Device Construction Equipment Conclude Person License Agreement
Please learn this License Agreement fastidiously sooner than putting in FUJIFILM X Series/GFX System Digital Camera Management Device Construction Equipment along side all connected documentation and specifications, and upgrades and revisions thereto (collectively the “SDK”) furnished by FUJIFILM Corporation (“Fujifilm”). By clicking the “Agree” button on this internet location, you compromise to be lope by this Agreement.
1.1 “Product(s)” technique Fujifilm’s digital easy camera instrument(s) that shall be managed by a pc(s).
1.2 “Library” technique the article code library kept within the “REDISTRIBUTABLE” folder contained in SDK for controlling the Merchandise or connecting Merchandise with a pc(s).
1.3 “Digital Imaging System” technique digital imaging plan/utility instrument, which you have, that has the characteristic of controlling the Merchandise from a pc(s).
1.4 “Construction” technique the improvement, have, or take a look at of the Digital Imaging System.
1.5 “Buyer” technique your customer to whom you sell, license, provide or distribute the Digital Imaging System.
2 LICENSE GRANT
Subject to the terms and prerequisites of this Agreement, Fujifilm hereby grants to you a limited, non-engrossing, non-transferable, and royalty-free license to;
(a) employ, adjust and have a limited different of copies of the SDK entirely for the cause of the Construction;
(b) sell, sublicense, provide, or distribute the Library and any modified or merged version thereof to the Buyer ONLY within the create of being integrated into the Digital Imaging System in object code layout; provided that you just shall impose substantially the identical obligations below this Agreement on such Buyer and will seemingly be accountable to your Buyer’s efficiency and compliance; and
(c) subcontract the total of or a chunk of the Construction to any third party subcontractor and sublicense your rights licensed pursuant to the Article 2 (a) to the extent primary for the Construction; provided that you just shall impose substantially the identical obligations below this Agreement on such subcontractor and will seemingly be accountable for the subcontractor’s efficiency and compliance.
3 RESTRICTIONS ON USE
3.1 You settle and acknowledge that Fujifilm may perchance also merely toughen the Library (to be made on hand on Fujifilm’s internet location or every other technique Fujifilm specifies) at its own discretion. When Fujifilm upgrades the Library in issue to fix its bugs or errors, you shall promptly toughen the Library within the Digital Imaging System.
3.2 You shall provide technical reinforce of the Digital Imaging System to the Buyer, if any, at your individual costs and responsibility and shall have the Buyer fully trace that Fujifilm and Fujifilm’s associates raise out now not provide any Digital Imaging System nor any reinforce thereof.
3.3 You shall employ the SDK ONLY for the cause expressly granted in Article 2 and shall now not employ it for every other cause.
3.4 Below no conditions may perchance also merely you use, adjust, reproduction, reproduce, adapt, translate, rent, rent, mortgage, sell, provide, switch, distribute, transmit or sublicense the SDK, in entire or in piece, in any formulation, or for any cause as a substitute of these expressly granted within the Article 2 above.
3.5 You shall now not (and shall now not allow others), to reverse engineer, reverse compile, or disassemble the SDK in any technique(in entire or in piece); and also you shall now not (and shall now not allow others) to make employ of any technique to hint, decompile, or disassemble the SDK.
3.6 You shall employ the SDK for civil (non-military) employ most enthralling and by no technique employ the SDK for military employ or for the improvement or the accomplish of weapons of mass destruction(resembling nuclear, biological or chemical weapons and missiles) and frail weapons.
3.7 You shall now not export the SDK in violation of the Foreign Alternate and Foreign Commerce Act, Export Commerce Management Explain, Foreign Alternate Management Explain, US Export Administration Regulations (along side re-export legislation), or every other issue concerning to export clutch watch over. You shall follow all applicable regulations, rules, principles, or regulatory orders of any relevant jurisdiction.
3.8 You shall now not incorporate into the Library or the Digital Imaging System any “encourage door,” “drop dull instrument,” “time bomb,” “Bug,” “virus,” or “worm” (as such terms are regularly understood within the instrument industry) or every other the same code, data, scripts, brokers, applications, instrument routine or instructions which designed or intended to disrupt, disable, trouble or otherwise hinder in any formulation the operation of the Library or any instrument or plan owned or managed by you or any third party, or which otherwise may perchance also merely trouble or execute any knowledge or file.
3.9 You shall now not employ the SDK inappropriately or initiate air its defined cause, and also you shall now not field the SDK to any initiate supply license prerequisites resembling these location forth in GNU Fashioned Public License (GPL) and GNU Lesser/Library GPL (LGPL).
4 TITLE AND OWNERSHIP
You settle and acknowledge that Fujifilm or its licensor, if any, retains title to and ownership of the SDK and all proprietary knowledge or alternate secrets contained in it. No title to the intellectual property within the SDK is transferred to you below this Agreement. You shall now not alter or clutch copyright or every other proprietary notices that appear on or within the SDK.
5 LIMITED WARRANTY AND INDEMNIFICATION
5.1 THE SDK IS FURNISHED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. FUJIFILM MAKES NO REPRESENTATION OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR BY STATUTE, AS TO ANY MATTERS INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT OF PATENTS, COPYRIGHTS, TRADE SECRETS, OR ANY OTHER RIGHTS OF A THIRD PARTY, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU SHALL SOLELY ASSUME ALL RESPONSIBILITIES AND RISKS FOR THE PERFORMANCE OR RESULTS THAT ANY PARTY MAY OBTAIN BY USING THE SDK ALONE OR IN COMBINATION WITH OTHER SOFTWARE OR PROGRAMS.
