IMPORTANT

Be sure to read this page before using the software.

 

NOTICE

4.

Ownership.

 

 

All copyrights and other proprietary rights to Software and Documentation are

BEFORE OPENING THE CD-ROM PROVIDED BY FUJIFILM

 

owned and retained by FUJIFILM or the third party suppliers as indicated on

 

or in Software or Documentation. Nothing contained herein shall be

Corporation, PLEASE READ THIS END USER LICENSE AGREEMENT

 

 

construed, expressly or implicitly, as transferring or granting any right, license,

CAREFULLY. ONLY IF YOU AGREE WITH THIS AGREEMENT,

 

 

or title to you other than those explicitly granted under this Agreement.

SHOULD YOU USE THE SOFTWARE RECORDED ON THE CD-ROM.

 

5.

Limited Warranty.

BY OPENING THE PACKAGE, YOU ACCEPT AND AGREE TO BE

 

FUJIFILM warrants to you that Media is free from any defect in material

BOUND BY THIS AGREEMENT.

 

 

and workmanship under normal use for ninety (90) days from the date

 

 

 

 

 

 

of your receipt of Media. Should Media not meet the foregoing warranty,

 

End User License Agreement

 

FUJIFILM shall replace such defective Media with other Media bearing

 

 

 

no defect. FUJIFILM’s entire liability and your sole and exclusive

This End User License Agreement (“Agreement”) is an agreement between

 

 

remedy with regard to any defect in Media shall be expressly limited to

FUJIFILM Corporation (“FUJIFILM”) and you, which sets forth the terms

 

such FUJIFILM’s replacement of Media as provided herein

and conditions of the license granted for you to use the software provided

6.

DISCLAIMER OF WARRANTY.

by FUJIFILM.

 

EXCEPT AS PROVIDED IN SECTION 5 HEREIN, FUJIFILM PROVIDES

The CD-ROM contains third party software. In case a separate agreement

 

PRODUCT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND,

is provided by a third party supplier for its software, the provisions of such

 

EXPRESS OR IMPLIED. FUJIFILM SHALL MAKE NO WARRANTY,

separate agreement shall apply to the use of such third party software,

 

EXPRESS, IMPLIED OR STATUTORY, AS TO ANY OTHER MATTERS,

prevailing over those of this Agreement.

 

INCLUDING, BUT NOT LIMITED TO NON-INFRINGEMENT OF ANY

1.

Definitions.

 

COPYRIGHT, PATENT, TRADE SECRET, OR ANY OTHER

 

(a) “Media” means the CD-ROM titled “Software for FinePix CX”- which

 

PROPRIETARY RIGHTS OF ANY THIRD PARTY, MERCHANTABILITY,

 

is provided to you together with this Agreement.

 

OR FITNESS FOR ANY PARTICULAR PURPOSE.

 

(b) “Software” means the software which is recorded on Media.

7.

LIMITATION OF LIABILITY.

 

(c) “Documentation” means the operation manuals of Software and

 

IN NO EVENT SHALL FUJIFILM HAVE ANY LIABILITY FOR ANY

 

other related written materials which are provided to you together

 

GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL,

 

with Media.

 

INCIDENTAL, OR OTHER DAMAGES (INCLUDING DAMAGES FOR

 

(d) “Product” means Media (including Software) and Documentation

 

LOSS OF PROFITS OR LOST SAVINGS) INCURRED FROM THE

 

collectively.

 

USE OF OR INABILITY TO USE PRODUCT EVEN IF FUJIFILM HAS

2.

Use of Software.

 

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

FUJIFILM grants to you a nontransferable, nonexclusive license:

8.

No export.

 

(a) to install one copy of Software onto one computer in binary machine

 

You acknowledge that neither Software nor any part thereof, will be

 

executable form;

 

transferred, or exported to any country or used in any manner in violation

 

(b) to use Software on the computer onto which Software is installed; and

 

of any export control laws and regulations to which Software is subject.

 

(c) to make one backup copy of Software.

9.

Termination.

3.

Restrictions.

 

In case you breach any of the terms and conditions hereof, FUJIFILM

 

3.1 You shall not distribute, rent, lease or otherwise transfer all or any

 

may immediately terminate this Agreement without any notice.

 

part of Software, Media or Documentation to any third party without

10. Term.

 

FUJIFILM’s prior written consent. You also shall not sublicense,

 

This Agreement is effective until the date when you cease to use

 

assign or otherwise transfer all or any part of the rights granted to

 

Software, unless earlier terminated in accordance with Section 9 hereof.

 

you by FUJIFILM under this Agreement without FUJIFILM’s prior

11. Obligation upon termination.

 

written consent.

 

Upon termination or expiration of this Agreement, you shall, at your own

 

3.2 Except as expressly granted by FUJIFILM hereunder, you shall not

 

responsibility and expense, delete or destroy immediately all Software

 

copy or reproduce all or any part of Software or Documentation.

 

(including its copies), Media and Documentation.

 

3.3 You shall not modify, adapt or translate Software or Documentation.

12. Governing Law.

 

You also shall not alter or remove copyright and other proprietary

 

This Agreement shall be governed by and construed in accordance with

 

notices that appear on or in Software or Documentation.

 

laws of Japan.

3.4You shall not, or shall not have any third party, reverse-engineer, decompile, or disassemble Software.

3