End-User License Agreement for Brother Software IMPORTANT- PLEASE READ CAREFULLY

: This End-User License Agreement ("EULA") is a legal agreement between you and
Brother Industries, Ltd. ("Brother"), which governs your use of the Brother soft
ware that will be installed if you press the "Yes" button on this Dialog Box ("S
OFTWARE"). By pressing "Yes", you agree to be legally bound by the terms of thi
s EULA. If you do not agree to the terms of this EULA, you obtain no license to
the SOFTWARE. In such case, you may not use the SOFTWARE.
Terms and Conditions.
1. Ownership.
All right, title and interest in and to the SOFTWARE (including all copyright an
d other intellectual property rights therein) and the materials associated there
with ("Documentation") are owned by Brother or its suppliers. The SOFTWARE is l
icensed but not sold.
2. Grant of License.
2.1 Brother grants you a non-exclusive license to install and use the copy of th
e SOFTWARE on your computer, to the extent necessary for intended use of Brother
's products (including, but not limited to printers and multi-functional product
s) for which such SOFTWARE will be used ("Products").
2.2 Brother further grants you a license to make one copy only of the SOFTWARE s
olely for archival and back-up purposes. Any such copy shall also reproduce all
copyright and intellectual property right notices from the original.
2.3 Other than as expressly permitted by Sections 2.1 and 2.2 above, or where yo
u have a right at law to do so (and such right cannot lawfully be excluded) you
may not (i) make any copies of the SOFTWARE or Documentation (ii) modify the SOF
TWARE or Documentation (iii) reverse engineer, disassemble, decompile or use the
SOFTWARE or Documentation to create any derivative work, or (iv) rent sub-licen
se, transfer (other than in accordance with Section 3) or lease the SOFTWARE..
3. Transfer.
You may permanently transfer the SOFTWARE to any person, provided that when you
transfer the SOFTWARE, you must also transfer and deliver to such person any upg
rades and all Documentation provided to you by or on behalf of Brother and, prov
ided also that such person confirms to Brother its acceptance of this EULA with
respect to such Software and Documentation. Notwithstanding the foregoing, you
must not deliver to such person any copy of the SOFTWARE made by you in accordan
ce with Section 2.2. Upon transfer, you must erase all copies of the SOFTWARE m
ade by you and/or which are contained on any computer within your possession or
under your control. The warranty is not transferable.
4. Limited Warranty.
4.1 Except prohibited or restricted by any applicable laws and regulations, Brot
her warrants to the first end-user that licenses the SOFTWARE that the SOFTWARE
will perform substantially in accordance with its specification as defined by Br
other and the storage media upon which such SOFTWARE is stored ("Media") will be
free from defects in materials and workmanship for: a) the warranty period appl
icable for the Product commencing on the date you first received the SOFTWARE in
normal conditions, or, in case of expiration of such warranty period applicable
for the Product, b) for the period of one (1) year from the date you first rece
ived the SOFTWARE in normal conditions (collectively, "Warranty").

4.2 The replacement of the Media bearing SOFTWARE by Brother pursuant to Section
4.1 is Brother's entire liability and your sole and exclusive remedy with respe
ct to this Warranty and the failure of the SOFTWARE or Media.
4.3 You will be ineligible to make a claim under this Warranty where any defect
in or failure of the SOFTWARE or Media is caused by (i) an accident, loss or dam
age to the Media or the system into which the SOFTWARE is stored, (ii) improper
or inadequate maintenance or calibration, (iii) connection or merger with any so
ftware, apparatus or other material not supplied by Brother, or (iv) modificatio
n or alteration to the SOFTWARE or Media by you or anyone else.
4.4 No warranties or conditions either express or implied statutory or otherwise
as to condition quality or performance including but not limited to warranties
as to satisfactory quality or fitness for purpose of the SOFTWARE and/or Media (
or with respect to non-infringement of any rights of any third party) are given
or assumed by Brother other than as set out in Section 4.1 and all such warranti
es and conditions are hereby expressly excluded except to the extent that such e
xclusion is prohibited by law. Without limitation to the generality of the fore
going, Brother does not warrant that the SOFTWARE will be error free or that it
will operate without interruption or will meet your requirements. The Warranty
provided as written is the only warranty given by Brother for this SOFTWARE and
Media.
5. Exclusion and Limitation of Liability.
5.1 Brother shall have no liability in contract, tort (including negligence or b
reach of statutory duty) or otherwise for any interruption of use, loss of data,
or for any indirect, incidental, punitive or consequential loss or damage, or f
or any loss of profit, revenue, data, goodwill or anticipated savings that arise
s under, out of, or in contemplation of this EULA or otherwise arises due to any
error, inaccuracy or defect in the SOFTWARE and/or Media even if Brother has be
en advised of the possibility of such loss or damage.
5.2 Brother's liability for all loss or damage (except for loss and damage valid
ly excluded by Section 5.1) shall be limited to the price that you paid to licen
se this SOFTWARE.
5.3 For the avoidance of doubt nothing herein contained shall be deemed to exclu
de or restrict Brother's liability for death or personal injury arising due to B
rother's negligence. Because some states do not allow the exclusion or limitati
on of certain damages, the above limitation(s) may not (in part) apply to you.
6. Term and Termination
This Agreement will become effective upon your acceptance and shall continue in
effect unless you transfer the SOFTWARE in accordance with the EULA and the tran
sferee undertakes to Brother to be bound by this EULA with respect to the SOFTWA
RE.
However, Brother may terminate this EULA without notice if you breach any of its
provisions.
7. Export Regulations.
You may not export or re-export the SOFTWARE or any copy or adaptation thereof i
n violation of any applicable laws or regulations.
8. Governing Laws.

This EULA is governed by the laws of Japan and Japanese Courts shall have exclus
ive jurisdiction with respect to this EULA except with regard to enforcement in
which case the jurisdiction of the Japanese Courts shall be non-exclusive.
9. Illegality.
If any of the provisions of this EULA shall be declared illegal or unenforceable
in whole or in part, such provisions shall be severable and independent from th
e other provisions of this EULA, and the validity of the other provisions and of
the entire EULA shall not be affected.
10. Third Party Rights.
The provisions of this EULA are intended only to have effect between Brother and
yourself and are not intended to confer any benefit or right of enforcement upo
n any other person.
11. Personal License.
The rights granted by Brother hereunder are personal to you and you shall not be
permitted to assign, transfer, novate or otherwise make over to any third party
the Software (or the Documentation) or the benefit or burden of this EULA or an
y of the rights granted hereunder other than as expressly permitted by Section 3
.