5.2 YOU AGREE AND ACKNOWLEDGE THAT, ONCE A PRODUCT IS USED OR CONTROLLED BY OR THROUGH THE DIGITAL IMAGING SYSTEM, SUCH PRODUCT SHALL BE OUT OF SUCH MANUFACTURER-WARRANTY WITH RESPECT TO THE PRODUCT AS SEPARATELY SPECIFIED BY FUJIFILM, FUJIFILM’S AFFILIATES, OR THEIR BUSINESS PARTNERS.
5.3 BEFORE SELLING, LICENSING, PROVIDING OR DISTRIBUTING THE DIGITAL IMAGING SYSTEM TO YOUR CUSTOMER (IF ANY), YOU SHALL EXPLAIN AND MAKE SUCH CUSTOMER FULLY UNDERSTAND THE WARRANTY-EXCEPTION SET FORTH IN THE PRECEDING PARAGRAPH.
5.4 Within the tournament you trigger trouble to the Buyer or every other third party concerning to the SDK or the Digital Imaging System, or may perchance also merely easy any dispute come Up between you and Buyer or every other third party, you shall resolve them at your individual costs and responsibility without any trouble or claim to Fujifilm or Fujifilm’s associates.
5.5 Probabilities are you’ll fully indemnify and withhold Fujifilm risk free from, and may perchance also merely shield or settle, at your choice and expense, any and all causes of circulate, claims, liabilities, costs, losses, damages, costs and attorney’s expenses brought against Fujifilm, its associates, subsidiaries, brokers, servants, staff or contractors: (i) that the employ of any Digital Imaging System violates the intellectual property rights of any third party or a claim by a 3rd party, (ii) touching on any defect or product liability claim concerning to any Digital Imaging System, along side, without limitation, claims for interior most trouble or property trouble or (iii) that arises out of or pertains to your breach of any provision on this Agreement.
6 LIMITATION OF LIABILITY
IN NO EVENT SHALL FUJIFILM BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING DAMAGES FOR LOST PROFITS OR LOST SAVINGS) FOR ANY REASON WHATSOEVER AS A RESULT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SDK EVEN IF FUJIFILM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7 TERM AND TERMINATION
7.1 Within the tournament you breach any of the terms and prerequisites of this Agreement, Fujifilm may perchance also merely straight finish this Agreement without any gape to you.
7.2 This Agreement shall become fantastic at the time you download the SDK and remain in attain except when (a) Fujifilm terminates pursuant to the Article 7.1 or (b) you stop the utilization of the SDK and all copies thereof, whichever is earlier.
7.3 However the foregoing, the Articles 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9, 4, 5, 6, 7.3, 7.4, 8 and 10 shall continue to exist the termination of this Agreement.
7.4 You settle that, upon termination of this Agreement, you shall straight (a) execute the SDK and all digital / analog copies thereof and (b) stop offering, sublicensing or distributing of the Digital Imaging System.
Probabilities are you’ll also merely provide solutions, comments, response or other solutions (“Suggestions”) to Fujifilm with appreciate to the SDK on a voluntary basis. You settle and acknowledge that any Suggestions, despite the indisputable truth that designated as confidential by you, may perchance also now not be deemed to be confidential or have any confidential duty on Fujifilm. Fujifilm will seemingly be free to make employ of, exploit, expose, reproduce, license, switch, alter, adjust, or otherwise distribute any of the Suggestions without any duty or restriction.
Fujifilm may perchance also merely amend this Agreement time to time with notification on its internet location or every other technique Fujifilm designates at its own discretion. Would possibly perchance presumably hold to you raise out now not accept as true with such modification, you shall straight stop the utilization of the SDK. At the time you use the SDK after such an modification, you’ll seemingly be deemed to hold agreed to such modification.
10.1 Entire Agreement. This Agreement constitutes the total agreement between you and Fujifilm and supersedes all prior communications, statements and agreements, written or oral, with appreciate to the SDK.
10.2 No Assignment. You shall now not build or delegate this Agreement, in entire or in piece, or any honest or duty hereunder without the prior written consent of Fujifilm.
10.3 Governing Felony pointers and Arbitration. This Agreement will seemingly be governed by and construed basically based on the regulations of Japan. All disputes, controversies or variations that may perchance also merely come Up between you and Fujifilm, out of or in the case of or in reference to this Agreement which may perchance now not be amicably settled will seemingly be at final settled by arbitration in Tokyo, Japan basically based on the Industrial Arbitration Ideas of the Japan Industrial Arbitration Affiliation. The award rendered by the arbitrator(s) will seemingly be closing and binding upon you and Fujifilm.
10.4 Severability. If it’s obvious that any provision of this Agreement is invalid or unenforceable, such invalidity or unenforceability shall now not render this Agreement invalid or unenforceable as a entire or hold an set on the validity or unenforceability of every other provisions, and such provision will seemingly be modified and interpreted in issue to finest raise out the scheme of such provision.
AS STARTED ABOVE, USING THIS SDK TO CONNECT TO OR CONTROL, ANY COMPATIBLE FUJIFILM CAMERA WILL VOID THE CAMERA’S LIMITED PRODUCT WARRANTY.