PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THE ASIMO DESKTOP WIDGET. BY USING THE ASIMO DESKTOP WIDGET SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE.
1. General. The ASIMO DESKTOP WIDGET is made available to you for your personal use in compliance with all applicable laws, rules and regulations. Honda Motor Co., Ltd. ("Honda") reserves the right to refuse or discontinue participation to any applicant at any time in its sole discretion.
2. Permitted License Uses and Restrictions. This License allows you to install and use one copy of the ASIMO DESKTOP WIDGET Software on a single computer at a time. This License does not allow the ASIMO DESKTOP WIDGET Software to exist on more than one computer at a time, and you may not make the ASIMO DESKTOP WIDGET Software available over a network where it could be used by multiple computers at the same time. You may make one copy of the ASIMO DESKTOP WIDGET Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Except as and only to the extent expressly permitted in this License or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the ASIMO DESKTOP WIDGET Software or any part thereof. THE ASIMO DESKTOP WIDGET SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE ASIMO DESKTOP WIDGET SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
3. Transfer. You may not rent, lease, lend or sublicense the ASIMO DESKTOP WIDGET Software.
4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Honda if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the ASIMO DESKTOP WIDGET Software and destroy all copies, full or partial, of the ASIMO DESKTOP WIDGET Software.
5. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ASIMO DESKTOP WIDGET SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE ASIMO DESKTOP WIDGET SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HONDA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ASIMO DESKTOP WIDGET SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. HONDA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ASIMO DESKTOP WIDGET SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE ASIMO DESKTOP WIDGET SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE ASIMO DESKTOP WIDGET SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE ASIMO DESKTOP WIDGET SOFTWARE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, THAT THROUGH THE ASIMO DESKTOP WIDGET SOFTWARE ACCESSING THE INTERNET TO DOWNLOAD NEWS ITEMS YOU INCUR COSTS OR REDUCED NETWORK PERFORMANCE, OR THAT DEFECTS IN THE ASIMO DESKTOP WIDGET SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HONDA OR AN HONDA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE ASIMO DESKTOP WIDGET SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL HONDA BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE ASIMO DESKTOP WIDGET SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF HONDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
7. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of Tokyo, Japan, as applied to agreements entered into and to be performed entirely within Tokyo between Tokyo residents. This License shall not be governed by the United Nations Convention, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
8. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the ASIMO DESKTOP WIDGET Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Honda. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.