BEFORE OPENING THE
LICENSEAGREEMENTCAREFULLY, YOU SHOULD USETHE SOFTWAREON THE
SENTTO THIS AGREEMENT, BY OPENING THE PACKAGE, YOU ACCEPTAND AGREETO BE BOUND BY THIS AGREEMENT.
4.Ownership.
All copyrights and other proprietaly dghts 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 ol granting any right, license, or title to you other than
those explicitly granted under this Agreement
This End User License Agreement ("Agreement") is an agreement between FUJIFILM
Corporation ("FUJIFILM") and you, which sets forth the reims and conditions of the li
tense granted for you to use the software provided by FUJIFEM
The CD ROM contains third palty software In case a sepalate agreement is provided
by a third party supplier for its software, the provisions of such sepalate ag reement shall
apply to the use of such third pa rty software, prevailing over those of this Ag reement
1, DeBnitions,
(a)"Media" means the CD ROM titled "Softwa re 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 |
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(d) | "Product" | means | Media | (including | Softwale) | and | Documentation |
| collectively | |||
2.Use of Software.
FUJIFILM grants to you a nontransferable, nonexdusive license:
(a)to install one copy of Software onto one computer in binaly machine executable form;
(b)to use Software on the computer onto which Softwale is installed; and
(c)to make one backup copy of Soffwale
3.Restrictions,
31 You shall riot distribute, rent, lease or otherwise transfer all or any part of Softwale,
Media or Documentation to any third pa rty 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 Agreen]ent without FUJIEILM's
prior written consent
32 Except as expressly granted by FUJIFILM hereundel, you shall not copy or repro
duce all or any part of Software or Documentation
33 %u shall not modify, adapt or translate Softwale or Documentation You also
shall not alter or lemove copyright and other proprietary notices that appear on
or in Software or Documentation
34 You shall not, or shall not have any third palty, reverse engineer, decompile, or
disassemble Softwale
FUJ IFI LM---
FUJIFILM Corporation
hLLp://www.fujifilm.oom/produ ¢Ls/digiLal oameras/index.html
5.Limited Warranty,
FUJIFILM warlants to you that Media is flee from any defect in material a nd workman
ship under normal use for ninety (90) days from the date of your receipt of Media
Should Media not meet the foregoing warranty, FUJlFILM shall replace such defective
Media with other Media bearing no defect FUJlFILM's entire liability and your sole
and exclusive remedy with regard to any defect in Media shall be expressly limited to
such FUJlFILM's replacement of Media as provided herein
6, DISCLAIMER OFWARRANTY,
EXCEPT AS PROVIDED IN SECTION 5 HEREIN, FUJlFILM 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 NON INFRINGEMENT OF ANY COPYRIGHT,
PATENT, TRADE SECRET, OR ANY OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY,
MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE
7.LIMITATION OF LIABILITY.
IN NO EVENT SHALE 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 FUJIEILM HAS BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES
8.Noexport,
You acknovv]edge that neither Software nor any part thereof, will be transferled, or
exported to any country or used in any man ner in violation ofa ny export control laws
and regulations to which Software is subject
9.Termination.
In case you breach any ofthe terms and conditions hereof, FUJIEILM may imrnediately
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 9 hereof
11,Obligation upontermination,
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 |
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12.Governing | Law, |
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Th_s | Ag | t sha,I beg | ....... | d by | and | trued | i | ........ d | ....... ith, | ..... | f Japan | |