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1995-04-10
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5KB
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94 lines
EASTMAN KODAK COMPANY
SOFTWARE LICENSE AGREEMENT
Single-Disc Version 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.
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 termination. 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 the
Software will perform substantially in accordance with the accompanying
operating instructions, and, if this Software is provided on media
manufactured by Kodak, Kodak also warrants that the media on which the
Software is furnishedwill 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 the repair or replacement of the Software or any media not meeting
Kodak's Limited Warranty that is returned to the publisher of this disc
with a copy of your receipt. This remedy is 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 should contact
the publisher of the disc on which this Software was distributed.
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).