IMPORTANT
NOTICE
BEFORE OPENING THE CD-ROM PROVIDED BY FUJIFILM
Corporation, PLEASE READ THIS END USER LICENSE AGREEMENT
CAREFULLY. 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") isan agreement
between
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
a
third
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)
"Producr
means
Media
(including Software)
and
Documentation
collectively.
2. Use
of
Software.
FUJIFILM grants to
you
anontransferable, nonexclusive license:
(a)
to
install
one
copy ofSoftwareonto
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.
3.1
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
FUJI
FILM'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 ortranslate 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
other
proprietary
rights
to
Software
and
Documentation
are
owned
and
retained
by
FUJI
FILM
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
5
HEREIN,
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
MA
TIERS,
INCLUDING,
BUT
NOT
LIMITED
TO
NON-INFRINGEMENT
OF
ANY
COPYRIGHT,
PATENT,
TRADE
SECRET,
OR
ANY
OTHER
PROPRIETARYRIGHTSOFANYTHIRDPARTY,MERCHANTABILlTY,
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 or
used
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 or expiration of this Agreement,
you
shall,
at
your
own
responsibility
and
expense, delete or destroy immediately all Software
(including its copies), Media
and
Documentation.
12.Governing Law.
ThisAgreement shall be governed
by
and
construed
in
accordance with
laws
of Japan.
3