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") for the software (including documentation, such as provided manuals, Help and README files; "SOFTWARE") installed when the customer clicks the button (or selects the check box, etc.) for “Accept”, “Agree” or “Yes” in this dialog box to agree to the contents of the agreement described below under Terms and Conditions. By pressing the button or checking a box which indicates your intention of consent, you agree to be legally bound by the terms of this 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 but not limited to any programs incorporated in the SOFTWARE and/or any contents contained in the SOFTWARE such as documents, images, pictures, movies) are owned by Brother or its suppliers. You acknowledge and agree that all copyrights and intellectual property rights in and to the SOFTWARE is licensed, and not sold, transferred or otherwise assigned to you in its whole or parts. 2. Grant of License. 2.1 Brother grants you a non-exclusive license to install and use the copy of the SOFTWARE on your computer or hardware such as storage device, to the extent necessary for intended use of Brother's products for which such SOFTWARE will be used ("Products"). 2.2 Brother further grants you a license to make one copy only of the SOFTWARE solely 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 you 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 (ii) modify or alter the SOFTWARE in whole or part; or (iii) reverse engineer, disassemble, decompile or use the SOFTWARE to create any derivative work. 2.4 With respect to your use of the SOFTWARE, you agree and undertake: (i) to keep all copies of the SOFTWARE secure and to maintain accurate and up-to-date records of the number and locations of all copies of the SOFTWARE; (ii) where you are a business entity, to supervise and control use of the SOFTWARE and ensure that the SOFTWARE is used by your employees and representatives in accordance with the terms of this EULA; (iii) to comply with the Section 2,1, 2.2 and 2.3 above when you provide or otherwise make available the SOFTWARE in any form, in whole or in part (including, but not limited to, contents, programs, object code and source code and their program listings) to any person; and (iv) in no event shall Brother be liable for your alterations to, or modifications of, the whole or any part of the SOFTWARE to be combined with, or become incorporated in, any program other than designated by Brother. You shall take all responsibility for your alternations or modifications and their results. 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 all items provided to you by or on behalf of Brother (if the SOFTWARE is an upgrade or update version, all previous versions possessed by you should be included) and, provided also that such person confirms to Brother its acceptance of this EULA with respect to such SOFTWARE. Notwithstanding the foregoing, you must not deliver to such person any copy of the SOFTWARE made by you in accordance with Section 2.2. Upon transfer, you must erase all copies of the SOFTWARE made by you and/or which are contained on any computer or hardware within your possession or under your control. The Warranty (as defined in Section 4.1) is not transferable. 4. Limited Warranty. 4.1 Except as prohibited or restricted by any applicable laws and regulations, Brother warrants that the SOFTWARE will perform substantially in accordance with its specification as defined by Brother for the period of one (1) year from the date you first received the SOFTWARE in normal conditions ("Warranty"). In case Brother receives your notice that the SOFTWARE does not substantially perform in accordance with specifications thereof (“Defect”) and confirms that such Defect re-enacts in Brother’s environment as well, Brother will, at its sole option, provide you the hard copy (such as CD-ROM) of the SOFTWARE or offer downloading service of the SOFTWARE through the internet. 4.2 Your sole and exclusive remedy with respect to your use and occurrence of Defects of the SOFTWARE are as provided in Section 4.1 and Brother hereby disclaims any warranties, liabilities or guarantees of any kind other than provided in such Section 4.1. 4.3 You will be ineligible to make a claim under this Warranty where any Defect of the SOFTWARE is caused by (i) improper or inadequate handling, maintenance or calibration, (ii) connection, merger, or combination with or incorporation into any software, apparatus or other material not supplied by Brother, or (iii) modification or alteration to the SOFTWARE by you or anyone else. 5. Limitation of Liability. BROTHER EXPRESSLY OR IMPLIEDLY DISCLAIMS ANY OTHER LIABILITY THAN AS SET FORTH IN ARTICLE 4 OF THIS EULA, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, ERROR-FREE AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE. FURTHER, BROTHER HAS NO OBLIGATION TO PROVIDE UPGRADE OR UPDATE. IN NO EVENT SHALL BROTHER BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, EVEN IF BROTHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS LICENCE SHALL LIMIT OR EXCLUDE OUR LIABILITY OR OBLIGATION THAT CANNOT BE EXCLUDED BY APPLICABLE LAWS. 6. Term and Termination. This EULA will become effective upon your acceptance and shall continue in effect unless you transfer the SOFTWARE in accordance with this EULA and the transferee undertakes to Brother to be bound by this EULA with respect to the SOFTWARE. However, Brother may terminate this EULA with advance notice if you breach any of its provisions. 7. Export Regulations. You may not use or otherwise export or re-export the SOFTWARE except as authorized by United States law and the laws of the jurisdiction(s) in which the SOFTWARE was obtained. In particular, but without limitation, SOFTWARE may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List or any other restricted party lists. By using the SOFTWARE, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the SOFTWARE for any purposes prohibited by United States law and the laws of the jurisdiction(s) in which the SOFTWARE was obtained, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. 8. Governing Laws. Except otherwise provided in this EULA or to the extent provided in the applicable laws and rules, this EULA is governed and controlled under the jurisdiction of the laws of Japan . 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 the other provisions of this EULA and the validity of the other provisions and of the entire EULA shall not be affected. 9．