THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE END USER (EITHER AN INDIVIDUAL OR SINGLE ENTITY), AND NIKON CORPORATION ("NIKON"). PLEASE CAREFULLY READ THIS AGREEMENT. BY CLICKING ON THE “I ACCEPT” BUTTON, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE. PROMPTLY RETURN WITHIN FIFTEEN (15) DAYS FROM THE DATE OF DELIVERY THE SOFTWARE PACKET AND THE ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER CONTAINERS) TO THE AUTHORIZED NIKON DEALER FROM WHOM YOU OBTAINED THEM FOR A FULL REFUND.

SOFTWARE LICENSE

GRANT OF LICENSE
NIKON grants to you the non exclusive right to use one copy of the enclosed NIKON software program and documentation (the "SOFTWARE") on a single computer, at a single location. SOFTWARE also includes any update to the original SOFTWARE provided to you by NIKON. You may access the SOFTWARE from a hard disk, over a network, or by any other method you choose so long as you otherwise comply with this Agreement. For the purposes of this section, "use" means loading the SOFTWARE into RAM, as well as installation on a hard disk or other storage device, provided that installation on a network server for the sole purpose of distribution to one or more other single computer(s) shall not constitute "use" for which a separate license is required, provided that the SOFTWARE is used on only one single computer at any one time. All rights not expressly granted to you hereunder are reserved by NIKON.

COPYRIGHT
This license is not a sale of SOFTWARE and you do not become the owner of the SOFTWARE through your purchase, download or use. The SOFTWARE is owned by NIKON or its suppliers and is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording) and you may not make or distribute copies of the SOFTWARE to others except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not copy the written materials accompanying the SOFTWARE.

OTHER RESTRICTIONS
You may not assign, rent, lease, sell, sublicense, pledge, encumber or otherwise transfer the SOFTWARE to another party without the prior written consent of NIKON, which consent may be denied at NIKON’S sole discretion. Any attempt at violative assignment or other transfer, whether voluntary or by operation of law, shall be void and of no force and effect. You may not reverse engineer, decompile, or disassemble the SOFTWARE. You may not modify, alter, adapt, sell, distribute or create derivative works based on the SOFTWARE or any part thereof.

TERM

This License is effective until terminated. This License will terminate automatically without notice from NIKON if you fail to comply with any provisions of this Agreement. Upon termination of this Agreement, you must destroy the SOFTWARE and any copies thereof and all written materials, or return all of the foregoing to NIKON at your sole cost and expense.

LIMITED WARRANTY AND LIMITATIONS OF WARRANTY AND LIABILITY

LIMITED WARRANTY
NIKON warrants to the original end user only that the disk on which the SOFTWARE is recorded is free from defects in material and workmanship under normal use and conditions for a period of ninety (90) days from the date of delivery to the original end user as evidenced by the original fee receipt. During this period, if there is any defect in material or workmanship to the disk, return it to the NIKON authorized distributor identified below, together with your original fee receipt, and it will be repaired or replaced free of charge. NIKON also warrants to the original end user only that SOFTWARE that is expressly stated as being warranted in the written materials accompanying the SOFTWARE will perform substantially in accordance with said written materials under normal use and conditions for a period of ninety (90) days from the date of delivery to the original end user as evidenced by the original fee receipt. During this period, if the SOFTWARE does not perform as warranted, return it to the NIKON authorized distributor identified below, together with your original fee receipt and it will be repaired or replaced free of charge. If you ship the SOFTWARE to your NIKON authorized distributor, you must pay all postage, shipping, transportation, insurance and delivery costs. ALL OF THE FOREGOING WARRANTIES EXTEND TO THE ORIGINAL END USER ONLY AND ARE NOT ASSIGNABLE OR TRANSFERABLE. THESE WARRANTIES DO NOT APPLY TO ANY SOFTWARE OR DISK WHICH HAS BEEN SUBJECT TO MISUSE, ABUSE, NEGLIGENCE OR ACCIDENT. ANY REPAIRED OR REPLACED DISK OR SOFTWARE SHALL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY (30) DAYS, WHICHEVER IS LONGER. THESE WARRANTIES AND THE REMEDIES THEREUNDER ARE NOT AVAILABLE OUTSIDE THE COUNTRY IN WHICH YOU OBTAINED THE SOFTWARE. ALL WARRANTIES IMPLIED BY LAW ON THE SOFTWARE INCLUDING BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE ABOVE WARRANTY. NIKON'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREUNDER IS LIMITED SOLELY TO REPAIR OR REPLACEMENT OF THE DISK OR SOFTWARE OR, AT NIKON'S OPTION, A REFUND OF THE LICENSE FEE.

NO OTHER WARRANTIES

EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, SOFTWARE IS SOLD “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, AND NIKON AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SOFTWARE. EXCEPT AS EXPRESSLY STATED IN NIKON'S WRITTEN MATERIALS THAT ACCOMPANY THE SOFTWARE, IN NO EVENT DOES NIKON OR ITS SUPPLIERS WARRANT THE PERFORMANCE OF OR THE RESULTS YOU MAY OBTAIN FROM THE SOFTWARE, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.

NO LIABILITY FOR DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES

IN NO EVENT AND UNDER ANY THEORY OF LIABILITY, TORT, CONTRACT OR OTHERWISE, SHALL NIKON OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES OR EXPENSES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RESULTING FROM THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF NIKON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, NIKON SHALL HAVE NO LIABILITY OR RESPONSIBILITY OF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) TO YOU OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY EXPENSE, LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE SOFTWARE. NOTWITHSTANDING THE ABOVE LIMITATIONS, NIKON'S LIABILITY ON ANY CLAIM OF ANY KIND (INCLUDING NEGLIGENCE) FROM THE DELIVERY, LICENSE OR USE OF THE SOFTWARE SHALL IN NO EVENT EXCEED THE FEE YOU PAID FOR THE SOFTWARE.

THIRD PARTY RIGHTS

The SOFTWARE includes open source software (“Third-Party Software”) to which third parties hold rights. The license terms for the Third-Party Software may differ from those of this Agreement; please refer to the “licenses” folder distributed with the Software for details. If the license terms of the Third-Party Software differ from this Agreement, the license terms of the Third-Party Software shall apply.

FOREIGN EXPORT

You agree and certify that neither the SOFTWARE nor any related technical data is being or will be shipped, transferred, or re-exported, directly or indirectly, in or into any country in violation of any applicable laws of Japan and the country in which you obtained the same.

GENERAL

This Agreement is governed by and shall be construed in accordance with the laws of the Country of Japan, excluding its conflict of law provisions. In the event a dispute arise under or in connection with this Agreement, you hereby agree and consent to the jurisdiction of the district court of Tokyo and waive any objection that such forum is inconvenient. You further agree and consent to the service of process in any action by regular mail or other commercially reasonable means of receipted delivery. If any provisions of this Agreement shall be determined to be invalid, illegal or unenforceable for any reason, the remaining provisions shall in no way be affected and shall remain in full force and effect. This Agreement supersedes and replaces any other agreement relating to the subject matter of this Agreement.

ENTIRE AGREEMENT

This Agreement sets forth the entire understanding and agreement between you and NIKON and may be amended only in a writing signed by both parties.