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") 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.
3.1
You shall not distribute, rent, lease
or
otherwise transfer all or any
part of Software, Media or Documentation to anythird 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 underthis 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.
3.3You shall notmodify, adapt
or
translate Software orDocumentation.
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
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 orgranting 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 yourreceipt of Media. Should Media not meettheforegoing 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 OF ANYTHIRD 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, orexportedto anycountry 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 orexpiration ofthis Agreement, you shall, atyourown
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.
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