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5
i--SPEED
End-user license agreement
This license agreement applies to the software supplied on disk
with the
i--SPEED
system and not the
i--SPEED
camera itself.
READ THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE
OPENING PACKAGE CONTAINING THE PROGRAM DISKETTES (THE SOFTWARE). BY OPENING
THIS PACKAGE CONTAINING THE SOFTWARE YOU ACCEPT AND AGREE TO THE TERMS AND
CONDITIONS HEREOF. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITION OF
THIS AGREEMENT, PROMPTLY RETURN THIS PRODUCT UNOPENED AND YOUR MONEY WILL BE
REFUNDED. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING
THE SOFTWARE BETWEEN YOU AND OLYMPUS CORPORATION. (”OLYMPUS”).
1.
LICENSE
. In consideration of payment of the Licensee fee, Olympus grants to you, as the End User,
and you accept, a nonexclusive, nontransferable sublicense to use the Software for internal use, and not
as a service bureau or for the benefit of a third party, in accordance with the terms hereof on one hardware
system at a time. If you want to use the Software on more than one hardware system at a time you must
obtain separate licenses for each system.
2.
OWNERSHIP OF THE SOFTWARE
. Olympus or its suppliers own and will retain all title, copyright,
trademark and other proprietary rights in and to the Software. This sublicense is NOT a sale of the
Software or a sale of any copy of the Software. This Agreement does not convey to you an interest in or to
the Software but only a limited right of use the Software, as is provided herein, revocable in accordance
with the terms of the Agreement. You agree as follows:
a.
You may NOT make any copies of all or any part of the Software except for archival copies
and reasonable backups of the Software as may be permitted by the United States
Copyright Act.
b.
You may NOT reverse compile, reverse assemble, reverse engineer, modify, incorporate in
whole or in part in any other product or create derivative work based on all or any part of
the Software
c.
You may NOT remove any copyright, trademark, proprietary rights, disclaimer or warning
notice included on or embedded in any part of the Software
d.
You may NOT sell, license, sublicense or otherwise transfer the Software without the prior
written consent of the Olympus to function as an Appointed Distributor with respect to the
Software. Any Appointed Distributor shall ensure that the End User is not located in a state
or territory for which export restrictions exist under US, UK or other applicable laws and
shall assist Olympus as requested in documenting compliance.
3.
COPYRIGHT; RESTRICTED USE
. This Software is the property of Olympus or its suppliers and
protected by United States copyright laws and international treaty provisions. Therefore, you must treat the
Software like any other copyrighted material.
This product and documentation are provided on a RESTRICTED basis. Use, duplication, or disclosure by
the US Government is subject to restrictions set forth in Subparagraphs (c) (1) and (2) of the Commercial
Computer Software Restricted Rights at 48 CFR 52.227--19, as applicable.
4.
LIMITED WARRANTY
. Olympus warrants, for your benefit alone, for a period of sixty (60) days after
receipt by you, that the Software will conform in all material respects to the user documentation furnished
to you by Olympus. The sole responsibility of Olympus under this warranty will be, at its option, (1) to use
reasonable efforts to correct documented errors in the Software that are reported to it within the forgoing
warranty period or (2) to refund the License fee paid. Olympus and its suppliers do not warrant that the
Software will be error free, nor that all program errors will be corrected. This limited warranty does not
apply insofar as: (a) the Software is subjected to misuse, neglect, accident or exposure to environmental
conditions beyond those specified by Olympus and its suppliers; (b) claims resulting from acts or
omissions caused by persons other than Olympus or its suppliers or from products, material or software
not provided by Olympus or its suppliers; or (c) you use Software that does not include all updates
available from Olympus or its suppliers.