Please read this Agreement carefully before downloading this upgraded version software ("SOFTWARE"). By downloading SOFTWARE, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to download SOFTWARE.
SOFTWARE is the upgraded version of software that FUJIFILM Corporation. ("FUJI") already distributed to you bundled with FUJI's product(s) ("ORIGINAL SOFTWARE"). FUJI grants you a non-exclusive license to use SOFTWARE, provided that you have been granted by FUJI a valid license to use ORIGINAL SOFTWARE. Except as set forth herein, SOFTWARE is licensed to you subject to the terms of the license agreement as to ORIGINAL SOFTWARE. All copyrights and other proprietary rights to SOFTWARE are retained by FUJI, and nothing contained herein shall be construed, expressly or implicitly, as transferring or granting to you any right, license, or title unless otherwise explicitly granted under this Agreement.
FUJI EXPRESSLY DISCLAIMS ANY WARRANTY FOR SOFTWARE. SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF COPYRIGHT, PATENT, TRADE SECRET, OR ANY OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTY. IN NO EVENT SHALL FUJI BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE SOFTWARE.