Important - FujiFilm FinePix Z5fd Owner's Manual

I IMPORTANT
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BEFORE OPENING THE CD-BOM 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.
This End User License Agreement ("Agreemenf') is an agreement between
FUJIFILM Corporation ("FUJIFILM") and you, which sets forth the ternls
and conditions of the license granted for you to use the software provided
by FUJIFILM.
The CD-ROM contains third perly software. In case a separate agreement
is provided by a third paCy 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) "Docunlentation" 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 nlachine
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 FUJ IFILM 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,
deoornpile, or disassemble Software.
Be sure to read this page before using the software.
4. Ownership.
All copyrights and other proprietary dghts to Software ar,d Documentation are
owned and retained by FUJIFILM or the third party suppliers as ir'dicated o_i
or in Software or Documentation. Nothing contained herein shall be
construed, expressly or implicitly, as transferring or granting &qy 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 you r 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 OFANY 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 tMs Agreement wghout any notice.
10.Term,
This Agreement is effective until the date when you cease to use
Software, unless eadier terminated in accordance with Section 9 hereof.
11.Obligation upon termination.
Upon termination or expiration of this Agreement, you edall, at you r 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.