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LICENSE AGREEMENT

PLEASE READ THIS LICENSE AGREEMENT CAREFULLY

IMPORTANT:

THIS AGREEMENT CONTAINS THE LICENSE TERMS AND CONDITIONS FOR THE ENCLOSED LICENSED SOFTWARE AND RELATED DOCUMENTATION. USING THE SOFTWARE SIGNIFIES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, PLEASE CONTACT FUJIFILM BI CUSTOMER SUPPORT.

Terms and Conditions for Adobe Software

1. Grant of License to Use

In accordance with the terms and conditions of this Agreement, FUJIFILM Business Innovation Corp. ("FUJIFILM BI") grants you ("Customer") a nonexclusive license to use the Adobe PostScript software, coded font programs, and Adobe Printer Driver (collectively called "Software") contained in FUJIFILM BI product which Customer purchased.

  1. Customer may use Software on printers, multifunction printers and print servers which support Adobe PostScript software.

  2. Customer may assign the license to use Software to third party, provided that such third party shall consent to all of the terms and conditions herein and Customer delivers his Software and all of their copies to the third party.

  3. Customer may copy Software to use on certain single machine, provided that Customer designates on the copy the notices of copyright, trademark and other intellectual property of Software.

2. Rights of Software
  1. All intellectual properties including copyrights and trademarks of Software and its documentation, and any reproductions or modifications thereof are retained by Adobe and/or its licensors.

  2. Customer may not acquire any right or intellectual property of Software except the right provided in the Article 1. Customer shall not alter any proprietary notices of Adobe and/or its licensors which appear in Software or its documentation, or any reproductions thereof.

3. Prohibition

Customer agrees that it is strictly prohibited to alter, reverse engineer or disassemble, or attempt to derive the source code from the Software.

4. No Warranty

THE SOFTWARE IS PROVIDED ON “AS IS” BASIS. FUJIFILM BI AND ITS LICENSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FUJIFILM BI NOR ITS LICENSOR BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVING, EVEN IF FUJIFILM BI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

5. Export Control

In case Customer wishes to export Software, Customer shall comply with the Foreign Exchange and Foreign Trade Law of Japan, the Export Control regulations of the United States and any applicable laws of applicable countries or regions. If necessary, Customer shall obtain the appropriate license for re-export.

6. Termination of License To Use
  1. License to use Software will automatically terminate in case Customer fails to comply with any of the terms and conditions in this Agreement.

  2. Upon termination of License to use Software, Customer shall immediately expunge or destroy Software and their copies.

7. Other Provisions
  1. Adobe is original licensor of Software whose rights and intellectual properties are to be protected by this Agreement and may solely enforce the same right as of FUJIFILM BI provided in this Agreement.

  2. This Agreement is governed by the laws of Japan.

  3. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the any other part of this Agreement, which shall remain valid and enforceable according to its terms.

Adobe and PostScript are either registered trademarks or trademarks of Adobe in the United States and/or other countries.