EASTMAN KODAK COMPANY SOFTWARE LICENSE AGREEMENT
Read the following terms and conditions carefully before using the enclosed software. Use of the software within this package indicates your
acceptance of these terms and conditions. If you do not agree with them, you should promptly return the package in its entirety and your money
will be refunded.
License
1.
Grant of License. Eastman Kodak Company (“Kodak”) grants you a license to use one copy of the enclosed software program(s) (the
“Software”) subject to the license restrictions set forth below.
2.
Restrictions on Use. You may use the software only on one computer at a time. For each additional computer on which the Software is
running at the same time, you will need an additional licensed copy of the software. You may copy the Software as necessary to use the
Software as described above.
3.
Transfer of the Software. You may permanently transfer the Software to another party if the other party agrees to accept the terms and
conditions of this license and you retain no copies of the Software.
4.
Copyright. The Software is owned by Kodak or its suppliers and protected by copyright laws and International treaties. You may not copy
the Software other than as expressly provided in this license. You may not reverse engineer, decompile, or disassemble the Software.
5.
Term. This license is effective until terminated. You may terminate it at any time by destroying the Software together with all copies in any
form. It will also terminate if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the
Software together with all copies in any form.
Limited Warranty
For a maximum period of up to one year, as evidenced by a copy of your purchase receipt, Kodak warrants (i) the Software will perform
substantially in accordance with the accompanying written materials, and (ii) the media on which the Software is furnished will be free from
defects in materials and workmanship under normal use.
Kodak does not warranty that the functions contained in the Software will meet your requirements or that the operation of the Software will be
uninterrupted or error free. You assume responsibility for operation of the Software to achieve your intended results, and for installation, use,
and results obtained from the Software.
KODAK MAKES NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states and countries do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights.
Limitations of Remedies
Kodak’s entire liability and your exclusive remedy shall be, at Kodak’s option either (a) the repair or replacement of the Software or any media
not meeting Kodak’s “Limited Warranty” that is returned to Kodak or your dealer with a copy of your receipt, or (b) the return of the price you
paid for the Software, provided you have proof of the purchase price you paid. These remedies are not available if the failure of the Software or
media is the result of misuse, abuse, or a failure to follow the operating instructions in the accompanying written materials.
IN NO EVENT WILL KODAK OR ITS SUPPLIERS OR DEALERS BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO
USE THE SOFTWARE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states and countries do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation
may not apply to you.
General
If the Software was purchased in the United States, this Agreement is governed by the laws of the State of New York. If purchased outside the
United States, this agreement is governed by the laws of the country in which it was purchased.
If you have any questions concerning this Agreement, contact your local KODAK representative.
U. S. Government Restricted Rights
The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to
restrictions as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software clause 252.227- 7013. Contractor/
manufacture is Eastman Kodak Company, 343 State Street, Rochester, New York, 14650.
European Community Provisions
If this Software is used within a county of the European Community, nothing in this Agreement shall be construed as restricting any rights
available under the European Community Software Directive, OJ. Eur. Comm. (No. L. 122) 42 (1991).
EASTMAN KODAK COMPANY
ROCHESTER, NEW YORK 14650
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