EASTMAN KODAK COMPANY SOFTWARE LICENSE AGREEMENT Read the following terms and conditions carefully before using the enclosed Software. Use of the Software within this package indicates your acceptance of these terms and conditions. If you do not agree with them, you should promptly remove the Software from your system. LICENSE 1. Grant of License. Eastman Kodak Company ("Kodak") grants you a license to use as many copies of the enclosed software program(s) (the "Software") as needed in conjunction with a single registered hardware product subject to the license restrictions set forth below. 2. Transfer of the Software. You may provide a copy of the Software to another party if the other party agrees to accept the terms and conditions of this license. 3. Copyright. The Software is owned by Kodak or its suppliers and is protected by copyright laws and international treaties. You may not copy the Software other than as expressly provided in this license. You may not reverse engineer, decompile, or disassemble the Software. 4. Term. This license is effective until terminated. You may terminate it at any time by destroying the Software together with all copies in any form. It will also terminate if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the Software together with all copies in any form. LIMITED WARRANTY Kodak does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free. You assume responsibility for operation of the Software to achieve your intended results, and for the installation, use, and results obtained from the Software. Subject to any applicable legislation which prohibits the following exclusions, KODAK MAKES NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states and countries, including England and Australia, do not allow the exclusion of implied warranties, or have legislation that imposes certain statutory warranties that cannot be excluded, so the above exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights. LIMITATIONS OF REMEDIES Subject to any applicable legislation which prohibits the following limitations, Kodak's entire liability and your exclusive remedy shall be the repair or replacement of the Software not meeting Kodak's "Limited Warranty". These remedies are not available if failure of the Software is the result of misuse, abuse, or a failure to follow the operating instructions in the accompanying written materials. IN NO EVENT WILL KODAK OR ITS SUPPLIERS OR DEALERS BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states and countries, including England and Australia, do not allow the limitation or exclusion of liability for incidental or consequential damages, or have legislation which restricts the limitation or exclusion of liability, so the above limitation may not apply to you. GENERAL If the Software was acquired in the United States, this Agreement is governed by the laws of the State of New York. If acquired outside the United States, this Agreement is governed by the laws of the country in which it was purchased. U.S. GOVERNMENT RESTRICTED RIGHTS The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivision (b)(3)(ii) of The Rights in Technical Data and Computer Software clause 252.227-7013. Contractor / manufacturer is Eastman Kodak Company, 343 State Street, Rochester, New York, 14650. EUROPEAN COMMUNITY PROVISIONS If this Software is used within a country of the European Union, nothing in this Agreement shall be construed as restricting any rights available under the European Community Software Directive (91/250/EEC). ___________________________________________________________________ V3.0 6/10/02