3DAssist Software License Agreement

Important: CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT BELOW BEFORE USING THE SOFTWARE.

Software Name : 3DAssist

THIS IS A VALID AND LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND EVIDENT CORPORATION (“EVIDENT”).THE SOFTWARE
INCLUDES EVIDENT’COMPUTER PROGRAM, ASSOCIATED PRINTED MATERIALS, DATA AND INFORMATION, WHICH ARE PROVIDED IN THIS PACKAGE OF SOFTWARE PRODUCT. BY DOWNLOADING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN ADDITION TO THE TERMS OF THIS LICENSE AGREEMENT, THE SOFTWARE CONTAINS ELEMENTS THAT ARE LICENSED TO YOU UNDER AN OPEN SOURCE SOFTWARE (OSS) LICENSE AGREEMENT. THIS MEANS THAT THE LICENSING TERMS OF THE OSS LICENSE AGREEMENT SUPERSEDE THESE LICENSING TERMS WITH RESPECT TO SUCH PORTIONS OF THE OSS LICENSE AGREEMENT. FOR DETAILS, REFER TO THE OSS LICENSE INFORMATION (*1). EVIDENT GRANTS TO YOU A NON-EXCLUSIVE LICENSE TO USE THE SOFTWARE, PROVIDED THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
(*1) Refer to the following URL for the OSS license information.
https://www.olympus-ims.com/rvi-products/3dassist/oss-license/

Section 1: Intellectual property

The copyright and other rights to the Software and the data files automatically generated for use with the software belong to Evident or its licensors.The Softwareis also protected by copyrightlaws andinternational copyrighttreaties, as well as otherintellectual property laws and treaties. The Software is licensed, notsold.

Section 2: Conditions ofuse

1. You may copy and use the Software on multiple computers.
2. You may copy the Software for backup purposes.

Section 3: Rental and transfer

1. You cannot transfer, rent, lease, lend, or sublicense the software or any copy thereof.
2. You can transfer, rent, lease, lend, or sublicense the key code you enter for license activation.

Section 4: Restrictions

1. You shall not engage in any of the following acts while using the Software.

• Sell, distribute, reproduce, transfer, rent, lease, lend or sublicense the Software, in whole or in part, except as otherwise expressly authorized.
• Modify or adapt the Software, in whole or in part.
• Reverse engineer, decompile or disassemble the Software or any portion thereof.
• Analyze the data files automatically generated for use with this Software.
• Analyze the 3D data files generated by the Software.
• Activate the license by any method other than that described in the instruction manual referenced through the key code noted on the key code issuance certificate.
• Load, by any means, into the Software any video recorded with a device that has not been authenticated with a valid license.
• Take or export the Software outside of Japan without complying with applicable export control laws and regulations of Japan, the U.S., and other countries.
• Alter, remove, or deface any trademark, copyright notice, warning, or other notice shown in the software.
• In addition to the above items, any other activities that Evident deems inappropriate based on reasonable grounds.

2. You shall indemnify Evident or any third party for all damages incurred by Evident or such third party arising out of or in connection with your breach of Paragraph 1.

Section 5: Unannounced changes, etc.

1. This Software is subject to change, without notice, to correct bugs, update versions, etc.
2. Evident reserves the right to stop providing this software without notifying you.

Section 6: Disclaimer

1. EVIDENT DOES NOT GUARANTEE THAT ALL CONTRACTUAL NONCONFORMITIES (INCLUDING THOSE CONTAINED IN THE SPECIFICATIONS AND INSTRUCTIONS) WILL BE CORRECTED.
2. EXCEPT FOR THE LIMITED WARRANTIES PROVIDED HEREIN, 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 FORA PARTICULAR PURPOSE.
3. EVIDENT 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. EXCEPT FOR SUCH DIRECT DAMAGESCAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF EVIDENT.

Section 7: OPEN SOURCE SOFTWARE

EVIDENT PROVIDES THE OPEN SOURCE SOFTWARE TO YOU ON AN AS IS BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL EVIDENT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE OPEN SOURCE SOFTWARE.EXCEPT FOR SUCH DIRECT DAMAGESCAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF EVIDENT.

Section 8: Termination of contract

1. Evident may terminate this Agreement if you breach any of the terms of this Agreement.In which case, you must destroy all copies of the Software and its component parts.
2. You shall not be relieved of any and all obligations and liabilities (including but not limited to compensation for damages) under this Agreement to Evident and third parties even after this Agreement is terminated pursuant to the preceding paragraph or for any other reason.

Section 9: Changes to this Agreement

1. Evident may change this Agreement, at Evident’s discretion, in the following cases.

• When a change to this Agreement is in the general interest of the user.
• When a change to this Agreement is not contrary to the purpose of this Agreement and the change is reasonable in light of the need for the change, the suitability after the change, and other circumstances related to the nature of the change.

2. To change this Agreement pursuant to the preceding paragraph, Evident shall post a notice on the Evident website (URL:https://www.olympus-ims.com/support/download-form-serial/rvi-3dassist-software-license-agreement/) at least one month prior to the effective date of the changed agreement, indicating that the Agreement is being changed, the details of the change, and the date that the changed agreement become effective.
3. The user is deemed to have agreed to any change in this Agreement by using the Software after the date that the changed agreement become effective.

Section 10: Governing law and jurisdiction

1. This Agreementshall be governed by,performed under and construed in accordance with the laws of Japan.
2. Any dispute arisingin connection with this Agreementshall be subjectto the exclusive jurisdiction of the Tokyo District Court.