UC90 Firmware Licence Agreement

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 SOFT IMAGING SOLUTIONS GmbH (HEREINAFTER REFERRED TO AS "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. SOFTWARE
All titles and rights to the Software (defined below) 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 Product Name: UC90 Firmware Update Program
(Ver. 1.36.0 to ver. 1.50.0)
 

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
Since the Software is for renewal of version towards software as well as firmware installed, you shall comply with three (3) conditions below of using the Software. In the event that you violate even one of such conditions (the "Violation"), Olympus shall not be responsible for any loss and/or damage incurred by the Violation.

(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
You may permanently transfer all of your rights under this Agreement only if the recipient agrees to the terms and conditions of this Agreement and you destroy and will not keep any copies of the Software in your possession.

ARTICLE 4. RESTRICTIONS
(1) 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.

(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
(1) Under and subject to the terms and conditions hereunder, Olympus warrants, for ninety (90) days after Downloading, that any original master disk or back up media on which the Software is stored is free from substantial and physical errors or defects that will materially interfere with the operation or functions of the Software; provided, however, that Olympus' liability hereunder shall in no event exceed the amount of One Hundred (100) United States Dollars (US$100-).

(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.

ARTICLE 6. TERMINATION OF THE AGREEMENT
(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.

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