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 UserLicenseAgreement ("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 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" meansthe CD-ROM titled "Softwarefor FinePix CX"- 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)
"Producf
means Media (including Software) and Documentation
collectively.
2. Use
of
Software.
FUJIFILM grants to you anontransferable, nonexclusive license:
(a) to install onecopy
of
Softwareontoone computerin 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 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
FUJI
FILM
or the third party suppliers
as
indicated
on
or
in
Software or Documentation. Nothing contained herein shall be
construed, expresslyor 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 anydefect in material
and workmanship
under
normal use for ninety (90) days from the date
ofyour receipt
of
Media. Should Media not meetthe 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.
EXCEPTAS PROVIDED
IN
SECTION 5HEREIN, FUJIFILM PROVIDES
PRODUCT "AS IS" AND WITHOUT WARRANTIES
OF
ANY KIND,
EXPRESS OR IMPLIED. FUJIFILM SHALL MAKE NO WARRANTY,
EXPRESS, IMPLIEDOR STATUTORY, AS TO ANY OTHER MA
TIERS,
INCLUDING, BUT
NOT
LIMITED TO NON-INFRINGEMENT OF ANY
COPYRIGHT, PATENT, TRADE SECRET, OR ANY OTHER
PROPRIETARYRIGHTS 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,
or
exported toany country orused inanymannerin 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 earlierterminated in accordance with Section 9hereof.
11. Obligation
upon
termination.
Upon termination
or
expiration
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.
ThisAgreement shall be governed by and construed
in
accordancewith
laws
of
Japan.
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