This license is effective until terminated by TTEC or upon your failure to comply with any term of this License Agreement. Upon termination, you agree to destroy all copies of Software. You may terminate this license at any time by destroying Software and all copies.
DISCLAIMER OF WARRANTY:
Software is provided "AS IS" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. TTEC disclaims any warranty relating to the quality and performance of Software. If Software proves defective, You (and not TTEC) shall be responsible for the entire cost of all necessary servicing, repair or correction. TTEC does not warrant that the functions contained in Software will meet your requirements or that the operation of Software will be uninterrupted or error free.
UPDATE AND DISCONTINUE
TTEC may update, upgrade and discontinue Software without any restriction.
THIRD PARTY SOFTWARE
There are cases in which third party software is contained in Software (including future updated and upgraded versions). Such third party software is provided to you on different terms from those of this License Agreement, in the form of term stated in the License Agreement with the suppliers or the readme files (or files similar to readme files) separately from this License Agreement ("Separate Agreements, etc."). When you use the third party software, you must comply with the term of the third party software stated in the Separate Agreements, etc. Except the term of the third party software, you must comply with the term stated in this License Agreement.
LIMITATION OF LIABILITY:
IN NO EVENT WILL TTEC BE LIABLE TO YOU FOR ANY DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE (except personal injury or death resulting from negligence on the part of TTEC), INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST SAVINGS OR OTHER INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SOFTWARE, EVEN IF TTEC OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR FOR THIRD PARTY CLAIMS.
U.S. GOVERNMENT RESTRICTED RIGHTS:
The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions set forth in subdivision (b)(3)(ii) or (c)(i)(ii)of the Rights in Technical Data and Computer Software Clause set forth in 252.227-7013, or 52.227-19 (c)(2) of the DOD FAR, as appropriate.
You may not sublicense, lease, rent, assign or transfer this license or Software. Any attempt to sublicense, lease, rent, assign or transfer any of the rights, duties or obligations hereunder is void. You agree that you do not intend to, and will not ship, transmit, export or re-export (directly or indirectly) Software, including any copies of Software, or any technical information contained in Software or its media, or any direct product thereof, to any country or destination prohibited by government of Japan, the United States and the relevant country. This license shall be governed by the laws of Japan or, at the election of a Supplier of TTEC concerned with a dispute arising from or relating to this Agreement, the laws of the Country designated from time to time by the relevant Supplier of TTEC. If any provision or portion of this License Agreement shall be found to be illegal, invalid or unenforceable, the remaining provisions or portions shall remain in full force and effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND THAT YOU UNDERSTAND ITS PROVISIONS. YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS LICENSE AGREEMENT CONTAINS THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN YOU AND TTEC AND ITS SUPPLIERS AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, OR ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT.
Contractor/Manufacturer is TOSHIBA TEC Corporation, 1-11-1, Osaki, Shinagawa-ku, Tokyo, 141-8562, Japan