Nikon, License agreement, Nikon corporation. license agreement – Nikon AC-2WE User Manual

Page 4

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IMPORTANT - READ CAREFULLY BEFORE OPENING

By opening the sealed storage media package, you indicate your acceptance of the following

Nikon

License Agreement

Nikon Corporation. License Agreement

You should carefully read the Nikon License Agreement contained herein before opening the storage media package or breaking the seal on the

storage media. BY OPENING THE STORAGE MEDIA PACKAGE, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND ARE

AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. If you do not agree to the terms of this agreement, do not open the

storage media package or break the seal on the storage media. Promptly return within fifteen (15) working days from the date of delivery this

unopened package to the store (the authorized Nikon Dealer in the U.S.) where you obtained it for a full refund. If you decide to retain and use the

enclosed computer program and related documentation (“Nikon Software”), in consideration of the payment of the license fee, Nikon grants to you

a non-exclusive license to use the Nikon Software only under the terms stated in this agreement. This license is not a sale of the Nikon Software

and you do not become the owner of it. Nikon retains ownership of Nikon Software and all copies of it and reserves all rights not expressively

granted to you under this agreement. You only own the storage media on which the Nikon Software is recorded. This agreement constitutes the

complete and exclusive agreement between you and Nikon and takes the place of any prior agreement, oral or written, between us relating to the

Nikon Software.

1. License:

This license allows you to:

A.

Use the Nikon Software only on a single compatible personal computer. You must obtain a supplementary license from Nikon before using the

Nikon Software in connection with systems, multiple central processing units, computer networks, or emulations on a main frame or mini comput­

er.

B.

Make one copy of the Nikon Software in machine-readable form solely for back-up purposes. The Nikon Software is protected by copyright law.

You must reproduce on each copy the Nikon copyright notice and any other proprietary legends that were on the original copy.

C.

Transfer the Nikon Software and all rights under this license to another party together with a copy of this Agreement provided you give Nikon

written notice of conditions of this agreement.

2. Restrictions

Except as otherwise stated in this agreement, you may not make or distribute copies of the Nikon Software to others or electronically transfer the

Nikon Software from one computer to another over a network. The Nikon Software contains trade secrets and in order to protect them, you may

not decompile, reverse engineer, disassemble or otherwise reduce the Nikon Software to a human-perceivable form.

YOU MAY NOT MODIFY,

CHANGE, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE, NETWORK OR CREATE DERIVATIVE WORKS

BASED UPON THE NIKON SOFTWARE OR ANY PART THEREOF.

3. Term

This license is effective until terminated. This license will terminate automatically without notice from Nikon if you fail to comply with any provisions

of this license. Upon termination, you must destroy the Nikon Software and all copies thereof. You may terminate this license at any time by

destroying the Nikon Software and all copies thereof.

4. Foreign Export

You agree and certify that neither the Nikon Software nor any related technical data is being or will be shipped, transferred, or re-exported directly

or indirectly, into any country in any violation of any applicable export control laws, including, without limitation, the International Traffic In Arms

Regulations and the Export Administration Act. ----------------------------- --------- --------------------------------------------------------------------------------------------------------------------------------------

5. LIMITED WARRANTY AND LIMITATIONS OF WARRANTY AND LIABILITY

A.

NIKON WARRANTS THAT THE STORAGE MEDIA ON WHICH THE NIKON SOFTWARE IS RECORDED IS FREE FROM DEFECTS IN MATE­

RIAL AND WORKMANSHIP UNDER NORMAL USE AND CONDITIONS FOR A PERIOD OF NINETY (90) DAYS FROM DATE OF DELIVERY

TO THE ORIGINAL LICENSEE AS EVIDENCED BY THE ORIGINAL SHIPPING RECEIPT. DURING THIS PERIOD, IF THERE IS ANY

DEFECT IN MATERIAL OR WORKMANSHIP TO THE STORAGE MEDIA, RETURN IT TO THE STORE (THE AUTHORIZED NIKON DEALER

IN THE U.S.) WHERE YOU OBTAINED IT, TOGETHER WITH YOUR ORIGINAL SHIPPING RECEIPT, AND IT WILL BE REPAIRED OR

REPLACED FREE OF CHARGE.

B. THIS WARRANTY EXTENDS TO THE ORIGINAL LICENSEE ONLY AND IS NOT ASSIGNABLE OR TRANSFERABLE. THIS WARRANTY DOES

NOT APPLY TO ANY STORAGE MEDIA WHICH HAS BEEN SUBJECT TO MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED

OR REPLACED STORAGE MEDIA SHALL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR THIRTY

(30) DAYS, WHICHEVER IS LONGER. ALL WARRANTIES IMPLIED BY LAW ON THE STORAGE MEDIA, INCLUDING BUT NOT LIMITED TO

THE MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE ABOVE WARRANTY.

NIKON'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO REPAIR OR REPLACEMENT OF THE

STORAGE MEDIA ON WHICH THE NIKON SOFTWARE IS RECORDED.

C.

EXCEPT FOR THE LIMITED WARRANTY FOR THE STORAGE MEDIA ON WHICH THE NIKON SOFTWARE IS RECORDED AS SET FORTH

ABOVE, NIKON MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED. THE NIKON SOFTWARE IS PROVIDED “AS IS” WITHOUT

ANY WARRANTY OF ANY KIND, AND NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY

WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MER­

CHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT DOES NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS

OR AGENTS WARRANT THE PERFORMANCE OR THE RESULTS YOU MAY OBTAIN FROM THE NIKON SOFTWARE OR THAT THE NIKON

SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE NIKON SOFTWARE WILL BE UNINTERRUPTED AND

ERROR-FREE. IF THE NIKON SOFTWARE IS DEFECTIVE, YOU ASSUME ALL COSTS OF REPAIR OR SERVICING. IN NO EVENT SHALL

NIKON, ITS EMPLOYEES, DISTRIBUTORS, DEALERS, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL

OR INCIDENTAL DAMAGES, LOSSES, OR EXPENSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE LOSS OF PROFITS, BUSI­

NESS

INFORMATION,

OR

BUSINESS

INTERRUPTION

ARISING

OUT

OF

OH

RESULTING

FROM

THE

NIKON

SOFTWARE

HOWEVER

CAUSED, EVEN IF NIKON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.

D.

EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, NIKON SHALL HAVE NO LIABILITY OR RESPONSIBILITY OF ANY KIND

(INCLUDING LIABILITY FOR NEGLIGENCE) TO YOU OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LIABILITY, LOSS OR

DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY BY THE NIKON SOFTWARE SOLD, LICENSED, OR

FURNISHED BY NIKON UNDER THIS AGREEMENT, NOTWITHSTANDING THE ABOVE LIMITATION, NIKON'S LIABILITY OF ANY CLAIM OF

ANY KIND (INCLUDING NEGLIGENCE) FROM THE DELIVERY, LICENSE, OR USE OF THE NIKON SOFTWARE FURNISHED UNDER THIS

AGREEMENT SHALL IN NO CASE EXCEED THE FEE YOU PAID FOR THE NIKON SOFTWARE.

SOME JURISDICTIONS DO NOT ALLOW (A) LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR (B) THE EXCLUSION OR

LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SQ THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO

YOU. NIKON'S WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM

JURISDICTION TO JURISDICTION.

NIKON'S WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY LOCAL

LAWS.

6. General

If any provision of this agreement shall be determined to be invalid for any reason, the remaining provisions shall not be invalidated and shall remain

in full force and effect.

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