OLYMPUS END-USER LICENSE AGREEMENT IMPORTANT-CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT BELOW BEFORE USING THE SOFTWARE. |
THIS IS A VALID AND LEGALLY ENFORECEABLE AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND OLYMPUS CORPORATION ("OLYMPUS"). THE SOFTWARE INCLUDES OLYMPUS' COMPUTER PROGRAM, ASSOCIATED PRINTED MATERIALS, DATA AND INFORMATION, WHICH ARE PROVIDED BY A VARIOUS WAY INCLUDING BUT NOT LIMITED TO PREINSTALLING, THROUGH FLOPPY DISKS OR CD-ROM OR NETWORK. BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE SOFTWARE (the "Downloading"), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. ARTICLE 1. SOFTWAREE The Software may be modified or enhanced by Olympus or its licensors for debugging, upgrading or any other purposes. The Software shall contain such modified or enhanced version of the Software to that originally acquired by you. You can only use either the previous version or the modified or enhanced version and cannot use both of the versions. ARTICLE 2. CONDITIONS OF USE (1)While using/operating the Software on the screen of the personal computer, do not cut off the power supply for it and/or do not shut down the Software without (irrespective of) an appropriate procedure(s) required. (2)While using/operating the Software on the screen of the personal computer, do not start/run any application software other than the Software. (3)While using/operating any application software other than the Software on the screen of the personal computer, do not start/run the Software. ARTICLE 3. TRANSFER ARTICLE 4. RESTRICTIONS (2) You may not transform, adapt or modify, make a derivative work from a whole or part of the Software without Olympus' prior written approval. (3) You may not reproduce or distribute a whole or part of the Software without Olympus' prior written approval. (4) You may not analyze, decompile, disassemble, derive information from, or otherwise reverse engineer the Software. (5) You agree that the Software is subject to the export control laws and regulations of Japan, U.S.A. and other competent countries. You shall follow any such applicable export control laws and regulations of Japan, U.S.A. and other countries. (6) You may not alter, erase or deface any trademark, warning, copyright and other notice on the Software. ARTICLE 5. LIMITED WARRANTY (2) EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY SECTION ABOVE, THE SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE.
(3) NEITHER OLYMPUS NOR ITS SUPPLIERS SHALL BE HELD TO ANY LIABILITY FOR ANY DAMAGES SUFFERED OR INCURRED BY YOU OR ANY OTHER THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SOFTWARE.
(2) You can terminate this Agreement by ceasing the use of the Software, destroying all of the Software and its copies and notifying Olympus of such termination, provided that your obligations hereunder will survive the termination. ARTICLE 7. GOVERNING LAW AND VENUE |