of deploying a customised user interface of a Brother printer or scanner machine;
2.1.4 keep all copies of the Software secure;
2.1.5 to include Brother’s copyright notice on all entire and partial copies of the Software;
2.1.6 not to provide or make available the Software in any form, in whole or in part (including, but not limited to, program listings, object and source program listings, object code and source code) to any person without prior written consent from us; 
2.1.7 not to use any trademarks or intellectual property belonging to Brother, including without limitation the “brother” trademarks in any customised user interface developed using the Software without prior written consent of Brother; and
2.1.8 not to use the Software by any communications network or by means of remote access.
3 Intellectual Property
3.1 You acknowledge that all intellectual property rights in the Software throughout the world belong to Brother, that rights in the Software are licensed (and not sold) to you, and that you have no intellectual property rights in, or to, the Software other than the right to use the Software in accordance with this Agreement.
3.2 You acknowledge that you have no right to have access to the Software in source code form other than as expressly provided in this Agreement.
4 No warranty
4.1 THE SOFTWARE AND ANY SUPPORT SERVICES RELATING THERETO WILL BE PROVIDED BY BROTHER ON AN "AS IS" BASIS.  BROTHER SPECIFICALLY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, ALL STATUTORY OR OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, TITLE OR FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OR ANY IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BROTHER SPECIFICALLY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET THE REQUIREMENTS OF YOU, ANY END-USER OR OTHER THIRD PARTY, OR THAT THEY WILL BE ACCURATE OR ERROR-FREE.  YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS, PERFORMANCE OR USE OF THE SOFTWARE.  BROTHER SHALL HAVE NO LIABILITY TO YOU, END-USERS OR OTHER THIRD PARTIES FOR DAMAGES RESULTING, OR ALLEGED TO HAVE RESULTED, FROM ANY ERROR OR OMISSION IN THE SOFTWARE, ANY CODES, DATA, OR DESIGNS SELECTED, DESIGNATED, TYPED, ALTERED, MODIFIED, DELETED, COMBINED, LOADED, SAVED OR OTHERWISE INPUTTED BY YOU, END-USERS, OR OTHER THIRD PARTIES, OR ANY ACTION TAKEN OR NOT TAKEN BASED ON, OR MATERIALS PREPARED FROM, THE LICENSED SOFTWARE. THE ABOVE WARRANTY TERMS DO NOT PURPORT TO LIMIT THE STATUTORY RIGHTS OF A CONSUMER.
5 Limitation of liability
5.1 BROTHER SHALL NOT BE LIABLE TO YOU, ITS END-USERS OR ANY OTHER ENTITY FOR ANY LOSS OF PROFITS OR INCOME OR SAVINGS, LOSS OF DATA, INTERRUPTION OF USE, OR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES INCURRED BY SUCH PARTY (WHETHER IN AN ACTION IN CONTRACT OR TORT), EVEN IF BROTHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING TO THE SOFTWARE, SUPPORT SERVICE OR THIS AGREEMENT.  THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
5.2 NOTWITHSTANDING THE SECTION 12 OR 13(A) HEREOF, THIS AGREEMENT DOES NOT PURPORT TO EXCLUDE OR RESTRICT BROTHER'S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE OR LIMIT THE STATUTORY RIGHTS OF A CONSUMER.
5.3 YOU SHALL INDEMNIFY AND HOLD BROTHER AND ITS AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, SUITS, ACTIONS OR PROCEEDINGS RESULTED FROM USE OR DISTRIBUTION OF CUSTOMISED INDIVIDUAL UI, AND REIMBURSE ANY AND ALL COSTS AND EXPENSES INCURRED BY BROTHER AND ITS AFFILIATES TO SETTLE OR DEFEND SUCH CLAIMS, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES.
6 Termination
6.1 Brother shall have the right to terminate this Agreement immediately by written notice to you if you commit a material breach of this Agreement which you fail to remedy upon request.  
6.2 Upon termination for any reason all rights granted to you under this Agreement shall cease, you shall cease all activities authorised by this Agreement and you shall immediately delete or remove the Software from all computer equipment in your possession and delete or destroy all copies of the Software in your possession. 
7 Miscellaneous terms
7.1 At any time and in its own discretion, Brother shall have the right to cease to make the Software available for download from any web site, and shall have the right to modify, move or delete the website from which you have downloaded the Software.
7.2 Brother may, acting in its sole discretion, provide advice and guidance to you about the function or usage of the Software but Brother shall not be obliged to provide such services.
7.3 You shall not export or re-export the Software or any copy or adaptation thereof in violation of any applicable laws or regulations.
7.4 You may, in your sole discretion, provide Brother with its suggestions, feedbacks or other technical information relating to the Software. You agree and acknowledge that such information will be provided voluntarily, and that Brother and Brother group companies may freely use such information at its sole discretion without any payment or compensation and without any other business or technical restrictions. Brother agrees not to disclose or divulge your name or other identification as the source of such information provided by you.
7.5 You shall not assign all or any part of this Agreement to any third party, or any interest therein, without prior written consent of Brother.  A change of control or reorganisation of you pursuant to a merger, sale of assets or stock shall be deemed to be an assignment under this Agreement. 
7.6 If any provisions of this Agreement shall be declared or determined as void or unenforceable by a court of competent jurisdiction, such provisions shall be severable and independent from the other provisions of this Agreement and the validity of the other provisions and of the entire Agreement shall not be affected thereby.
7.7 This Agreement, together with all exhibits or other attachments referenced herein, constitutes the entire agreement between the parties on the subject matter hereof, and supersedes all proposals, oral and written, between the parties on this subject.
7.8 Nothing contained in this Agreement shall be construed as constituting a partnership or joint enterprise between the parties hereto in any way or authorising either party hereto to act as agent or representative of the other party.
7.9 This Agreement is governed and controlled in all aspect in accordance with the Laws of Japan.  All disputes relating to or arising out of this Agreement which either of the parties considers cannot be resolved through amicable negotiation between the parties shall be brought to courts in Nagoya, Japan.
END OF BROTHER CUSTOM UI-DEPLOYMENT TOOL LICENCE AGREEMENT