bEST Technology Suite

Registration process for developers located in North America, South America and the Caribbean. Applications developed through this program will only function within these regions. For development intended for other countries or regions, please visit their respective Konica Minolta sites.

Steps

1. View and accept the program agreements online.
2. Complete the membership request form, filling in all required fields.
3. Your request will be reviewed by Konica Minolta. Upon acceptance into the program you will be notified by e-mail.

1. Membership in the Program

You certify that all information provided by you in your application for membership in the Program is true, accurate and complete. Subject to approval of your application for membership into the Program by Konica Minolta and payment of all required application fees, Konica Minolta offers you membership in the Program on the following terms and conditions, as may be revised or updated by Konica Minolta on its website, with or without notice to you. Some levels of membership may include access to services, documentation and communications specifications, as well as software and other tools needed to develop software solutions for Konica Minolta devices. Please refer to the Konica Minolta website for details and benefits available with each level of membership. Membership in the Program is non-exclusive and you acknowledge that others admitted to membership in the Program may compete directly or indirectly with you and develop and offer competing products through the Program. You further acknowledge that Konica Minolta may, in its sole discretion, change and/or discontinue any or all aspects of the Program at any time.

2. Grant of License

Upon acceptance into the Program, Konica Minolta grants you, for a term of one (1) year from the date you signify your agreement to the terms and conditions of this Agreement (by clicking “I Agree”) and the accompanying end-user license agreement, a limited, non-exclusive, non-transferable, non-sublicensable license to use the software available for the membership level for which Konica Minolta approves you (the "bEST Software"), including any documentation files accompanying the bEST Software, and any other materials or services made available by Konica Minolta to you ("bEST Materials"), the terms and conditions of which are further described in the annexed end-user license agreement (“EULA”) that you must sign prior to downloading or using any bEST Software or bEST Materials. Your use of the bEST Software and bEST Materials must comply fully with the EULA and shall be limited to use solely for the design and development of your products to interface with Konica Minolta devices.

3. Intellectual Property; Ownership

You have no ownership rights in the bEST Software or the bEST Materials. Rather, you have a license to use the bEST Software, and the bEST Materials, as may be limited by this Agreement and the EULA as long as this Agreement and the EULA remain in full force and effect. Ownership of the bEST Software and the bEST Materials, all intellectual property rights and title therein and in any derivative works developed therefrom shall remain at all times with Konica Minolta. Intellectual property includes, but is not limited to, patents, inventions, trademarks, trade names, service marks, logos, trade secrets, know-how, processes, object and source code, proprietary data and copyrights. You may not remove any proprietary notice of Konica Minolta from any copy of the bEST Software or bEST Materials. You shall not copy, use, display, distribute or transfer Konica Minolta’s trademarks, trade names, service marks or logos or other intellectual property of Konica Minolta, except with Konica Minolta’s express written approval. Nothing herein shall be construed as granting to you any rights under the Program except as expressly provided in this Agreement. All rights not granted to you herein are expressly reserved by Konica Minolta.

4. Copyright

The Software and Documentation contain material that is protected by United States and international copyright and trade secret laws, and by international treaty provisions. All rights not granted to you herein are expressly reserved by Konica Minolta. You may not remove any proprietary notice of Konica Minolta from any copy of the Software or Documentation.

5. Confidentiality

You acknowledge that the bEST Software and the bEST Materials, including but not limited to Konica Minolta’s proprietary trade secrets, business, sales and technical information, all features and specifications of software development kits (“SDKs”), applications, source code, object code, customer information, information relating to Konica Minolta devices and other intellectual property are Konica Minolta’s confidential information (“Confidential Information”) and you hereby agree to use Confidential Information only for the purposes described in this Agreement, maintain the confidentiality of the Confidential Information and not disclose it to third parties (including in the filing of patent applications) without Konica Minolta’s prior written consent. You further agree to use at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You shall limit access to the Confidential Information only to employees within your organization who have a need to know to fulfill the purposes of this Agreement. You agree to reasonably communicate the terms and conditions of this Agreement to those persons employed by you and to use your best efforts to ensure their compliance with such terms and conditions. Notwithstanding the foregoing paragraph, the following information shall not be deemed Confidential Information and you shall have no obligation with respect to information that is:

1. already in your possession at the time of disclosure
2. already available to the public at the time of disclosure;
3. becomes available to the public without your fault;
4. subsequently rightfully received by you from a third party without notice of restriction on further disclosure; and
5. developed by you independently of and without reference to the Confidential Information.

