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Software License Agreement

SOFTWARE LICENSE AGREEMENT

*** IMPORTANT – CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT BELOW BEFORE USING THE SOFTWARE. ***

This is a valid and legally enforceable agreement made and entered between you (either an individual or a single entity) and Olympus Corporation ("Olympus").  The Software includes Olympus' and/or its licensors' computer program, associated printed materials, data, information and their updated or extended versions thereof and the instruction manual for the Software (“Manual”).  BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
 

Section 1 (Software)
1. All title and rights to the Software are owned by Olympus or its licensors.

2. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
 

Section 2 (Grant of License)

1. Olympus grants to you a non-exclusive license to use the Software free of charge, provided that you agree to the terms and conditions of this Agreement.

2. Olympus retains all rights, title and interest in and to the Software including without limitation all copyrights and other proprietary rights.

3. The Software may include (i) some open source software and (ii) other third party software (collectively, "Third Party Software").  Regarding the use of the Third Party Software, you shall follow the license terms and conditions applied to such Third Party Software.  Any part of this Agreement does not restrict, change or alter any of your rights and obligations imposed by the license terms and conditions of the Third Party Software.

Section 3 (Conditions of Use)
1. Except as provided in a separate software license agreement or as permitted by Olympus, you may not install and use the Software on multiple computers.
2. You may copy the Software only for backup purposes.
3. The Software is subject to change without notice.

Section 4 (Rental and Transfer)
You may not rent, lease, sublicense or lend the Software, any of its copy or the Manual.  You may, however, transfer all of your rights under this Agreement, provided you retain no copies of the Software, and the recipient agrees to the terms and conditions of this Agreement.

Section 5 (Restrictions)
1. You may not transfer, sell, lent, distribute or reproduce a whole or part of the Software or the Manual without Olympus' prior approval.  You may not sublicense any rights granted under this Agreement to a third party.
2. You may not create, transfer, sell, distribute, rent or lease any derivative work of the Software or the Manual.
3. You may not analyze, reverse engineer, decompile or disassemble the Software, DLL or any part of the Software or print out the Software.
4. You may not combine the Software with or incorporate it into any other application software.
5. You agree that the Software is subject to the export control laws and regulations of Japan, U.S.A. and other competent countries.  You shall follow any such applicable export control laws and regulations of Japan, U.S.A. and other countries.
6. You may not alter, erase or deface any trademark, warning, copyright and other notice on the Software.

7. Unless otherwise provided in this Agreement or the Manual, you may not make any copy of the Software for any purpose other than back up.

8. If the Software or the product installed such Software (collectively, “Product”) includes MPEG-4 Visual Patent, you shall be bound by the following terms and conditions: 

THIS PRODUCT IS LICENSED UNDER THE MPEG-4 VISUAL PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER FOR (i) ENCODING VIDEO IN COMPLIANCE WITH THE MPEG-4 VISUAL STANDARD ("MPEG-4 VIDEO") AND/OR (ii) DECODING MPEG-4 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NONCOMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED BY MPEG LA TO PROVIDE MPEG-4 VIDEO.

NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.

ADDITIONAL INFORMATION INCLUDING THAT RELATING TO PROMOTIONAL, INTERNAL AND COMMERCIAL USES AND LICENSING MAY BE OBTAINED FROM MPEG LA, LLC.

SEE HTTP://WWW.MPEGLA.COM.

Section 6 (Limitation of Liability)

1. THE SOFTWARE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE.

2. OLYMPUS SHALL NOT BE HELD LIABLE FOR ANY DAMAGES SUFFERED OR INCURRED BY YOU OR ANY OTHER THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL 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 DELIVERY, USE OR PERFORMANCE OF THE SOFTWARE.

3. Olympus shall not be responsible for providing any service to you including but not limited to maintenance, technical support nor update in connection with the Software.


Section 7 (Effective Period)
1. This Agreement shall become effective as of the date when you agree to this Agreement and install the Software.
2. In the event that you breach any of the terms and conditions of this Agreement, this Agreement shall be terminated.  In such a case, you must immediately cease to use the Software and delete or destroy all of the Software and its copies.

Section 8 (Governing Law and Jurisdiction)

1. This Agreement shall be governed by and construed in accordance with the laws of Japan.

2. With respect to any controversies arising from this Agreement, you agree to exclusive jurisdiction and venue in the Tokyo District Court in Tokyo, Japan.

