GazoPa Similar Image Search 0.13

End-User License Agreement

GazoPa Similar Image Search requires that you accept the following End-User License Agreement before installation can proceed:

END-USER LICENSE AGREEMENT

YOU MUST READ THIS END-USER LICENSE AGREEMENT (THIS “AGREEMENT”) AND THE TERMS OF SERVICE RELATING TO THE GAZOPA SERVICE, WHICH ARE ACCESSIBLE AT www.gazopa.com/terms_of_service (THE “TERMS OF SERVICE”), BEFORE USING THE ACCOMPANYING SOFTWARE (THE “SOFTWARE”) AND ACCESSING THE GAZOPA SERVICE WITH THE SOFTWARE. BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE SOFTWARE YOU ACKNOWLEDGE YOU HAVE READ THIS AGREEMENT AND THE TERMS OF SERVICE, THAT YOU UNDERSTAND THEM, AND THAT YOU AGREE TO BE BOUND BY THEIR TERMS. IF YOU DO NOT AGREE TO THIS AGREEMENT AND THE TERMS OF SERVICE, YOU MAY NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE SOFTWARE OR THE GAZOPA SERVICE. IF THERE IS ANY INCONSISTENCY BETWEEN THIS AGREEMENT AND THE TERMS OF SERVICE, THIS AGREEMENT WILL BE THE CONTROLLING DOCUMENT.

1. License Grant. Hitachi America, Ltd. (“Hitachi”) hereby grants you a personal, non-transferable and non-exclusive license to use the Software, and any documentation or electronic instructions accompanying the Software (the “Documentation”), solely for use in connection with your use of the GazoPa Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the GazoPa Service as provided by Hitachi, in the manner permitted by the Terms of Service.
You obtain no title or ownership in any Software or Documentation, nor do you obtain any right to sublicense the Software. The Software may be used only as provided in either machine-readable object code form or machine-compressed form. You may install the Software on a single computer or portable device only, as applicable. You may make a single copy of the Software for backup and archival purposes only and all Software copies you make must contain all proprietary notices included in the original. You may use the Documentation only in printed or electronic form to assist in your use of the Software, but you may not make additional copies of the Documentation.

2. Use Restrictions. Except to the extent these restrictions are prohibited by applicable law or prohibited by the terms of any Open Source License, you must not, and must not allow any other person to: (a) use the Software to conduct comparative or competitive analyses, including benchmarking; (b) reverse engineer, decompile, reverse compile, reduce in human readable form or otherwise access the source code of the Software; (c) sublicense, rent, lease, modify, enhance, supplement, create derivative works from the Software; (d) copy the Software other than as expressly allowed; (e) remove or otherwise tamper with any proprietary notices contained on or in the Software; or (f) use or permit the Software to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without Hitachi’s express written authorization.
3. Software Transfers Unless Hitachi has given you specific written permission to do so, you may not copy, transfer, transmit, sublicense or assign your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
4. Warranty Disclaimers, Limitations on Liability and Remedies. THE SOFTWARE AND DOCUMENTATION IS PROVIDED ON AN "AS IS" BASIS AND IS USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. HITACHI DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, OF ANY KIND REGARDING SOFTWARE AND DOCUMENTATION, INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ANY WARRANTIES THAT BY LAW SURVIVE THE FOREGOING DISCLAIMERS SHALL TERMINATE NINETY (90) DAYS FROM THE DATE YOU RECEIVED THE SOFTWARE.
The entire risk as to the quality and performance of the Software and the Documentation is with you. Should the Software or the Documentation prove defective, you (and not Hitachi or its distributors, licensors or dealers) assume the entire cost of all necessary servicing or repair. Hitachi does not warrant that the functions contained in the Software will meet your requirements or operate in the combination that you may select for use, that the operation of the Software will be uninterrupted or error free, or that defects in the Software will be corrected. No oral or written statement by Hitachi or by a representative of Hitachi shall create any warranty.

HITACHI WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES AND LOST PROFITS, IN CONNECTION WITH USE OF THE SOFTWARE, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HITACHI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF HITACHI WILL BE LIMITED TO, IN THE SOLE DISCRETION OF HITACHI, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE SOFTWARE; OR (2) REFUND OF ANY FEES FOR THE SOFTWARE AND THE GAZOPA SERVICE RECEIVED BY HITACHI FROM YOU, IF ANY.

