LICENSE AGREEMENT
Terms of Use 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.
Customer may use Software on printers, multifunction printers and print servers which support Adobe PostScript software.
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.
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
All intellectual properties including copyrights of Software and documentation and any reproductions are retained by Adobe and/or its licensors.
Customer may not acquire any right or intellectual property of Software except the right provided in the Article 1.
3. Prohibition
Customer agrees that it is strictly prohibited to alter, reverse engineer or disassemble 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 NOEVENT 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. Trademarks
Ownerships of any Trademarks used by Customer shall remain with the owners of Trademarks.
Trademarks may only be used to identify printed output produced by Coded Font Programs.
Customer shall use Trademarks in accordance with the generally accepted trademark practice, including identification of the trademark owner's name.
6. Government Licenses
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 areas. If necessary, Customer shall obtain the appropriate license for re-export.
7. Termination of License To Use
License to use Software will automatically terminate in case Customer fails to comply with any of the terms and conditions in this Agreement.
Upon termination of License to use Software, Customer shall immediately expunge or destroy Software and their copies.
8. Other Provisions
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.
This agreement is governed by the laws of Japan.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the Agreement, which shall remain valid and enforceable according to its terms.