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 ENFORCEABLE 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 PRE-INSTALLING, THROUGH FLOPPY DISKS OR CD-ROM OR NETWORK.

BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

You shall purchase the software after trying.

You can use the software 30 days from installation of the software free of charge. You need to purchase license of the software from Olympus if you want use to use the software after expiration of the trial version. Please note that you shall not be able to use the software if you do not pay the license fees after expiration of the trial period of 30 days.

1. Software

All titles and rights to the Software are owned by OLYMPUS and its licensors. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

The name, version and quantity of the licenses granted, of the Software is as follows;

Software Name: CKX-CCSW

Quantity of Licenses: 1

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.

2. Conditions of Use

You can install the software only on one computer. However, in the case of using this software the following use form, you can install the software on three computers.

Use the form below:

• The self-use which does not receive the payments of the consideration by the individual, the educational institution, the government researcher and the NPO
• The use which is not a purpose of products created for profit use
• The use the purpose of which is not the offer of the commercial service
• The use which is not engaged in the commercial use, the person and the organization
• The use which does not have receiving fund giving from the commercial person and the organization

3. Restrictions

3.1  You may not alter, erase or deface any trademark, warning, copyright and other notice on the Software. 

3.2  Without OLYMPUS’ prior written consent, you may not copy or reproduce a whole or part of the Software, other than a single copy of the Software for archive purpose;
　　　and (ii) distribute a whole or part of the Software or such copy. 

3.3  You may not use the Software or any copy of the Software contrary to all terms and conditions in ARTICLE 2 and all other ARTICLES in this Agreement. 

3.4  Unless enforcement is prohibited by applicable law, you may not analyse, decompile, disassemble, derive information from, or otherwise reverse engineer
　　　the Software. 

3.5  You may not transform, adapt or modify, make a derivative work from a whole or part of the Software without OLYMPUS' prior written approval. 

3.6  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. 

3.7  You shall neither publish the software on Internet nor publish or disclose to a third party.

4. Limited Warranty

4.1  OLYMPUS warrants to you that, for a period of ninety (90) days from the date of purchase, the Software is free from substantial and physical errors or defects that will
　　　materially interfere with the operation or functions of the Software and will perform substantially as described in the manuals or other document accompanying
　　　the Software.
　　　OLYMPUS' and its suppliers' entire liability and your exclusive remedy shall be repair or replacement of the Software that does not meet the above limited warranty,
　　　provided that such Software shall be returned to OLYMPUS or its suppliers with a copy of your receipt. The warranty period for the repaired or replaced Software
　　　shall be ninety (90) days from the date of its receipt.

4.2  EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY SECTION 4.1 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, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE
　　　INVALID.

4.3  TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT 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, EVEN IF OLYMPUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will OLYMPUS' liability to you,
　　　whether in contract, tort (including negligence), or otherwise, exceed the amount paid for the Software by you for the Software under the terms and conditions of
　　　this Agreement. The foregoing limitation will apply even if the above stated warranty fails of its essential purpose.

4.4  The Software may include (i) some open source software and (ii) other third party software (collectively, "Third Party Software").
　　　Regarding the use of the Third Party Software, you shall follow the license terms and conditions applied to such Third Party Software.
　　　Any part of this Agreement does not restrict, change or alter any of your rights and obligations imposed by the license terms and conditions of the Third Party
　　　Software.

5. Termination of the Agreement

5.1  Without prejudice to any other rights, OLYMPUS may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement,
　　　provided that your obligations hereunder will survive the termination. In case of the termination of this Agreement, you must immediately cease to use the Software
　　　and destroy all of the Software and its copies.

5.2  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.

6. Governing Law and Venue

This Agreement shall be governed by, performed under and construed in accordance with the laws of Japan and with regard to any related legal action, you agree to exclusive jurisdiction and venue in courts in Tokyo, Japan.

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