Product Images Download Agreement

End User License Agreement

KIOXIA Corporation

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING THIS IMAGE DATA (“IMAGE DATA”). THIS EULA IS ENTERED INTO BY AND BETWEEN YOU AND KIOXIA CORPORATION ("KIOXIA") TO PROVIDE YOU WITH THE IMAGE DATA COPYRIGHTED BY KIOXIA.
BY DOWNLOADING THE IMAGE DATA, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (“EULA”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, DO NOT DOWNLOAD THE IMAGE DATA.

1.License Grant and Restrictions

Subject to the terms and conditions of this EULA, KIOXIA grants to you who has downloaded the Image Data, either as an individual or a single entity (“you”), a personal, non-exclusive, non-transferable and royalty-free license to use the Image Data.
You shall not:

If you are a corporation, company or other legal entity, you shall cause your director, officers and employees who use the Image Data, to comply with the terms and conditions of this EULA.

2.TERMS OF USE

You may use the Image Data for purposes of press release of, commentary on, sales, marketing, advertising or promotion of KIOXIA products except pre-owned or used KIOXIA products by personal consumers. You may not duplicate, redistribute, or sublicense the Image Data in whole or in part.
Do not use the Image Data, in whole or in part, for the purpose of selling counterfeit products.
If a contradiction arises between the terms and conditions of this website and this EULA, this EULA shall have precedence.

3.Reservation of Rights

• (1) The Image Data is licensed, not sold to you. All rights relating to the Image Data including but not limited to any intellectual property rights to the Image Data are owned and reserved by KIOXIA and are not assigned or transferred to you unless otherwise specified in this EULA.
• (2) You agree not to take any action that interferes with or challenges, in any manner, KIOXIA’s rights with respect to the Image Data.

4.No Support

KIOXIA may, at its sole discretion and without notice, provide updates for or may no longer provide updates or support for the Image Data.
KIOXIA DOES NOT WARRANT THAT USE OF THE IMAGE DATA WILL BE CONTINUOUS OR UNINTERRUPTED AND KIOXIA SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE IMAGE DATA.

5.Disclaimer of Warranties

YOU ACKNOWLEDGE THAT THE IMAGE DATA IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OR REPRESENTATION HEREUNDER. KIOXIA MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
KIOXIA SHALL NOT BE LIABLE FOR ANY LIABILITY (INCLUDING SPECIAL, CONSEQUENTIAL, INCIDENTAL, DIRECT OR INDIRECT DAMAGE OR LIABILITY SUCH AS LOST REVENUES OR PROFITS AND LOST OF DATA) ARISING FROM THE IMAGE DATA EVEN IF KIOXIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LIABILITY.
KIOXIA DOES NOT MAKE ANY REPRESENTATIONS ABOUT AND DISCLAMS ALL WARRANTIES WITH RESPECT TO ANY THIRD-PARTY CONTENT, ANY NON-KIOXIA DEVICE, OR THE ACTIONS OR OMISSIONS OF A SERVICE PROVIDER OR THIRD-PARTY CONTENT OWNER.
KIOXIA IS NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE CONTENT, ACCURACY, COMPLETENESS, TIMELINESSS, VALIDITY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, QUALITY, OR ANY OTHER ASPECT OF THIRD PARTY CONTENT.

6.Indemnity

You agree to indemnify, defend and hold Supplying Group harmless from and against any and all liabilities, damages, claims, expenses (including reasonable attorney’s fees) associated with or arising out of your use of the Image Data, any actual or alleged breach of this EULA by you, or any other matter relating to the Image Data, including but not limited to the use of any of third party license.

7.LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIOXIA ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF KIOXIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS.
KIOXIA IS NOT RESPOSIBLE OR LIABLE FOR ANY INFECTIONS OF, CONTAMINATION OF, OR DAMAGE TO YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF OR RELATED TO YOUR USE OF THE IMAGE DATA OR OF YOUR DEVICES ON WHICH THE IMAGE DATA IS USED.

8.Unintended Use

THE IMAGE DATA IS NEITHER INTENDED NOR WARRANTED FOR USE IN EQUIPMENTS OR SYSTEMS THAT REQUIRE EXTRAORDINARILY HIGH LEVELS OF QUALITY AND/OR RELIABILITY, AND/OR A MALFUNCTION OR FAILURE OF WHICH MAY CAUSE LOSS OF HUMAN LIFE, BODILY INJURY, SERIOUS PROPERTY DAMAGE AND/OR SERIOUS PUBLIC IMPACT ("UNINTENDED USE"). Unintended Use includes, without limitation, equipment used in nuclear facilities, equipment used in the aerospace industry, medical equipment, equipment used for automobiles, trains, ships and other transportation, traffic signaling equipment, equipment used to control combustions or explosions, safety devices, elevators and escalators, devices related to electric power, and equipment used in finance-related fields. IF YOU USE THE IMAGE DAT FOR UNINTENDED USE, SUPPLYING GROUP ASSUMES NO LIABILITY FOR THE IMAGE DATA.

9.Severability

The invalidity or unenforceability of any provision of this EULA pursuant to any applicable law shall not affect the validity or enforceability of the remaining provisions hereof, but this EULA shall be construed as if not containing the provision held invalid or unenforceable in the jurisdiction in which so held, unless, in the reasonable opinion of either party hereto, such invalid or unenforceable provisions comprise an integral part of, or are otherwise inseparable from the remainder of, this EULA, in which case this EULA, in such jurisdiction, shall immediately terminate and be of no further force and effect.
A waiver by either party of any term or condition of this EULA or any breach thereof, in any one instance, shall not waive the applicable term or condition or any subsequent breach thereof.

10.Termination

KIOXIA may terminate this EULA immediately, without prior notice from KIOXIA, if you breach any provision of this EULA.
Upon termination, you shall immediately cease all use of the Image Data and destroy all copies of the Image Data.

11.Governing Law

This EULA shall be governed by, and construed and enforced in accordance with the laws of JAPAN. This EULA shall not be governed by Convention on International Sales of Goods. All disputes, controversies, or differences in connection with or arising out of this EULA that cannot be resolved by a mutually amicable arrangement between the parties hereto shall be finally settled according to the Rules of Conciliation and Arbitration of the International Chamber of Commerce by three arbitrators appointed in accordance with the Rules. Arbitration proceedings shall be conducted in English language and shall take place in Tokyo, Japan. The decision of the arbitration proceedings shall be final and binding upon both parties. Judgment on any arbitration decision may be entered in any court of competent jurisdiction.

12.Survival

Sections 3, 5, 6, 7 and 11 of this EULA and any other provisions of this EULA that require or contemplate performance after the termination of this EULA, shall be enforceable notwithstanding termination of this EULA.