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IMPORTANT
Be sure to read this page before using the Software.
BEFORE OPENING THE PACKAGE OF CD-ROM PROVIDED BY FUJI PHOTO FILM CO., LTD.,
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. ONLY IF YOU DO
AGREE TO THIS AGREEMENT, YOU WILL BE ABLE TO 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 Fuji Photo Film Co., Ltd.
("Fuji") and you, which sets forth the terms and conditions of the license granted for you to use the
software provided by Fuji.
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 "Utilities for Fujifilm Digital Camera" 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.
Fuji 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.
3.1 You shall not distribute, rent, lease or otherwise transfer all or any part of Software, Media or
Documentation to any third party without Fuji's prior written consent. You also shall not sublicense,
assign or otherwise transfer all or any part of the rights granted to you by Fuji under this Agreement
without Fuji's prior written consent.
3.2 Except as expressly granted by Fuji 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, decompile, or disassemble
Software.
4. Ownership.
All copyrights and other proprietary rights to Software and Documentation are owned and retained by
Fuji 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.
Fuji 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,
Fuji shall replace such defective Media with other Media bearing no defect. Fuji's entire liability and your
sole and exclusive remedy with regard to any defect in Media shall be expressly limited to such Fuji's
replacement of Media as provided herein.
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NOTICE
6. DISCLAIMER OF WARRANTY.
EXCEPT AS PROVIDED IN SECTION 5 HEREIN, FUJI PROVIDES PRODUCT "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. FUJI 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, MARCHANTABILITY, OR FITNESS
FOR ANY PARTICULAR PURPOSE.
7. LIMITATION OF LIABILITY.
IN NO EVENT SHALL FUJI 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 FUJI 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, Fuji 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.
Do not attempt to play the CD-ROM enclosed with this product on
a
an audio CD player.
Doing so could damage your hearing or could damage your
speakers or headphones.
Please note that this Guide is written on the assumption that you already have a basic
understanding of how to use your PC (personal computer), Windows and Macintosh.
For basic information on using your PC, Windows and Macintosh, refer to the respective
manuals supplied with your PC.
• Microsoft and Windows are trademarks of the Microsoft Corporation of the U.S. registered in
the U.S. and other countries.
Windows is an abbreviated term referring to the Microsoft Windows Operating System.
• Macintosh, iMac, Mac OS and QuickTime™ are registered trademarks of Apple Computer,
Inc.
• Adobe Acrobat and PhotoDeluxe are trademarks of Adobe Systems Incorporated of the
U.S.
• SmartMedia™ is a trademark of Toshiba Corporation.
• All other company or product names are trademarks or registered trademarks of the
respective companies.
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