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- EASTMAN KODAK COMPANY
-
- SOFTWARE LICENSE AGREEMENT
-
- Read the following terms and conditions carefully before using the
- enclosed Software. Use of the Software within this package indicates
- your acceptance of these terms and conditions. If you do not agree
- with them, you should promptly return the package in its entirety
- and your money will be refunded.
-
-
- LICENSE
-
- 1. Grant of License. Eastman Kodak Company ("Kodak") grants you a
- license to use one copy of the enclosed software program(s) (the
- "Software") subject to the license restrictions set forth below.
-
- 2. Restrictions on Use. You may use the Software only on one
- computer at a time. For each additional computer on which the
- Software is running at the same time, you will need an additional
- licensed copy of the Software. You may copy the Software as
- necessary to enable you to use the Software as described above.
-
- 3. Transfer of the Software. You may permanently transfer the
- Software to another party if the other party agrees to accept the
- terms and conditions of this license and you retain no copies of the
- Software.
-
- 4. Copyright. The Software is owned by Kodak or its suppliers and is
- protected by copyright laws and international treaties. You may not
- copy the Software other than as expressly provided in this license.
- You may not reverse engineer, decompile, or disassemble the
- Software.
-
- 5. Term. This license is effective until terminated. You may
- terminate it at any time by destroying the Software together with all
- copies in any form. It will also terminate if you fail to comply with
- any term or condition of this Agreement. You agree upon such
- termination to destroy the Software together with all copies in any
- form.
-
-
-
- LIMITED WARRANTY
-
- For a period of 90 days after the date of delivery of the Software to
- you, as evidenced by a copy of your purchase receipt, Kodak
- warrants (i) the Software will perform substantially in accordance
- with the accompanying written materials, and (ii) the media on
- which the Software is furnished will be free from defects in
- materials and workmanship under normal use.
-
- Kodak does not warrant that the functions contained in the Software
- will meet your requirements or that the operation of the Software
- will be uninterrupted or error free. You assume responsibility for
- operation of the Software to achieve your intended results, and for
- the installation, use, and results obtained from the Software.
-
- Subject to any applicable legislation which prohibits the following
- exclusions, KODAK MAKES NO OTHER WARRANTIES OF ANY KIND,
- EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
- WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
- PARTICULAR PURPOSE. Some states and countries, including
- Australia, do not allow the exclusion of implied warranties, or have
- legislation that imposes certain statutory warranties that cannot be
- excluded, so the above exclusion may not apply to you. This
- warranty gives you specific legal rights and you may also have other
- rights.
-
-
- LIMITATION OF REMEDIES
-
- Subject to any applicable legislation which prohibits the following
- limitations, Kodak’s entire liability and your exclusive remedy shall
- be, at Kodak’s option, either (a) the repair or replacement of the
- Software or any media not meeting Kodak’s "Limited Warranty" that
- is returned to Kodak or your dealer with a copy of your receipt, or
- (b) the return of the price you paid for the Software, provided you
- have proof of the purchase price you paid. These remedies are not
- available if failure of the Software or media is the result of misuse,
- abuse, or a failure to follow the operating instructions in the
- accompanying written materials.
-
- IN NO EVENT WILL KODAK OR ITS SUPPLIERS OR DEALERS BE LIABLE
- TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES,
- INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER DAMAGES
- ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE,
- EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some
- states and countries, including Australia, do not allow the limitation
- or exclusion of liability for incidental or consequential damages, or
- have legislation which restricts the limitation or exclusion of liability,
- so the above limitation may not apply to you.
-
-
- GENERAL
-
- If the Software was purchased in the United States, this Agreement
- is governed by the laws of the State of New York. If purchased
- outside the United States, this Agreement is governed by the laws of
- the country in which it was purchased.
-
- If you have any questions, you may contact Kodak by writing to
- Eastman Kodak Company, Emerging Technologies Marketing Support,
- CD Imaging Products, 343 State Street, Rochester, NY 14653-5415,
- U.S.A.
-
-
- U.S. GOVERNMENT RESTRICTED RIGHTS
-
- The Software and documentation are provided with RESTRICTED
- RIGHTS. Use, duplication, or disclosure by the Government is subject
- to restrictions as set forth in subdivision (b)(3)(ii) of The Rights in
- Technical Data and Computer Software clause 252.227-7013.
- Contractor/manufacturer is Eastman Kodak Company, 343 State
- Street, Rochester, New York, 14650.
-
-
- EUROPEAN COMMUNITY PROVISIONS
-
- If this software is used within a country of the European Union,
- nothing in this Agreement shall be construed as restricting any rights
- available under the European Community Software Directive
- (91/250/EEC).
-