IBM DM-10 Using Windows Media Player, Windows Media Audio License and Distribution Agreement

Using Windows Media Player

Windows Media Audio License and Distribution Agreement

•You have acquired an item (“DM-20/10”) that includes software licensed by OLYMPUS from Microsoft Licensing Inc. or its affiliates (“MS”). Those installed software products of MS origin, as well as associated media, printed materials, and “online” or electronic documentation (“SOFTWARE”) are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

*[Approved alternative text if OLYMPUS does not mention MS in the EULA text: “You have acquired an item(“DM-20/10”) which includes software licensed by OLYMPUS from one or more software licensors (“OLYMPUS’s Software Suppliers”). Such software products, as well as associated media, printed materials, and “online” or electronic documentation (“SOFTWARE”) are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.”]

•IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT (“EULA”), DO NOT USE THE DM-20/10 OR COPY THE SOFTWARE. INSTEAD, PROMPTLY CONTACT OLYMPUS FOR INSTRUCTIONS ON RETURN OF THE UNUSED DM-20/10(S) FOR A REFUND. ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED

TO USE ON THE DM-20/10, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF	4
ANY PREVIOUS CONSENT).

•GRANT OF LICENSE. The SOFTWARE is licensed, not sold. This EULA grants you the following rights to the

SOFTWARE:

➢You may use the SOFTWARE only on the “DM-20/10”.Using

➢NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. [OLYMPUS] HAS INDEPENDENTLY DETERMINED HOW TO USE THE SOFTWARE IN THE “DM-20/10”, AND MS HAS RELIED UPON [OLYMPUS] TO Windows

CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE.

➢NO WARRANTIES FOR THE SOFTWARE. THE SOFTWARE is provided “ASIS” and with all faults. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT (INCLUDING LACK OF NEGLIGENCE)

IS WITH YOU. ALSO, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE Media

SOFTWARE OR AGAINST INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE “DM- 20/10” OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, MS.

➢Note on Java Support. The SOFTWARE may contain support for programs written in Java. Java technology is not fault Player tolerant and is not designed, manufactured, or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Java technology could lead directly to death, personal injury, or severe physical or environmental damage. Sun Microsystems,

Inc. has contractually obligated MS to make this disclaimer.

➢No Liability for Certain Damages. EXCEPT AS PROHIBITED BY LAW, MS SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE...

➢Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law not withstanding this limitation.

➢SOFTWARE TRANSFER ALLOWED BUT WITH RESTRICTIONS. You may permanently transfer rights under this EULA only as part of a permanent sale or transfer of the “DM-20/10”, and only if the recipient agrees to this EULA. If the SOFTWARE is an upgrade, any transfer must also include all prior versions of the SOFTWARE.

➢EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE, or any part thereof, or any process or service that is the direct product of the SOFTWARE(the foregoing collectively referred to as the “Restricted Components”) are of U.S. origin. You agree to comply with all applicable international and national laws that apply to these products, including the

U.S. Export Administration Regulations, as well as end-user, end-user and destination restrictions issued by U.S. and other governments. For additional information on exporting Microsoft products, see http://www.Microsoft.com/exporting/. 41