IMPORTANT NOTICE: Read Before Using the Software
BEFORE OPENING THE
End User License Agreement
This End User License Agreement (“Agreement”) is an 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.
(a)“Media” means the
(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 a nontransferable, 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.
3.1 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 con- sent. 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 repro- duce 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,
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 or granting any right, license, or title to you other than those explicitly granted under this Agreement.
FUJIFILM warrants to you that Media is free from any defect in material and workman- ship 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 MAT- TERS, INCLUDING, BUT NOT LIMITED TO
7.LIMITATION OF LIABILITY.
IN NO EVENT SHALL FUJIFILM HAVE ANY LIABILITY FOR ANY GENERAL, SPECIAL, DI- RECT, 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.
You acknowledge that neither Software nor any part thereof, will be transferred, or exported to any country or used in any manner in violation of any export control laws and regulations to which Software is subject.
In case you breach any of the terms and conditions hereof, FUJIFILM may immediately terminate this Agreement without any notice.
This Agreement is effective until the date when you cease to use Software, unless earlier terminated in accordance with Section 9 hereof.
11.Obligation upon termination.
Upon termination or expiration of this Agreement, you shall, at your own responsibil- ity and expense, delete or destroy immediately all Software (including its copies), Media and Documentation.
This Agreement shall be governed by and construed in accordance with laws of Ja- pan.