5. Ownership and Licenses Hitachi and its licensors own all copyrights, trademarks, designs, patents, know-how, trade secrets, trade, business or company names, domain names and related registration rights and all other intellectual property rights in the Software and Documentation, including any modifications (“Hitachi IP”). Hitachi IP is protected by U.S. and international copyright laws and other intellectual property laws. You only are granted license rights in the Software, as expressly stated in this Agreement. You must not do anything to jeopardize Hitachi’s or Hitachi’s licensors’ rights in the Hitachi IP including, but not limited to: (i) copying, modifying, merging, or transmitting Hitachi IP; (ii) deleting or tampering with any proprietary notices on or in the Hitachi IP; (iii) taking any action that diminishes the value of any trademarks included in the Hitachi IP; or (iv) using the Software or Documentation in violation of applicable law. These restrictions are in addition to those stated in Article 2.
6. Termination of Licenses. Your license to use the Software will terminate: (i) when that Software is replaced with any upgrade, revision or replacement Software; (ii) when the license term ends, if any is expressly stated; (iii) if you are in breach of this Agreement; or (iv) when Hitachi ceases to provide the GazoPa services. Furthermore, you may terminate this Agreement at any time by destroying all copies of the Software and Documentation. All obligations of confidentiality and restrictions on use, and all other provisions that may reasonably be interpreted to survive termination of this Agreement, will survive termination of this Agreement for any reason.
7. U.S. Government Restricted Rights. If you are a U.S. Government user, then the Software and Documentation (i) are provided with “RESTRICTED RIGHTS” and the use, duplication or disclosure of the Software and Documentation is subject to the restrictions set forth in subparagraphs (c)(1) and (c)(2) of the Commercial Computer Software-Restricted Rights (Jun 1987) clause at FAR 52.227-19 and (ii) are provided with “LIMITED RIGHTS” and the use, duplication and disclosure of the Software and Documentation is subject to the restrictions set forth in subparagraphs (a)(13) and (b)(3) of the Rights in Technical Data-Noncommercial Items (Nov 1995) clause at DFARS 252.227-7013, as applicable. Unpublished-rights reserved under the Copyright Laws of the United States. Manufacturer is Hitachi, America, Ltd., GazoPa Project, 50 Prospect Avenue, Tarrytown, NY 10591.
8. Export Control Laws. You agree to comply with all laws, rules and regulations applicable to the export of the Software or the Documentation. Specifically, you shall not export, re-export or transship the Software or the Documentation, or the direct product thereof, in violation of any United States or other laws and regulations which may from time to time be applicable. None of the Software, Documentation or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, Serbia, Montenegro, North Korea, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Order. By using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
9. High Risk Activities. The Software is not fault-tolerant and is not designed, manufactured or intended for use 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 directly to death, personal injury, or severe physical or environmental damage. Hitachi specifically disclaims any express or implied warranty of fitness for any high risk uses listed above.
10. Applicable Law and Forum. With respect to any and all disputes arising out of or in connection with this Agreement, Hitachi and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another to achieve a mutually satisfactory resolution. Hitachi has no obligation to become involved in any dispute between you and any other person. This Agreement and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the state of New York, U.S.A., without regard to its conflict of law principles. Hitachi and you agree that all disputes arising in connection with this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in New York, New York, or another forum mutually agreed upon by Hitachi and you, pursuant to the Commercial Arbitration Rules (“Rules”) of the AAA by a sole arbitrator nominated by agreement of Hitachi and you and confirmed in accordance with the Rules. If AAA is not hearing consumer commercial disputes at the time, Hitachi may select another arbitral body in its sole discretion. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Hitachi is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce this Agreement and any of the Terms of Service pending a final arbitral decision.
11. Entire Agreement. This Agreement and the Terms of Service (including the Privacy Policy incorporated therein) constitute the complete agreement between Hitachi and you with respect to your use of the Software and the GazoPa Service, and supersede all prior agreements, oral or written, with respect to the subject matter of this Agreement and the Terms of Service.

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