PRECAUTIONS AND DISCLAIMERS
The following precautions apply to the software, installer and data (hereinafter referred to collectively as "the Software") provided by TAIYO YUDEN CO., LTD. (hereinafter referred to as "TAIYO YUDEN").
- You must agree with the Software License Agreement separately provided by TAIYO YUDEN before using the Software.
- The Software does not guarantee TAIYO YUDEN product characteristics.
- The characteristics data presented in the Software may differ from the data shown in catalogues or specifications. Note that the part characteristics may vary according to the installation environment or measurement conditions. The data contained in the Software should therefore be used as a reference for the actual product's characteristics. Should you have any questions about the displayed data, contact TAIYO YUDEN.
- It is your responsibility to test TAIYO YUDEN products before implementing them in your product without placing undue reliance on the Software. It is recommended that you request the delivery specifications containing more detailed characteristics and specifications for proper and safe use of TAIYO YUDEN products. Contact your nearest TAIYO YUDEN sales office to request the delivery specifications.
- The Software is subject to addition, deletion or change without prior notice. Check the latest information before using it.
- With the use of the Software, TAIYO YUDEN does not make any warranty, transfer or grant any license for its and any third party's intellectual property rights or any other right.
- TAIYO YUDEN does not make any warranty for the Software, whether expressed or implied, including the functionality, completeness, accuracy (defect-free), fitness for any particular purpose, non-existence of bugs, and non-inclusion of computer viruses or other harmful matter.
- TAIYO YUDEN will not be responsible for any damage (including infringement of third party rights) caused by installation of the Software. TAIYO YUDEN also will not be responsible for any damage caused by downloading the Software.
- Reproduction of all or part of the Software without written consent of TAIYO YUDEN is prohibited.
SOFTWARE LICENSE AGREEMENT
TAIYO YUDEN CO., LTD. (hereinafter referred to as "TAIYO YUDEN") grants you license to use the installed software provided via downloading or other method ("the Software") in accordance with the terms below. You must agree to this Software License Agreement without reservation before using the Software. You shall not use the Software without agreeing to the Software License Agreement. By starting use of the Software, you("the Licensee") agree to be bound by the terms and conditions of the Software License Agreement.
- Grant of License
- TAIYO YUDEN grants to the Licensee a non-exclusive license to use the Software in accordance with the Software License Agreement.
- The Licensee may create a copy of the Software only for the purpose of backup or storage.
- In the case where the Licensee has created a copy, the Licensee shall display (i) the Software License Agreement, and (ii）the copyright, other property rights and disclaimer indications in the same manner as the original Software on any reproductions.
- Possession of Rights
All intellectual property rights (including copyrights, patents, trademarks, know-how, and trade secrets) related to the Software belong to TAIYO YUDEN or its Licenser.
The Licensee shall not disclose or divulge any portion of the Software to a third party.
- The Licensee shall not perform any actions on the Software other than those granted in section 1 of the Software License Agreement.
- The Licensee shall not perform the following actions on the Software.
- Any alteration or change
- Disassembling, decompiling, or any other reverse-engineering
- Assigning, transferring, selling, lending, or any other disposition to a third party
- Sublicensing, or any action to allow use by a third party.
- In cases where the Licensee cause damage to TAIYO YUDEN by breaching section 3, 4.1, and/or 4.2, you shall be responsible for indemnifying the damage.
- TAIYO YUDEN does not make any warranty for the Software (including its proper operation), whether expressed or implied, including merchantability, fitness for any particular purpose, non-existence of bugs or viruses, or infringement of third party rights.
- TAIYO YUDEN shall not be responsible for damage (including PC or any hardware failure, loss, extinguishment, or unintended leakage of data, images, music or any other information), controversy with or claim for damages made by a third party, arising from or related to downloading or using the Software, regardless of the cause or type of damage.
- TAIYO YUDEN shall not provide any servicing or support for the Software.
- License Period
- The Software License Agreement shall come into effect on the day when the Software is downloaded or installed on the Licensee's hardware, and is terminated when the Licensee stop using it.
- TAIYO YUDEN may terminate the Software License Agreement immediately without notification or prior notice when the Licensee breach any term of the Software License Agreement or infringe TAIYO YUDEN's copyright or any other rights. In this case, TAIYO YUDEN may claim for damages caused by the Licensee's breach.
- Upon termination of the Software License Agreement, the Licensee shall promptly destroy the Software installed on the Licensee's hardware.
- Product information in the software, installer and data (hereinafter referred to collectively as "the Software") is as of downloaded day. All of the contents specified herein are subject to change without notice due to technical improvements, etc. Therefore, please check for the latest information carefully before practical application or usage of the products of TAIYO YUDEN CO., LTD (hereinafter referred to as "TAIYO YUDEN"). Please note that TAIYO YUDEN shall not be responsible for any defects in products or equipment incorporating such products, which are caused under the conditions other than those specified in this software or individual specification.
- Please contact TAIYO YUDEN for further details of product specifications as the individual specification is available.
- Please conduct validation and verification of TAIYO YUDEN's products in actual condition of mounting and operating environment before commercial shipment of the equipment.
- All electronic components or functional modules listed in the Software are developed, designed and intended for use in general electronics equipment (including, but not limited to, for AV equipment, office automation equipment, home electric appliances, office equipment, information and communication equipment, without limitation mobile phone or PC). Before incorporating the TAIYO YUDEN's components or devices into any equipment in the field such as transportation equipment (including, but not limited to, automotive powertrain control system, train control system and ship control system), traffic signal equipment, disaster prevention equipment, medical equipment, highly public information network equipment (including, but not limited to, telephone exchange, base station) etc. which may have direct influence to harm or injure a human body, please contact TAIYO YUDEN in advance for more detail. Do not incorporate the TAIYO YUDEN's products into any equipment requiring high levels of safety and/or reliability (including, but not limited to, aerospace equipment, aviation equipment, nuclear control equipment, undersea equipment, military equipment). When TAIYO YUDEN's products are used even for high safety and/or reliability-required devices or circuits of general electronic equipment, it is strongly recommended to perform a thorough safety evaluation prior to use of TAIYO YUDEN's products and to install a protection circuit as necessary.
- The contents of the Software are applicable to TAIYO YUDEN's products which are purchased from our sales offices or authorized distributors (so called "TAIYO YUDEN's official sales channel"). It is only applicable to TAIYO YUDEN's products purchased from any of TAIYO YUDEN's official sales channel.
- Please note that TAIYO YUDEN shall have no responsibility for any controversies or disputes that may occur in connection with a third party's intellectual property rights and other related rights arising from your usage of products in the Software. TAIYO YUDEN grants no license for such rights.
- Caution for export
Certain items in the Software may require specific procedures for export according to "Foreign Exchange and Foreign Trade Control Law" of Japan, "U.S. Export Administration Regulations" and other applicable regulations. Should you have any question or inquiry on this matter, please contact our sales staff.