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Capture NX 2

License Agreement
Nikon Corporation
This Nikon License Agreement ("Agreement") is a legal agreement between you (eit
her an individual or single entity) and Nikon Corporation ("Nikon") setting fort
h the terms and conditions for your use of the Nikon SOFTWARE accompanying this
Agreement (as defined below) which includes computer software and may include "o
nline" or electronic documentation.
By clicking “I Agree” button below, you indicate your acceptance of this Agreement a
nd 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 install or use the SO
FTWARE.
This license is not a sale of the SOFTWARE and you do not become the owner of th
e SOFTWARE through your purchase of any product, download and/or use. Nikon and
/or Nikon's licensors retain ownership of the SOFTWARE and all copies thereof an
d all related intellectual property rights, and reserves all rights not expressl
y granted to you under this Agreement. This Agreement constitutes the complete
and exclusive agreement, oral or written, between you and Nikon or any associate
d company of Nikon relating to the SOFTWARE.
1. GRANT OF LICENSE
Nikon hereby grants to you a non-exclusive, non-sublicensable, revocable license
to:
a) Use the trial version of the SOFTWARE (“TRIAL SOFTWARE”) on up to two (2) of you
r own computers for a period of sixty (60) days from the date of installation.
b) Use the full version of the SOFTWARE (“FULL SOFTWARE”) on up to two (2) of your
own computers upon valid purchase of a product key (“PRODUCT KEY”) for the FULL SOFT
WARE from Nikon (TRIAL SOFTWARE and FULL SOFTWARE and associated electronic docu
mentation, collectively “SOFTWARE”); and
c) Make one (1) copy of the FULL SOFTWARE in machine readable form solely for ba
ck-up purposes.
Notwithstanding the foregoing, you may not use the SOFTWARE on more than one com
puter at the same time.
You may not use the SOFTWARE in connection with multiple systems, networks, serv
ers, or emulations on a main frame or mini computer, provided that you may use t
he SOFTWARE on up to two (2) of your own computers that are connected to a netwo
rk or server so long as the SOFTWARE cannot be accessed by other computers via s
uch network or server.
The SOFTWARE is protected by Japanese copyright law and international copyright
laws and treaties. Adobe Systems Incorporated is the owner of the copyrights, p
atents and other intellectual property rights with respect to the “XMP SDK” embedded
in the SOFTWARE.
ADOBE SYSTEMS INCORPORATED MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IM
PLIED, AS TO XMP SDK. ADOBE SYSTEMS INCORPORATED ASSUMES NO LIABILITY FOR ANY DA
MAGE ARISING OUT OF OR RESULTING FROM XMP SDK. You can obtain XMP SDK from http:
//www.adobe.com/devnet/xmp/. You must reproduce on each copy the Nikon copyright
notice and any other proprietary legends that were on the original.
You authorize Nikon to collect from your computers certain identifying informati
on about your computers (i.e., the operating system, CPU, and terminal ID) as we
ll as information about the SOFTWARE installed (i.e., the product key, name, and
version and the region and language codes) for the sole purpose of tracking you
r compliance with this Agreement. Nikon will not collect any personally identif

