By downloading OM Digital Solutions Digital Camera Softwares(hereafter "Software") , you (hereafter "User") agree to the following End User License Agreement (EULA) provided by OM Digital Solutions Corporation and its licensed vendor (hereafter "OMDS").
1. Subject to the terms and conditions herein contained, OMDS shall grant to User a non-exclusive and non-transferable license to use the Software and the copy thereof (hereinafter, the copy of the Software are included in the Software) only for the purpose of applying to the OMDS products which is introduced and accepted by OMDS.
2. User shall be prohibited to do or perform the following matters.
- (1) To make any copy of the Software, whether in whole or in part, for any other purpose than back-up purpose.
- (2) To sell, distribute or upload the Software, whether in whole or in part.
- (3) To change, modify, reverse engineer, decompile or disassemble the Software, whether in whole or in part.
- (4) To rent, lease or sublicense the Software, whether in whole or in part.
- (5) To export the Software, directly or indirectly, whether in whole or in part, without obtaining necessary approvals of relevant governmental authority in Japan or in any relevant country.
3. Any right, title or interest in and to the Software shall be owned by or vested to OMDS or its licensor respectively.
4. User acknowledges and understands that the software is provided to User on an "as-is" basis without warranty of any kind, either expressed or implied, including, but not limited to:
- (1) Warranties for merchantability and/or fitness for a User's particular purpose.
- (2) Warranty for no bug, error, failure or defects in the software; or
- (3) Warranties for non-infringement of rights or interests of any third party, including, but not limited to, intellectual property right.
5. In no event shall OMDS be liable nor responsible for any damages suffered or incurred by User or any other third party (including, but not limited to, general, special, direct, indirect, consequential or incidental loss or 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 use of the software.
6. If User fails in complying with any terms and conditions under this Agreement, OM Digital Solutions may terminate this Agreement and seek to remedy for any loss or damage, including damages for loss of business profit, business interpretation, loss of business information and the like) or loss of profit incurred by OMDS, arising out of or in connection with such User's failure. In such event, User shall immediately destroy or return to OMDS any and all copies thereof, whether in whole or in part.