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 to the place where you purchased it, 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 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.
6. Limited License to Replicate. If this Software was delivered to you by an authorized licensee of Kodak on compact disc media (i.e. either a Kodak Photo CD disc or other CD-R (CD Recordable) or CD-ROM (XA) disc) (hereafter referred to as the "Source Disc"), you have additional limited rights, as described below, to copy this Software when making copies of the Source Disc. Kodak grants you a license to copy this Software from the Source Disc onto other Photo CD discs, CD-R discs or CD-ROM discs (the "Target Discs"), and to distribute those Target Discs, provided that (i) you have first obtained all necessary rights to copy all of the other contents of the Source Disc, (ii) every Target Disc you create contains a copy of the entire contents of the Source Disc, (iii) you distribute a copy of this software license agreement, in either electronic or printed form, with every Target Disc you distribute, and (iv) you agree to refund the purchase price of the Target Disc to any person purchasing the disc from you, either directly or indirectly, who asks for a return of the purchase price in accordance with the first paragraph of this license agreement.
LIMITED WARRANTY
The Software is warranted "AS IS". 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.
LIMITATIONS OF REMEDIES
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.
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 Community, nothing in this Agreement shall be construed as restricting any rights available under the European Community Software Directive, O.J. Eur. Comm. (No. L. 122) 42 (1991).
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 to the place where you purchased it, 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 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.
6. Limited License to Replicate. If this Software was delivered to you by an authorized licensee of Kodak on compact disc media (i.e. either a Kodak Photo CD disc or other CD-R (CD Recordable) or CD-ROM (XA) disc) (hereafter referred to as the "Source Disc"), you have additional limited rights, as described below, to copy this Software when making copies of the Source Disc. Kodak grants you a license to copy this Software from the Source Disc onto other Photo CD discs, CD-R discs or CD-ROM discs (the "Target Discs"), and to distribute those Target Discs, provided that (i) you have first obtained all necessary rights to copy all of the other contents of the Source Disc, (ii) every Target Disc you create contains a copy of the entire contents of the Source Disc, (iii) you distribute a copy of this software license agreement, in either electronic or printed form, with every Target Disc you distribute, and (iv) you agree to refund the purchase price of the Target Disc to any person purchasing the disc from you, either directly or indirectly, who asks for a return of the purchase price in accordance with the first paragraph of this license agreement.
LIMITED WARRANTY
The Software is warranted "AS IS". 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.
LIMITATIONS OF REMEDIES
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.
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 Community, nothing in this Agreement shall be construed as restricting any rights available under the European Community Software Directive, O.J. Eur. Comm. (No. L. 122) 42 (1991).
