006-240-60 2007.03
EULA TERMS FOR MICROSOFT WINDOWS® XP EMBEDDED RUNTIME LICENSES
You have acquired a device (“DEVICE”) that includes software licensed by [
FUJIFILM Corporation
] from Microsoft Licensing, GP or its affiliates
(“MS”). Those installed software products of MS origin, as well as associated media, printed materials, and “online” or electronic documenta-
tion (“SOFTWARE”) are protected by international intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
All rights reserved.
IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT (“EULA”), DO NOT USE THE DEVICE OR COPY THE SOFTWARE.
INSTEAD, PROMPTLY CONTACT [
FUJIFILM CORPORATION
] FOR INSTRUCTIONS ON RETURN OF THE UNUSED DEVICE(S) FOR A
REFUND.
ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE DEVICE, WILL CONSTITUTE YOUR
AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY PREVIOUS CONSENT).
GRANT OF SOFTWARE LICENSE.
This EULA grants you the following license:
• You may use the SOFTWARE only on the DEVICE.
•
NOT FAULT TOLERANT.
THE SOFTWARE IS NOT FAULT TOLERANT. [
FUJIFILM CORPORATION
] HAS INDEPENDENTLY DETERMINED
HOW TO USE THE SOFTWARE IN THE DEVICE, AND MS HAS RELIED UPON [
FUJIFILM CORPORATION
] TO CONDUCT SUFFICIENT
TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE.
• NO WARRANTIES FOR THE SOFTWARE.
THE SOFTWARE is provided “AS IS” 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 SOFTWARE OR AGAINST
INFRINGEMENT.
IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE DEVICE OR THE SOFTWARE, THOSE WARRANTIES
DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, MS.
• 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. IN NO EVENT SHALL MS BE LIABLE FOR ANY AMOUNT IN EXCESS OF U.S. TWO HUNDRED FIFTY DOLLARS
(U.S.$250.00).
•
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 notwithstanding 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 Device, 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 SOFTWARE is of US-origin. You agree to comply with all applicable international and
national laws that apply to the SOFTWARE, including the U.S. Export Administration Regulations, as well as end-user, end-use and
country destination restrictions issued by U.S. and other governments. For additional information on exporting the SOFTWARE, see
http://www.microsoft.com/exporting/.
•
Limited Use of Particular SOFTWARE Services.
Provided that the DEVICE continues to comply with the terms of the “Restricted
Functionality” paragraph below, without limiting the number of computers or other electronic devices that might connect to the DEVICE to
access or utilize other software or SOFTWARE services on the DEVICE, you may permit a maximum of ten (10) computers or other
electronic devices to connect to the DEVICE to utilize the services of the SOFTWARE for (a) file and print services, (b) internet information
services, and/or (c) remote access (including connection sharing). The ten (10) connection maximum includes any indirect connections
made through “multiplexing” or other software or hardware which pools or aggregates connections.
• If you use the DEVICE to access or utilize the services or functionality of Microsoft Windows Server products (such as Microsoft Windows
NT Server 4.0 (all editions) or Microsoft Windows 2000 Server (all editions)), or use the DEVICE to permit workstation or computing
devices to access or utilize the services or functionality of Microsoft Windows Server products, you may be required to obtain a Client
Access License for the Device and/or each such workstation or computing device. Please refer to the end user license agreement for your
Microsoft Windows Server product for additional information.
•
Restricted Deployment.
The SOFTWARE is not designed or intended for use or resale in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, or other devices
or systems in which a malfunction of the SOFTWARE would result in foreseeable risk of injury or death to the operator of the device or
system, or to others.
•
Restricted Functionality.
You are licensed to use the SOFTWARE to provide only the limited functionality (specific tasks or processes) for
which the DEVICE has been designed and marketed by [
FUJIFILM Corporation
]. This license specifically prohibits any other use of the
SOFTWARE, or inclusion of additional software programs or functions, on the DEVICE. Subject to the terms of the “Limited Use of
Particular Services” paragraph above, you may use the SOFTWARE on the DEVICE to interact with other computers or electronic devices.
•
Maximum Number of Processors.
The SOFTWARE may not be used by more than two (2) processors at any one time on the DEVICE.
•
Remote Boot Feature.
Your DEVICE may be enabled with a Remote Boot feature which includes Remote Boot Installation Services tool.
You may use the Remote Boot Installation Services tool only to deploy the SOFTWARE to one or more DEVICEs on which you are licensed
to run the SOFTWARE (i.e. DEVICEs to which the appropriate Certificate of Authenticity is affixed). Please refer to the DEVICE
documentation, if provided with your DEVICE, or contact [
FUJIFILM Corporation
] for additional information.
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