Table of Contents
Advertisement
(8) Fuji shall have the right to direct a recognized accounting firm to conduct, during
normal business hours, an audit of (and to copy) the appropriate records of the licensee to verify
the number of copies of the Software in Use by the licensee, the computer systems on which
such copies are installed and in the case of limited user licenses, the number of users using such
copies. Representatives of the auditing firm shall protect the confidentiality of the licensee's
Confidential Information and abide by the licensee's reasonable security regulations while on
licensee's premises. If the number of copies or users is found to be greater that that contracted
for or the computer system on which the Software is in use differs from the computer system for
which license rights have been granted to the licensee, the licensee shall be invoiced for the
additional copies, users or computer systems at triple the prices quoted in the then current price
list of Fuji. The additional license fees shall be payable within (30) days of such an invoice;
(9) The licensee shall not release the results of any benchmark of the Software to any
third party without the prior written approval of Fuji for each such release.
(10) Licensee acknowledges its responsibility to (i) regularly back-up data maintained on
any computer system using the Software, and (ii) adequately test prior to deployment each
production version of the Software in a configuration which reasonably simulates licensee's
planned production environment.
(11) The licensee agrees not to make copies of the manuals accompanying the Software.
(12) If Licensee is an agency of the U.S. government, the Software is provided with
"Restricted Rights" and that its use, duplication or disclosure is governed by DFARS 252.227-
7103 (c)(1)(ii) or FAR 52.227-19, as applicable.
(13) THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. The entire risk as to the quality and the performance of the Software is with the
licensee, should the Software prove to be defective in any way. The licensee assumes the entire
cost of all necessary servicing and repair. Should any of the above exclusions of warranties or
the following limitation of liability be determined by a court to be unenforceable, the liability, if
any, of Fuji and the licensee's sole and exclusive remedy for damages for any claim of any kind
whatsoever concerning its use of the Software regardless of legal theory, shall not be greater than
the license fee which the licensee paid for the Software. In no event will Fuji be liable to the
licensee for any general, special, direct, indirect, incidental or consequential damages of any kind
for any reason whatsoever as a result of or in connection with the Software and/or its
documentation.
11/11/99
FUJI MEDICAL SYSTEMS U.S.A., INC.
LICENSE AGREEMENT CONTINUED
Page 2 of 2
Advertisement
Chapters
Table of Contents
