DIF PORTAL ACCESS AND LICENSING AGREEMENT
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE USING THE DIF PORTAL
This agreement (Agreement) is a legal agreement between you (Licensee or you) and NT-WARE of Systemprogrammierung GmbH, Niedersachsenstrasse 6, D-49186 Bad Iburg, Germany (Licensor or we) and governs the access and use of the DIF Portal, and any software, information and data associated with it and any online or electronic documentation. In the event you access and use the DIF Portal on behalf of a third person (for example, your customer) then this Agreement shall be binding on such third person and you are responsible for ensuring that the terms and conditions of this Agreement are made known to and complied by such third person. The acronym DIF stands for Device Information File and contains information about a device stored into one single file, such as CPCA and SNMP information, PostScript Commands, Raster Data and General Capabilities information.
BY DOWNLOADING ANY INFORMATION FROM THE DIF PORTAL BELOW YOU AGREE TO THE TERMS OF THIS AGREEMENT WHICH WILL BIND YOU (AND ANY THIRD PARTIES ON BEHALF OF WHOM YOU MAY ACCESS THE DIF PORTAL) AND YOUR (AND ANY THIRD PARTIES ON BEHALF OF WHOM YOU MAY ACCESS THE DIF PORTAL) EMPLOYEES
It is hereby agreed as follows:
The Licensor has established the DIF Portal to enable users of printing devices to use their printing devices with the software of NT-ware. The Licensee desires to access the DIF Portal for its own (or its customer) internal business purposes (Purpose).
Access and use of the DIF Portal is free of charge but strictly subject to the terms and conditions of this Agreement
1. Licence
In consideration of you agreeing to abide by the terms of this Agreement the Licensor hereby grants to you a non-exclusive, non-transferable licence to access the DIF Portal and download any information necessary for the Purpose subject to the terms of this Agreement. If you are a corporate user, the rights of access and use (and related obligations) set out in this Agreement extend to your employees who have a need to access the DIF Portal for the Purpose. This licence shall continue until the Agreement is terminated. 2. Ownership
You acknowledge that all intellectual property rights in the DIF Portal (including but not limited to any trademarks) and relevant documentation (if any) throughout the world belong, as between you and the Licensor, to the Licensor. Save as expressly set out below you have no other rights in, or to, the DIF Portal. 3. Access and Use of DIF Portal and DIF Creator
Licensee is authorized to access the DIF Portal for the Purpose. Licensee shall not use the DIF Portal for any other purpose except as expressly authorized herein.
In accessing the DIF Portal and downloading certain information, you acknowledge, agree, and undertake that, the information you may download from the DIF Portal may have been provided by third parties and that the Licensor has not checked nor is able to check the accuracy, completeness or usefulness of such information. You are the sole responsible to ensure that the information is correct and suitable for the Purpose and your requirements. You further acknowledge, agree and undertake that in using the information you do not violate any third party rights.
Furthermore, except as expressly set out in this Agreement, you acknowledge, agree and undertake not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify any information downloaded through the DIF Portal. 4. Indemnification
In the event the Licensee breaches any provision of clause 3 above, then, without prejudice to the Licensor's other rights and remedies, Licensee shall indemnify and hold harmless the Licensor against all damages and losses arising out of or in connection with any claim, action, or other proceedings arising from a Licensee's breach whether such breach is deliberate or not and whether is based on tort, warranty, contract or otherwise.
5. Warranties and Licensor's Limitations of Liability 18
THE LICENSEE ACKNOWLEDGES THAT DUE TO THE FREE ACCESS TO THE DIF PORTAL AND FREE USE OF THE INFORMATION, IT IS REASONABLE FOR THE LICENSOR TO THE FULLEST EXTENT PERMITTED BY LAW TO DISCLAIM AND EXCLUDE ALL LIABILITY INCLUDING ANY AND ALL DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST BUSINESS PROFITS, LOSS OF USE OR GOODWILL THAT MAY ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE DIF PORTAL OR THE INFORMATION DOWNLOADED THROUGH DIF PORTAL, REGARDLESS OF WHETHER SUCH DAMAGES OR LOSSES ARE FORESEEABLE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR NOT, OR WHETHER SUCH DAMAGES ARE BASED ON TORT, BREACH OF WARRANTY OR CONTRACT.
THE LICENSEE FURTHER ACKNOWLEDGES THAT ACCESS TO AND AVAILABILITY OF THE DIF PORTAL AND USE OF THE INFORMATION PROVIDED THEREIN IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES WHATOSEVER WHETHER EXPRESSED OR IMPLIED AND THAT ACCESS TO THE DIF PORTAL MAY BE INTERRUPTED OR TERMINATED AT ANY TIME.
7. Governing Law
This Agreement shall be governed by the German laws and the German court of the state of Dusseldorf shall have non exclusive jurisdiction to hear any disputes arising out of or in connection with the terms or the subject matter of this Agreement.
8. Termination
This Agreement and access to the DIF Portal or use of the information may be terminated by the Licensor at any time upon written notice to the Licensee.
9. Declaration of Consent
I grant NT-ware and any Canon Group company copyright and use of my photographic images in relation to the DIF generated by me to be used by or for NT-ware and any Canon Group company on the DIF portal, and give permission to identify me by name, function title, organization (if applicable) and/or user name in relation to the DIF generated by me. I hereby realize and accept that I am participating on a voluntary basis and will not receive financial compensation from NT-ware or any firm publishing and/or distributing the DIF generated my me.
10. General
This Agreement states the entire agreement of the parties. In case any one or more of the provisions contained in this Agreement shall be held by a competent court under any applicable statute or rule of law to be invalid, illegal, or unenforceable in any respect, then such provisions shall be deemed inoperative to the extent that they are invalid, illegal, or unenforceable, and the remainder of this Agreement shall continue in full force and effect. The parties hereto agree to replace any invalid, illegal, or unenforceable provision with a new provision that has the most nearly similar permissible economic effect.