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IMPORTANT
Be sure to read this page before using theSoftware.
NOTICE
BEFORE OPENING THE PACKAGE OF CD-ROM PROVIDED BY
FUJI PHOTO FILM CO., LTD., PLEASE READ THIS END USER
LICENSE AGREEMENT CAREFULLY. ONLY IF YOU DO AGREE TO
THIS AGREEMENT, YOU WILL BE ABLE TO USE THE SOFTWARE
RECORDED ON THE CD-ROM. BY OPENING THE PACKAGE, YOU
ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT.
End User License Agreement
This End User License Agreement (“Agreement”) is an agreement between Fuji Photo
Film Co., Ltd. (“FUJIFILM”) and you, which sets forth the terms and conditions of the
license granted for you to use the software provided by FUJIFILM.
The CD-ROM contains third party software. In case a separate agreement is provided by
a third party supplier for its software, the provisions of such separate agreement shall
apply to the use of such third party software, prevailing over those of this Agreement.
1.
Definitions.
(a) “Media” means the CD-ROM titled “Software for FinePix SX” 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.
(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.
Restrictions.
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 consent. 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
reproduce 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, reverse-engineer, decompile,
or disassemble Software.
4.
Ownership.
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.
5.
Limited Warranty.
FUJIFILM warrants to you that Media is free from any defect in material and
workmanship 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 MATTERS, INCLUDING, BUT NOT LIMITED
TO NON-INFRINGEMENT OF ANY COPYRIGHT, PATENT, TRADE SECRET,
OR ANY OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY,
MARCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
7.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL FUJIFILM HAVE ANY LIABILITY FOR ANY GENERAL,
SPECIAL, DIRECT, 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.
8.
No export.
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.
9.
Termination.
In case you breach any of the terms and conditions hereof, FUJIFILM may
immediately 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 upon termination.
Upon termination or expiration of this Agreement, you shall, at your own
responsibility and expense, delete or destroy immediately all Software
(including its copies), Media and Documentation.
12. Governing Law.
This Agreement shall be governed by and construed in accordance with
laws of Japan.
