IMPORTANT
NOTICE
BEFORE OPENING THE CD·ROM PROVIDED
BY
FUJIFILM
Corporation, PLEASE READ THIS
END
USER LICENSE AGREEMENT
CAREFULL
Y.
ONLY
IF
YOU
AGREE WITH THIS AGREEMENT,
SHOULD
YOU
USE
THE SOFTWARE RECORDED
ON
THE CD-ROM.
BY OPENING THE PACKAGE,
YOU
ACCEPT AND AGREE
TO
BE
BOUND BY THIS AGREEMENT.
End
User
License
Agreement
This End UserLicense Agreement ("Agreement") is an agreementbetween
FUJIFILM Corporation ("FUJIFILM") and you, which sets forth the terms
and conditions of the license granted for you to use the software provided
by FUJIFILM.
The CD-ROM contains third party software.
In
case aseparate agreement
is provided by athird party supplier for its software. the provisions of such
separate agreement shall apply to the use of such third party software,
prevailing over those of this Agreement.
1.
Definitions.
(a) "Media" means the CD-ROM titled "Software for FinePix"- which is
provided to you together with this Agreement.
(b) "Software" means the software which is recorded on Media.
(c) "Documentation" means the operation manuals of Software and
other related written materials which are provided to you together
with Media.
(d) "Product" means Media (including Software) and Documentation
collectively.
2.
Use of Software.
FUJIFILM grants to you anontransferable, nonexclusive license:
(a) to install one copy of Software onto one computer
in
binary machine
executable form;
(b) to use Software
on
the computer onto which Software is installed; and
(c) to make one backup copy of Software.
3.
Restrictions.
31
You shall not distribute, rent, lease or otherwise transfer all or any
part of Software, Media or Documentation to any third party without
FUJIFILM's prior written consent. You also shall not sublicense,
assign or otherwise transfer all or any part of the rights granted to
you by FUJIFILM under this Agreement without FUJIFILM's prior
written consent.
3.2 Except
as
expressly granted by FUJIFILM hereunder, you shall not
copy or reproduce all or any part of Software or Documentation.
3.3 You shall not modify. adapt or translate Software or Documentation.
You also shall not alter or remove copyright and other proprietary
notices that appear on or in Software or Documentation.
3.4 You shall not, or shall not have any third party, reverse-engineer,
decompile, or disassemble Software.
Be
sure
to
read
this
page before using the software.
4.
Ownership.
All
copyrights
and
otherproprietary rights
to
Software
and
Documentation are
owned
and
retained
by
FUJIFILM
or
the
third party suppliers
as
indicated
on
or
in
Software or Documentation. Nothing contained herein shall
be
construed, expressly
or
implicitly,
as
transferring
or
granting any
right.
license.
or
title
to
you other than those explicitly granted under this Agreement.
5.
Limited Warranty.
FUJIFILM warrants to you that Media
is
free from any defect
in
material
and workmanship under normal use for ninety (90) days from the date
of your receipt of Media. Should Media not meet the foregoing warranty,
FUJIFILM shall replace such defective Media with other Media bearing
no defect. FUJIFILM's entire liability and your sole and exclusive
remedy with regard to any defect in Media shall be expressly limited to
such FUJIFILM's replacement of Media as provided herein
6.
DISCLAIMER
OF
WARRANTY.
EXCEPT
AS
PROVIDED IN SECTION 5HEREIN, FUJIFILM PROVIDES
PRODUCT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED. FUJIFILM SHALL MAKE
NO
WARRANTY,
EXPRESS, IMPLIED OR STATUTORY,
AS
TO ANY OTHER
MAnERS,
INCLUDING, BUT NOT LIMITED TO NON-INFRINGEMENT OF ANY
COPYRIGHT, PATENT, TRADE SECRET,
OR
ANY OTHER
PROPRIETARY RIGHTS OFANY THIRD PARTY, MERCHANTABILITY,
OR
FITNESS FOR ANY PARTICULAR PURPOSE.
7.
LIMITATION OF LIABILITY.
IN NO EVENT
SHALL
FUJIFILM HAVE ANY LIABILITY FOR ANY
GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, OR OTHER DAMAGES (INCLUDING DAMAGES FOR
LOSS OF PROFITS OR LOST SAVINGS) INCURRED FROM THE
USE
OF
OR INABILITY TO USE PRODUCT EVEN IF FUJIFILM HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.
No export.
You acknowledge that neither Software nor any part thereof, will be
transferred, orexported
to
any country orused
in
any manner
in
violation
of
any export control laws and regulations to which Software is subject.
9.
Termination.
In
case you breach any of the terms and conditions hereof, FUJIFILM
may immediately terminate this Agreement without any notice.
10.Term.
This Agreement is effective until the date when you cease to use
Software, unless earlier terminated
in
accordance with Section 9hereof.
11. Obligation
upon
termination.
Upon termination orexpiration of this Agreement, you shall,
at
yourown
responsibility and expense, delete or destroy immediately all Software
(including its copies), Media and Documentation.
12. Governing Law.
This Agreement shall be governed by and construed
in
accordance with
laws of Japan.
3