SOFTWARE:   Brother P-touch Editor
Version:    Version 5.0


End-User License Agreement for Brother Software
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IMPORTANT-PLEASE READ CAREFULLY:
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This End-User License Agreement ("EULA") is a legal agreement between you (including but not limited to natural person and legal entity) and Brother Industries, Ltd. ("Brother"), which governs your use of the software described in the above ("SOFTWARE").  The SOFTWARE includes the above-mentioned software that will be installed if you press "Next" button on the Dialog Box displaying the License Agreement in the installer, along with any and all media, printed materials such as User Manuals, and electrical documents including but not limited to on-line documents.  By installing, reproducing and/or using the SOFTWARE, you agree to be bound by the terms of this EULA.  If you do not agree to the terms of this EULA, Brother is unwilling to license the SOFTWARE to you.  In such case, you may not use the SOFTWARE.



Terms and Conditions.
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1. Grant of License.
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  Brother grants you the following license:

1) To install one copy of the SOFTWARE on your single computer hardware and use, display and execute the same: provided, however, that if the SOFTWARE is packaged with Brother hardware products or constitutes any version-ups of a software that has been packaged with Brother hardware products, you may install the SOFTWARE on your multiple computer hardware and use the same inside of your single location for the sole purpose of output with such Brother hardware products.

2) To make only one copy of the SOFTWARE solely for archival purposes: provided that such copy shall include any and all copyright notices and/or other notices relating to rights to any intellectual property in the original SOFTWARE in form totally identical with those in such original SOFTWARE.


2. Limitation on Use.
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  Except for expressly granted under Article 1 above, Brother does not grant you any license relating to the SOFTWARE.  Especially, you are expressly prohibited from the following actions:
1) To make any copies of the SOFTWARE except as expressly permitted in accordance with Article 1 of this EULA,
2) To make any copies of the materials associated with the SOFTWARE,
3) To modify the SOFTWARE,
4) To reverse engineer, disassemble or decompile the SOFTWARE and/or otherwise to make any derivative works from the SOFTWARE,
5) To divide any elements of the SOFTWARE from other elements for use with multiple computer hardware, or
6) To rent or lease the SOFTWARE.


3. Ownership.
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  All right, titles and interest such as copyrights in and to the SOFTWARE (including but not limited to programs, images, clip arts, templates, fonts texts) and user manuals and other materials associated therewith as well as all copies thereof are owned by Brother or its suppliers.  The SOFTWARE is protected by applicable Copyright Laws and international treaties.  All rights, titles and interests including but not limited to copyrights in and to the SOFTWARE is licensed but not sold.


4. Transfer.
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  You may permanently transfer the SOFTWARE to any person, provided that when you transfer the SOFTWARE, you must deliver such person all material in the package of the SOFTWARE (including all component parts, the media and printed materials such as user manuals).  If the SOFTWARE constitutes upgrades of any former software, you must also deliver all such former software.  Upon transfer, you lose any rights to retain any copies of the SOFTWARE and must erase the copies of the SOFTWARE you made in accordance with Article 1 of this EULA.


5. Warranty.
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5.1	Brother warrants to you that the SOFTWARE will perform substantially in accordance with specifications thereof for a period of 90 days from the date you first receive the SOFTWARE.  Upon Brother's receipt of and agreement with your notice that the SOFTWARE does not substantially perform in accordance with specifications thereof, Brother will replace the SOFTWARE media that will perform.

5.2	The replacement of the SOFTWARE by Brother as set forth in Section 5.1 of this EULA is Brother's entire liability and your sole and exclusive remedy.

5.3	The above warranty does not apply to any non-performance by the SOFTWARE that are caused by (i) an accident, (ii) improper or inadequate maintenance or calibration, (iii) connection or merger with any software, apparatus or other material not furnished by Brother, or (iv) modification or alteration to the SOFTWARE by you or anyone else.


6. Limitation of Liability.
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  BROTHER EXPRESSLY DISCLAIMS ANY OTHER LIABILITY THAN AS SET FORTH IN ARTICLE 5 OF THIS EULA, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE.  FURTHER, 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.


7. Term.
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  This EULA will become effective upon your acceptance and continue in effect unless you transfer or cease to use the Software.  However, Brother may, without prejudice, to any other rights and remedies it may have, terminate this Agreement without notice if you breach it.  In case of Brother's termination as stipulated in the above, you must destroy the SOFTWARE and all copies thereof.


8. Trademarks.
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  In no event this EULA shall construed to grant you any licenses to use any rights to trademarks or service marks owned by Brother or its suppliers.


9. Export Regulations.
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  You may not export or re-export the Software or any copy or adaptation thereof in violation of any applicable laws or regulations.


10. Governing Laws.
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  This Agreement is governed and controlled under the laws of Japan.  If any of the provisions of this Agreement shall be declared void, such provisions shall be severable and independent from the other provisions of this Agreement, and the validity of the other provisions and of the entire Agreement shall not be affected.