RESTRICTIONS Except as otherwise stated in this Agreement. and in order to protect them. You may terminat e this license at any time by destroying the SOFTWARE and all copies thereof. The SOFTWARE contains trade secrets. LIMITATION OF LIABILITY a) Nikon warrants that the FULL SOFTWARE will materially conform to the electro nic documentation provided with it. 4. not be disclosed. LEASE. 7. except as may be permi tted by law. The license to the SOFTWARE will terminate automatically without notice fr om Nikon if you fail to comply with any provisions of this license. transferred or re-exported. The license for the FULL SOFTWARE is effective until termina ted. rented. The license to the SOFTWARE will also terminate automatically when you enter PRODUCT KEY for upgrade.c om/global/. you must destroy the SOFTWARE and all copies thereof immediately. Nikon will provide you with reasonable support at http://nikonimaging. you may not install or use the SOFTWARE . disassemble or o therwise reduce the SOFTWARE to a human-perceivable form. 5. YOU MAY NOT ASSIGN OR OTHERWISE DISPO SE OF. RESELL. RENT. into any country in violation of any applicable laws or regulations of the Unite d States or the country in which it was obtained. which is the software for owner of PRODUCT KEY for the FULL SOFTWARE. without limiting any other remedies you may have u nder applicable law. If you do not consen t to the collection of this information. for a period of ninety (90) days from the da . OR CREATE OR HAVE CREATED DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF. not be entered into any software other than the SOFTWAR (2) of your own computers. lent or transferred t 3. MODIFY. NETWORK. directly or indirectly. DISTRIBUTE.iable information from your computers during this process. you may not decompile. TERM The license for the TRIAL SOFTWARE is effective for sixty (60) days from the dat e of installation. SUPPORT In the event that you cannot use the FULL SOFTWARE due to a defect in the FULL S OFTWARE. you may not make or distribute cop ies of the SOFTWARE to others or electronically transfer the SOFTWARE from one c omputer to another over a network. 2. LOAN. TRANSLATE. reverse engineer. Nikon shall not be responsible for providing support to co rrect defects due to your use of the FULL SOFTWARE in an environment other than as recommended by Nikon. PRODUCT KEY You shall treat the PRODUCT KEY as follows: a) the PRODUCT KEY shall E installed on up to two b) the PRODUCT KEY shall c) the PRODUCT KEY shall o any third party. into your own computer on which the SOFTWARE is installed. ADAPT. 6. FOREIGN EXPORT You agree and certify that neither the SOFTWARE nor any related technical data i s being or will be shipped. Upon termination. be used only for the purpose of using the SOFTWARE. YOU MAY NOT ALTER OR REMOVE ANY COPYRIGHT. pursuant to the terms and conditions of which will be determined by Nikon in its sole discretion. TRADEMARK OR OTHER PROT ECTIVE NOTICES CONTAINED IN THE SOFTWARE. leased.

NIKON. BUT NOT LIMITED TO. BREACH OF CONTRACT. e) THE TOTAL LIABILITY OF NIKON. O R OTHERWISE SHALL NOT EXCEED AN AMOUNT GREATER THAN THE FEE PAID BY YOU TO NIKON WITH RESPECT TO THE FULL SOFTWARE.com/global in order to download the most current fixes to known problems. NIKON'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY HEREU NDER IS LIMITED SOLELY TO THE CORRECTION OR REPLACEMENT OF THE FULL SOFTWARE. DISTRIBUTORS. M anufacturer is: Nikon Corporation. Government is subject to restrictions as set forth in DFARS 252. f) Nikon hereby reserves the right to modify. DEALERS AND AGENTS SPECIFICALLY DISCLAIM ANY OTHER WARRANTY OF ANY KIND. 8. ABUSE.S. THE WARRANTY DOES NOT APPLY IF THE NON-CONFORMANCE W ITH THE ELECTRONIC DOCUMENTATION HAS RESULTED FROM MISUSE. UNDER INDEMNITY OR OTHERWISE AND WHETHER OR NOT FORESEEABLE: (i) LOSS OF PROFITS. or disclosure by the U. Tokyo 10 0-8331. ANY CORRECTED OR REPLACED FULL SOFTWARE SHALL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL LIMITED WARRANTY OR SIXTY (60) DAYS . REVENUE OR OTHER TYPES OF ECONOMIC LOSS. Chiyoda-ku. 2-3. Marunouchi 3-chome. Japan. DISTRIBUTOR S. free o f charge. 