Priority to Other Terms and Conditions. In the event you have agreed to or accepted with any terms and conditions offered by Brother or any third party licensor ("Optional Terms") with respect to use of the Software subject to this EULA, such Optional Terms shall prevail in all respects to the extent of any conflict with terms and conditions set forth in this EULA, and non-existence of applicable or corresponding terms in this EULA. 10. Supplementary Conditions. 1) Firewall Setting. You agree and understand that you may need to change the setting of some ports in your firewall and allow network connection in the process of installing the SOFTWARE for your use of its network function. Such change of setting is not mandatory and should be done absolutely at your sole option, provided that, you acknowledge that when you proceed with the installation of the SOFTWARE without such change of setting, there may be the case you may not properly use the Products or the SOFTWARE. 2) Cost, charge incurred for your use of the SOFTWARE. You agree and understand that service(s) available by the SOFTWARE may be provided through any network communication and any cloud server as operated by Brother (“Server”), and therefore, during the course of your using this SOFTWARE, any communication charge due to utilization of such network and Server will occur, and you shall bear such charge. In addition to the above charge, you are solely responsible for any costs or expenses incurred by you in connection with your use of the SOFTWARE. In no event shall Brother reimburse you for any above charge, costs or expenses. 3) Third-Party Services. As a part of the service(s) available by the SOFTWARE, you may utilize third party services and applications (including but not limited to cloud storage services) ("Third- Party Services") you desire to use with this SOFTWARE at your discretion. In this case, Brother shall not be construed in any way that it has a responsibility to secure such volume or space to store your files and data, even if you do not have enough volume or space when you attempt to transfer your files and data to or from the Third- Party Services. Furthermore, Brother shall not be liable for any errors, losses and damages incurred to you and your properties, whether visible or invisible, arisen by connection of the SOFTWARE with the Third-Party Services, including but not limited to losses or damages caused to files and data i) when you have attempted to upload or transfer those items to or from the Third-Party Services or ii) resulting from the ending or specification changes of the Third-Party Services, the loss or damages to the personal information you may provide to such third parties, or any errors or damages caused to your computers, hardware devices, or other software you use. 4) Third-Party Software. The SOFTWARE may contain third-party software and/or Open-source software programs (collectively, “Third-Party Software”). As for details of the Third-Party Software such as name and terms of use, please refer to the terms and conditions separately defined. Privacy Policy This Privacy Policy applies to the customer and Brother Industries, Ltd. ("Brother") and relates to the use of software (including documentation, such as provided manuals, Help and README files; "SOFTWARE") to be installed. 1. Acquisition of Device Information, Etc., and Privacy Protection After installation of this SOFTWARE, via the devices ("connected devices") to which the customer connects directly from a Brother product or to which a connection is established when a Brother product is used, information concerning the Brother product and the connected devices with which the customer uses this SOFTWARE may be sent to the Brother Server. This information includes, but is not limited to, product model, locale ID (country/region information), and application and operating system information. In addition to these, information such as the date when the customer printed a paper, label or other printable media (collectively, "paper, etc."), the number of pages printed, template used, type of paper, etc., as well as the color and printed length will also be sent to the Brother Server. The information ("device information, etc.") collected here may be information ("personal information") that identifies or can identify the individual customer either by itself or in combination with other information separately collected by Brother. However, Brother will not identify individual customers with this information and will not use it for any purposes ("the purpose") other than for statistical analysis in the development, planning, and improvements to user-friendliness and service, etc., of this SOFTWARE and other Brother products. Brother will manage device information, etc., with careful consideration to the protection of the customers’ privacy in accordance with the "Statement on Device Data" (www.brother.com/rd/privacy/) published on the Brother website. 2. Use of Google Analytics This SOFTWARE uses the web analytics service "Google Analytics," provided by Google, Inc. ("Google"). Google Analytics sends cookies and collects customer traffic data. The collected data is used to analyze customer usage of this SOFTWARE. For details on how Google handles your information, visit the Google website (URL shown). <http://www.google.com/analytics/learn/privacy.html> Information about Brother products and connected devices used by the customer is sent anonymously by Google Analytics. In addition to the product model, locale ID (country/region information) and application and operating system information, which are a part of the device information, etc., information (collectively, "usage statistics") on usage methods for this SOFTWARE and the page navigation within this SOFTWARE is collected. Usage statistics collected by Google Analytics may contain information that can identify individual customers either by itself or in combination with other information. Brother will use these collected usage statistics only for the purpose prescribed in the preceding paragraph. Brother will never use it to identify individual customers or for purposes other than this purpose. If you do not wish for usage statistics to be sent anonymously by Google Analytics, please disable the item "Send information to Google Analytics" after installing this SOFTWARE. Full functionality of this SOFTWARE will remain available in that case. 3. Changes to Privacy Policy This Privacy Policy will be updated as required. Changes to this Privacy Policy shall become effective when the customer is deemed to have acknowledged them at the time they are reflected in this SOFTWARE.