*Please read software license agreement above

Privacy Policy

This page describes the rules in which personal information is handled in the Website of Olympus Corporation, displayed at the URL www.olympus-ims.com ("Website").

At Olympus Corporation (hereinafter referred to as "we/us/our/Olympus”), we are deeply aware of the importance of your personal information.  We handle and thoroughly protect all personal information that you provide to us according to the Olympus Personal Information Protection Policy.  For information on the Olympus Group's policy on handling personal information, please see the Olympus Personal Information Protection Policy.

1. Purpose of Obtaining Personal Information

Unless your prior consent is given or unless permitted by law, Olympus will use the personal information provided by you for the purposes listed below or for purposes that are obvious given the state in which your information was acquired:


- To respond to your inquiries or your requests
- For market research concerning Olympus' business, preparation of statistics and product development

Olympus will obtain your prior consent in the event that Olympus intends to use your personal information for purposes other than the above.
 

In order to achieve the purposes of use indicated to you, Olympus may forward information provided by you to Olympus' group companies, outsourcers and/or agents having confidential obligation agreement with Olympus and/or Olympus' group companies, so that such parties may directly respond to your inquiries or requests for updates, announcements regarding Olympus' products, programs, and promotions, or advertising information.


2. Disclosing, Amending, or Deleting Personal Information

You may, under the Japanese Personal Information Protection Law, request Olympus Group Companies in Japan (except for companies with their own privacy policies in place) that the personal information you provided to them be disclosed, amended or deleted.
Please go to the Personal Information Inquiry page for more details.


3. SSL (Secure Sockets Layer)

The Websites are adopting SSL encryption technology on the pages where personal data is input so that personal data input by customers is securely exchanged.  SSL is a protocol for encrypting valuable information such as personal data which is exchanged on the Internet.  SSL can protect against the intercepting and falsifying of data, and masquerading by third parties.

4. Cookies

[Description of cookies]
This Website employs cookies.
A cookie is a piece of data sent from the web server of a website that you visit and is stored in a memory device (e.g., the hard disk) of your computer via your web browser.  Once you accept a cookie, the server can recognize your computer and provide customized information accordingly.  Despite their ability to identify your computer, cookies cannot send or receive your personal information.

[Intended use of cookies]
This Website employs cookies for the following purposes:


- Providing customized, convenient, and enhanced service by checking your registered information when you are logged in to an online service that requires authentication.
- Optimizing advertisements on websites of other companies in accordance with your interests and browsing activities.
-Examining the user traffic on this Website, such as the number of visitors and views.
- Requesting you to re-enter your passwords (for another authentication) after a certain period of time elapsed since you used our service the last time to maintain tight security and provide enhanced service.
 

Olympus may use behavioral targeting services provided by online advertisement companies, in which cookies or the like are used to acquire your browsing histories for posting advertisements on websites operated by other companies.  Individuals are not identified in such a process.

[Disabling (opting out from) cookies]
You can disable Google advertising cookies by accessing the opt-out page. (Alternatively, you can disable cookies by third-party ad servers by accessing the opt-out page of Network Advertising Initiative.)

You can specify whether to enable or disable cookies in your web browser setting.
Available options include Allow all cookies, Block all cookies, and Notify the user when a cookie is received.
The configuration method depends on the browser you are using. As necessary, check the method by selecting the Help menu in your browser.
Please note that some of our services may not be available when you do not allow cookies.

5. Web Beacons

Certain pages on the Website contain "Web beacons" (also known as Internet tags, pixel tags and clear GIFs).  These Web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by a third party.

6. People under 16 years of age

If you are under the age of 16, please make sure to obtain the consent of your parent or guardian before providing your personal information.

7. Management of Personal Information

Your personal information will be submitted to the dedicated servers managed by Olympus or its outsourcers (Olympus group companies, and/or distributors, agents of Olympus, with whom Olympus has concluded confidentiality agreements) located in the United States and the Czech Republic and will be used and shared with Olympus, its affiliates and their distributors in your country of residence or any other country outside of your country of residence (including outside the European Economic Area) in a manner consistent with Olympus Personal Information Protection Policy. 

*Please read Privacy Policy above

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