IMPORTANT
Be sure to read this page before using the software.
| NOTICE | 4. | Ownership. | |
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| All copyrights and other proprietary rights to Software and Documentation are | ||
BEFORE OPENING THE |
| 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 |
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| construed, expressly or implicitly, as transferring or granting any right, license, | |||
CAREFULLY. ONLY IF YOU AGREE WITH THIS AGREEMENT, |
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| or title to you other than those explicitly granted under this Agreement. | |||
SHOULD YOU USE THE SOFTWARE RECORDED ON THE |
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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. |
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| and workmanship under normal use for ninety (90) days from the date | |||
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| 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 | |
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| no defect. FUJIFILM’s entire liability and your sole and exclusive | |
This End User License Agreement (“Agreement”) is an agreement between |
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| 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 |
| 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 | ||
1. | Definitions. |
| COPYRIGHT, PATENT, TRADE SECRET, OR ANY OTHER | |
| (a) “Media” means the |
| 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,
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