A-61601 June 2012
C-1
Appendix C Software License Agreement
EASTMAN KODAK COMPANY
KODAK Picture Saver Scanning System
SOFTWARE LICENSE AGREEMENT
Read the following terms and conditions carefully before using this Software. Use of this Software indicates your acceptance of
these terms and conditions. If you do not agree with them, you should promptly return the package in its entirety for a full refund.
LICENSE
Grant of License. Eastman Kodak Company (“Kodak”) grants you a license to use one copy of the enclosed software
program(s) (the “Software”) subject to the license restrictions set forth below.
Restrictions on Use. You may use the software only on one computer. For each additional computer on which the Software is
run, you will need an additional licensed copy of the Software.
Transfer of the Software. You may permanently transfer the Software to another party if the other party agrees to accept the
terms and conditions of this license and you retain no copies of the Software.
Copyright. The Software is owned by Kodak or its suppliers and protected by copyright laws and International treaties. You may
not reverse engineer, decompile, or disassemble the Software. 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).
Term. This license is effective until terminated. You may terminate it at any time by destroying the Software. 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.
For a period of 90 days after the date of delivery of the Software and photo scanning system to you, as evidenced by a copy of
your purchase receipt, Kodak warrants (i) the Software will perform substantially in accordance with the accompanying
documentation, and (ii) the media on which the Software is furnished will be free from defects in materials and workmanship
under normal use.
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.
Hardware Key: Kodak will replace damaged hardware keys upon the return of a damaged hardware key while the photo
scanning system is under warranty or a service maintenance agreement. Lost or stolen keys can be replaced at a reduced price
while the photo scanning system is under warranty or a service maintenance agreement.
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 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, at Kodak's option either (a) the repair or replacement of the Software or any media not meeting Kodak's "Limited
Warranty" that is returned to Kodak or your dealer with a copy of your receipt, or (b) the return of the price you paid for the
Software, provided you have proof of the purchase price you paid. These remedies are not available if failure of the Software or
media 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 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.