9. if there is non-conformance with the electronic documentation. A CONSEQUENTIAL. (iii) LOSS OF ANTICIPATED SAVINGS. EITH ER EXPRESS OR IMPLIED. ITS EMPLOYEES. to access support at http:nikonimaging. HOWEVER. ANY IMPLIED WARRANTY OF SA TISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. PRIVACY In the event that Nikon collects any personal data in connection with the SOFTWA . UNDER THE CIRCUMST ANCES. adapt. you shall be entitled. WHETHER IN CONTRACT. U se. WHICHEVER IS LONGER. (iv) ANY LOSSES WHICH ARISE OTHER THAN DIRECTLY AND NATURALLY FROM A BREACH O F CONTRACT BY NIKON OR OTHER LOSSES WHICH A COURT DECIDES IS. GOVERNMENT RESTRICTED RIGHTS The SOFTWARE and electronic documentation are provided with RESTRICTED RIGHTS. DISTRIBUTORS. During this period. DEALERS OR AGENTS BE L IABLE TO YOU FOR ANY OF THE FOLLOWING TYPES OF LOSS WHETHER ARISING IN TORT (INC LUDING NEGLIGENCE). TORT (INCLUDING NEGLIGENCE) UNDER ANY INDEMNITY PROVIDED UNDER THIS AGREEMENT. ITS EMPLOYEES. duplication.227-7013 or subparagraphs (c) (1) and (2) of the Comm ercial Computer Software Restricted Rights at 48 CFR 52. LOSS OR DAMAGE ALLEGED TO HAVE BEEN CAUSED TO YOU OR ANY OTHER PE RSON OR ENTITY UNDER OR IN CONNECTION WITH THIS AGREEMENT. U. translate or improve the S OFTWARE at any time. b) THE WARRANTY IN SECTION 7a) EXTENDS TO THE ORIGINAL LICENSEE ONLY AND IS NOT ASSIGNABLE OR TRANSFERABLE. SPECIAL OR INDIRECT LOSS. OR FREE OF VIRU SES.te of valid download by the original licensee. (ii) LOSS OF BUSINESS OR CONTRACTS. d) IN NO EVENT SHALL NIKON. YOU ACKNOWLEDGE THAT TH E SOFTWARE HAS NOT BEEN PRODUCED TO SPECIFICALLY MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. c) SAVE AS EXPRESSLY STATED IN THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL OP ERATE TO EXCLUDE OR RESTRICT NIKON'S LIABILITY FOR DEATH OR PERSONAL INJURY ARIS ING FROM NIKON'S NEGLIGENCE OR ANY OTHER LIABILITY DUE TO NIKON'S FRAUD OR ANY O THER LIABILITY WHICH NIKON IS NOT PERMITTED TO EXCLUDE OR LIMIT AS A MATTER OF L AW.227-19. ERROR-FREE. ITS EMPLOYEES. DEALERS OR AGENTS IN RESPECT OF ALL CLAIMS BY YOU OR ANY OTHER PERSON OR ENTITY OR IN RESPECT OF ANY LIABILITY. INCLUDING. as applicable.S. NEGLIGENCE OR ACCIDENT TO THE FULL SOFTWARE.

RE. option. The headings of the sections of this Agreement are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or inte rpretation of this Agreement. 9 and 10 together with any provision s that by their express terms apply to periods after termination of this Agreeme nt. and such term. provision. right or remedy shall continue and remain in full force and effect. right or remedy c ontained herein. 2 c). as updated from time to time. GENERAL This Agreement is governed by and shall be construed in accordance with the laws of England and Wales. without limiting any right s you may have under applicable law. provision. You consent to service of process in any action arising from this Agreement by regular mail or other commercially reasonable means of re ceipted delivery. option . at http://www. shall survive termination of this Agreement for any reason. Except as otherwise expressly provided herein.co. 10. 4 (fourth sentence only). 7. 24. 2008 CPN2-DL-UK-01 Win .nikon. right or remedy. The failure of any party to insist upon strict performance of any of the terms o r provisions of this Agreement. shall not be construed as a waiver of any future application of such term. the provisions of Sections 2 a). 3. such data shall be subject to Nikon’s privacy policy. th e remaining provisions shall not be invalidated and shall remain in full force a nd effect. If any provision of the Agreement shall be determined invalid for any reason. This Agreement sets forth the entire agreement and understanding bet ween you and Nikon. 6. or the exercise of any option. Jan.htm. 8. and supersedes and replaces any other agreements relating to the subject matter of this Agreement.jp/main/eng/privacy.