THIS IS A VALID AND LEGALLY ENFORECEABLE 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
PREINSTALLING, 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.
ARTICLE 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;
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.
ARTICLE 2. CONDITIONS OF USE
If you obtain one (1) license;
(in case of stand-alone licenses);
the Software may be installed and used only on a single specific
(in case of server-client licenses);
the Software may be used through the internal network on a single
server only by a single client at any single time (including the
case of using the server as a client),
(in case of web application licenses);
the Software may be used only by a single client at any single time,
(in case of other license environment)
the Software may be used by a single client or user, according to
substantially the similar idea of the limitation of the number of
users or clients outlined above, mutatis mutandis, at any single
The licenses granted hereunder shall be limited to the use of the
Software at the system configuration authorized by Olympus prior
to such use. Therefore, for example, if Olympus provides you with
the Software only for the use on stand alone basis, you cannot use
the Software in any other system configurations, such as server-client
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 destroys 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
(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) Olympus warrants 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. Olympus' and its suppliers' entire
liability and your exclusive remedy shall be 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. Olympus' liability hereunder shall
in no event exceed the amount paid for the Software by you under
the terms and conditions of this Agreement.
(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 Japan and with regard to any related
legal action, you agree to exclusive jurisdiction and venue in courts
in Tokyo, Japan.