Konica Minolta does not wish to receive any non-public or proprietary information from you and has no duty to protect any information provided by you as confidential.

6. No Warranty

KONICA MINOLTA PROVIDES bEST SOFTWARE AND bEST MATERIALS UNDER THIS AGREEMENT ON AN "AS IS" BASIS AND THE USE OF SAME BY YOU IS AT YOUR RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KONICA MINOLTA DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KONICA MINOLTA SPECIFICALLY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE bEST SOFTWARE AND bEST MATERIALS WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, THAT THE bEST SOFTWARE OR bEST MATERIALS WILL BE ERROR FREE OR OPERATE IN AN UNINTERRUPTED FASHION, THAT ANY DEFECTS OR ERRORS IN ANY SOFTWARE WILL BE CORRECTED, OR THAT THE bEST SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.

7. Limitation of Liability

EXCEPT FOR DAMAGES RELATING TO BODILY INJURY OR DEATH, IN NO EVENT SHALL KONICA MINOLTA BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE bEST SOFTWARE OR bEST MATERIALS OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF KONICA MINOLTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KONICA MINOLTA'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE bEST SOFTWARE AND bEST MATERIALS SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU UNDER THIS AGREEMENT. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, CERTAIN OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Export Restrictions

THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF THE bEST SOFTWARE OR bEST MATERIALS WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT OR RE-EXPORT THE bEST SOFTWARE OR bEST MATERIALS UNLESS YOU ARE IN COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.

9. Notice to U.S. Government End Users

The bEST Software and bEST Materials qualify as "commercial items," as that term is defined at Federal Acquisition Regulation ("FAR") (48 C.F.R.) 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which this Agreement may be incorporated, U.S. Government end users will acquire the bEST Software and bEST Materials with only those rights set forth in this Agreement. Use of either the bEST Software or bEST Materials constitutes agreement by the U.S. Government that the bEST Software and bEST Materials are "commercial computer software" and/or "commercial computer software documentation," and constitutes acceptance of the rights and restrictions herein. The manufacturer is: Konica Minolta Business Solutions U.S.A., Inc., 101 Williams Drive, Ramsey, NJ 07446, U.S.A.

10. Termination

You may terminate this Agreement at any time by destroying or returning to Konica Minolta all copies of the bEST Software and the bEST Materials in your possession or under your control. Konica Minolta may terminate this Agreement for any reason or no reason, including, but not limited to, Konica Minolta’s determination that you have violated any of the terms of this Agreement. Upon notification of termination, you agree to destroy or return to Konica Minolta all copies of the bEST Software and the bEST Materials and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, non-disclosure and proprietary rights shall survive the termination of this Agreement.

11. General
1. Governing Law; Jurisdiction. This Agreement shall be construed, interpreted and governed by the laws of the State of New Jersey without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this Agreement shall be an appropriate federal or state court sitting in New Jersey, USA.
2. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, (a) that provision will be deemed amended to achieve as nearly as possible the same effect as the original provision, and (b) the legality, validity and enforceability of the remainder of this Agreement will not be affected or impaired thereby.
3. No Assignment. You are not permitted to assign, sell, give or otherwise transfer your rights under this Agreement without the prior written consent of Konica Minolta.
4. Injunctive Relief. A breach by you of any of the promises or agreements contained herein may result in irreparable and continuing damage to Konica Minolta for which there will be no adequate remedy at law, and Konica Minolta shall be entitled to seek injunctive relief and/or a decree for specific performance, and such other relief as may be proper.
5. Entire Agreement. This Agreement along with any updates or revisions made available by Konica Minolta on its website, constitutes the entire agreement with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. There are no understandings, representations or warranties except as expressly set forth herein.
6. Conflict. This Agreement has been translated into several languages for your convenience. Should any provision of a translated version of this Agreement conflict with a provision of the English version of this Agreement, the provisions of the English version shall prevail.