※【Important】This Software is a beta version. OM Digital Solutions Corporation will provide the Software on trial and as a sample. OM Digital Solutions does not warrant that the operation of the Software will be uninterrupted or error free. OM Digital Solutions will not be liable for any damage to the User's/third parties' cameras, PCs, image data, or any other equipment or data suffered by the User arising from or in connection with the User's use of the Software. The User acknowledges and agrees that the Software will be used on an “AS IS” basis and OM Digital Solutions shall not assume any responsibility to the User or to any third parties regarding to use of the Software. Also, OM Digital Solutions cannot respond to any inquiries from the User. If OM Digital Solutions recognizes any faults, defects, bugs or errors of the Software or OM Digital Solutions decides to do so under its sole direction, OM Digital Solutions may stop offering the Software without any limitations, payments or compensations to the User.
Software License Agreement
By downloading OM Digital Solutions Digital Camera Software (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 is included in the Software) only for the purpose of applying to the OMDS products which are introduced and accepted by OMDS.
2. User is prohibited from doing or performing the following:
(1) To make any copy of the Software, whether in whole or in part, for any purpose other than back-up.
(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 bugs, errors, failures 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 rights.
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, OMDS may terminate this Agreement and seek to remedy 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.