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IMPORTANT
Be sure to read this page before using the software.
NOTICE
BEFORE OPENING THE CD-ROM PROVIDED BY FUJIFILM
Corporation, PLEASE READ THIS END USER LICENSE AGREEMENT
CAREFULLY. ONLY IF YOU AGREE WITH THIS AGREEMENT,
SHOULD YOU 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
FUJIFILM Corporation (“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 CX”- 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.
3.1You 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.
3.2Except 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.
3.4You 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, MERCHANTABILITY,
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.