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I
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BEFORE OPENING THE CD-ROM
PROVIDED BY FUJIFILM
CORPORATION_ PLEASE READ THIS
END USER LICENSE AGREEMENT CAREFULLY. YOU SHOULD USE THE SOFTWARE ON THE CD-
BOM
ONLY IF YOU CONSENT TO THIS AGREEMENT. BY OPENING THE PACKAGE_ YOU ACCEPT
AND AGREE TO RE ROUND BY THIS AGREEMENT,
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This End User License
Agreement
("Agreement")
is an agreement
between
FUJIFILM
Corporation
("FUJlFILM")
and you,
which
sets forth
the
terms
and
conditions
of the
license
granted
for you to use the
software
provided
by FUJlFILM
The CD ROM contains
third
party software
in case a separate
agreement
is provided
by a third
party suppliel
for
its software,
the
provisions
of such separate
agreement
shall
apply
to
the
use of such
third
palty
software,
prevailing
over
those
of this
Agreement
1,
Definitions,
(a)
"Media"
means
the CD ROM titled
"Software
_r
FinePix"
which
is provided
to
you together
with
this Ag reement.
(b)
"Software"
means
the software
which
is recorded
on Media
(c)
"Documentation"
means
the
operation
manuals
of
Software
and
other
related
written
materials
which
ale provided
to you together
with
Media
(d)
"Product"
means
Media
(including
Softwale)
and
Documentation
collectively
2.
Use of Software.
FUJlFILM
grants
to you
a nontransferable,
nonexclusive
license:
(a)
to install
one
copy
of
Software
onto
one
computer
in binaly
machine
executable
form;
(b)
to use Software
on the computer
onto
which
Softwale
is installed;
and
(c)
to make
one
backup
copy
of Softwale
3,
Restrictions,
31
You shall
not
distribute,
rent, lease
or otherwise
transfer
all or any part
of
Softwale,
Media
or Documentation
to any
third
party
without
FUJlFILM's
prior
written
consent
You
also
shall
not
sublicense,
assign
or otherwise
transfer
all or any part
of the
rights
granted
to you by FUJlFILM
under
this
Agreement
without
FUJlFILM's
prior
wlitten
consent
32
Except
as explessly
granted
by FUJlFILM
hereunder,
you
shall not
copy
or
reproduce
all or any part of Software
or Documentation
4.
Ownership.
All copyrights
and
other
proprietary
rights
to Software
and
Documentation
are
owned
and
retained
by FUJlFILM
or the third
pally
suppliers
as indicated
on or
in Software
or
Documentation
Nothing
contained
herein
shall
be constlued,
explessly
or implicitly,
as transferring
or granting
any right, license,
or title to you
othel
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,
FUJlFILM
shall replace
such
defective
Media
with
other
Media
bearing
no defect
FUJlFILM's
entire
liability
and
your
sole and
exclusive
remedy
with
regard
to any defect
in Media
shall be expressly
limited
to such
FUJlFILM's
replacement
of Media
as provided
herein
6,
DISCLAIMER OF WARRANTY,
EXCEPT AS PROVIDED
IN SECTION
S HEREIN, FUJlFILM
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 MATIERS,
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
33
You shall
not
modi_,
adapt
or translate
Software
or Documentation.
You
10. Term.
also shall not
alter
or remove
copyright
and
other
proprietary
notices
that
appear
on or in Software
or Documentation
34
You shall not,
or shall not
have any third
party, leverse
engineer,
decompile,
or disassemble
Software
FUJIFIIM
FUJIFILM Corporation
7-3, AKASAKA
9-OHOME,
MINATO-KU,
TOKYO
107-0052.
JAPAN
http://www.fujifilm.com/products/digital_cameras/index.html
This Ag reement
is effective
until the date
when
you cease
to use Softwale,
unless
eallier
terminated
in accordance
with
Section
g hereof
11, Obligation
upon termination,
Upon
termination
or
expiration
of this
Agreement,
you
shall,
at youl
own
responsibility
and expense,
delete
or destroy
immediately
all Softwale
(including
its copies),
Media
and
Documentation
12. Governing Law.
This Agreement
shall be governed
by and
construed
in accordance
with
laws of
Japan
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