Important, Notice, End user license agreement – FujiFilm FINEPIX EX3.1 User Manual

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IMPORTANT

Be sure to read this page before using the Software.

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 and Mac OS are registered trademarks of Apple Computer, Inc.
• QuickTime and the QuickTime logo are trademarks used under license. The QuickTime logo is

registered in the U.S. and other countries.

• Adobe Acrobat

®

Reader™, ActiveShare™ and PhotoDeluxe are trademarks of Adobe Systems

Incorporated of the U.S.

• SmartMedia™ is a trademark of Toshiba Corporation.
• VideoImpression™ is a trademark of ArcSoft, Inc.
• All other company or product names are trademarks or registered trademarks of the respective

companies.

a

Do not attempt to play the CD-ROM enclosed with this product on
an audio CD player. Doing so could damage your hearing or could
damage your speakers or headphones.

This End User License Agreement (“Agreement”) is an agreement between Fuji Photo Film Co., Ltd.
(“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 Agreement.

1. Definitions.

(a) “Media” means the CD-ROM titled “Software for FinePix EX” 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.

FUJIFILM 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 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.

4. Ownership.

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 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 OF ANY THIRD PARTY, MARCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

NOTICE

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

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.

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.

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