In order to facilitate Brother's Refresh Auto-Fulfillment Service to you ("Refresh Auto-Fulfillment Service"), Brother Industries, Ltd. ("Brother") will obtain certain information from your Brother printer, MFC and DCP products ("Products") that you register with Brother’s online system ("BOL") using our cloud service and embedded firmware ("Software").
The Software will detect the remaining ink and/or toner volume of the Brother cartridge that is inserted into your Products and sends such information to Brother through the internet connection. Brother will send such status data of your ink and/or toner cartridge to Brother International Corp. ("BIC"). Upon receipt of such data, BIC will be solely responsible for providing the Refresh Auto-Fulfillment Service to you pursuant to your service agreement with them.
By utilizing the Refresh Auto-Fulfillment Service and Software, you expressly agree to these Brother User Terms.
Article 4 - Management of Information
Brother shall manage and protect the Information provided by you with a reasonable degree of care at the Brother offices in Japan. Brother will share and transfer the Information to Brother International Corporation (a Brother U.S. subsidiary) to the extent necessary for the technical communication among Brother and such parties in order to enable or support your use of the Refresh Auto-Fulfillment Service.
Article 6 - No Warranty
BROTHER MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SOFTWARE, OR Refresh Auto-Fulfillment Service, INCLUDING BUT NOT LIMITED TO, WARRANTIES THAT THE INFORMATION IS FREE FROM ERRORS, THAT ANY PARTICULAR INFORMATION FITS YOUR PURPOSE, OR THAT USE OF THE INFORMATION INFRINGES ANY THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS AND/OR ANY OTHER RIGHTS.
Article 7 - Limited of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL BROTHER BE LIABLE FOR DIRECT OR INDIRECT DAMAGES INCURRED DUE TO OR IN RELATION TO USE OF THE SOFTWARE. IN ADDITION, BROTHER SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE DUE TO YOUR USE OF THE REFRESH AUTO-FULFILLMENT SERVICE AND ANY DISPUTE OR CLAIM BETWEEN YOU AND BIC THE REFRESH AUTO-FULFILLMENT SERVICE PROVIDER OR ANY OTHER THIRD PARTIES. BROTHER IS ALSO NOT RESPONSIBLE FOR THE PERFORMANCE OF YOUR COMPUTER WHILE RUNNING THE SOFTWARE OR ANY INTERRUPTIONS, LOST DATA OR COMPUTER PERFORMANCE INCURRED THROUGH USE OF THE SOFTWARE.
Article 8 - Termination
Brother may terminate this Agreement or discontinue your use of the Software at any time without any reason and any notice to you.
Article 9 - Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Japan.
Brother, the Brother logo, Refresh, the Brother Refresh logo, Refresh are trademarks of Brother Industries Ltd. or its affiliates.
Brother Industries, Ltd.