7-3, AKASAKA 9-CHOME, MINATO-KU, TOKYO 107-0052, JAPAN
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-
ROM ONLY IF YOU CONSENT TO THIS AGREEMENT. BY OPENING THE PACKAGE, YOU ACCEPT
AND AGREE TO BE BOUND BY THIS 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
(a) “Media” means the CD-ROM titled “Software for FinePix” 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
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
(b) to use Software on the computer onto which Software is installed; and
(c) to make one backup copy of Software.
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 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.
3.4 You shall not, or shall not have any third party, reverse-engineer, decompile,
or disassemble Software.
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
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
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.
In case you breach any of the terms and conditions hereof, FUJIFILM may
immediately terminate this Agreement without any notice.
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
IMPORTANT NOTICE: Read Before Using the Software
End User License Agreement