Remote Assistance EULA

Remote Assistance EULA

The terms herein are defined as follows:
(a) "FUJIFILM BI" herein means FUJIFILM Business Innovation Corp., a Japanese Company which is headquartered at 9-7-3 Akasaka Minato-ku Tokyo 107-0052, Japan.
(b) "FUJIFILM BI Distributor" herein means the seller who originally supplied FUJIFILM BI Machines to the Customer such as(i) FUJIFILM BI's sales subsidiary or (ii) authorized dealer of FUJIFILM BI or FUJIFILM BI's sales subsidiary.
(c) "Remote Assistance" herein means a software installed in the FUJIFILM BI Machine, which provides remote maintenance support service such as operation guide of FUJIFILM BI Machine, to the Customer through web-based live communication between Customer Call Center of FUJIFILM BI or FUJIFILM BI Distributor ("CCC") and the Customer, using a graphic user interface of such FUJIFILM BI Machine.
(d) "Access Code" herein means a passcode displayed on the UI screen of FUJIFILM BI Machine which is given to the Customer.

(1) Remote Assistance is provided as part of the maintenance support service for FUJIFILM BI Machines, and is only available for the Customer who have a maintenance support service agreement (such as Total Service Contract Agreement or Annual Maintenance Contract Agreement or FSMA) with FUJIFILM BI or FUJIFILM BI Distributor, for FUJIFILM BI Machines designated by FUJIFILM BI.
(2) Before using Remote Assistance, the Customer shall (i) contact CCC and (ii) apply for Access Code registration.
(3) CCC's service hours shall be limited to FUJIFILM BI office hours. FUJIFILM BI, at its discretion, may change the service hours without prior announcement to the Customer.
(4) When using Remote Assistance, the FUJIFILM BI Machine shall connect to a cloud server (Japan; fxmitsremoteadmin.optim.co.jp, fxmitsrelay01.optim.co.jp, fxmitsrelay02.optim.co.jp, except for Japan; fxmitsremoteadmin.optim.co.jp, fxmitsrelay-sg01.optim.co.jp, fxmitsrelay- sg02.optim.co.jp) designated by FUJIFILM BI. FUJIFILM BI will use encryption via SSL (Secure Sockets Layer), TLS (Transport Layer Security) or other security technologies to protect communication between the Customer and CCC against any third party.

(1) FUJIFILM BI grants the Customer a non-assignable and non-exclusive license to use Remote Assistance with FUJIFILM BI Machines.
(2) All rights, title and interest in and to Remote Assistance and related documents and reports provided by FUJIFILM BI will at all times reside exclusively with FUJIFILM BI and/or its licensors, if any. The use of Remote Assistance, including any duplication, alteration, uploading, reproduction, transmission, circulation, licensing, sale or publishing, is prohibited by law in all cases except where such use falls within the scope of actions expressly permitted by laws and regulation in the Customer's country. 

(1) No license fee of Remote Assistance shall be paid.
(2) Telecommunication cost arising out of Remote Assistance usage shall be borne by the Customer.

(1) FUJIFILM BI, ITS LICENSORS AND FUJIFILM BI DISTRIBUTOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE OR LOSS SUFFERED OR INCURRED BY CUSTOMER, INCLUDING BUT NOT LIMITED TO, DAMAGE FOR LOSS OF PROFIT, REVENUE, SAVINGS, GOODWILL, USE, OPPORTUNITY OR DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE), RESULTING FROM THE USE OR INABILITY TO USE THE REMOTE ASSISTANCE OR ANY OTHER MATTER RELATING TO THE REMOTE ASSISTANCE. NOTHING IN THIS CLAUSE LIMITS OR EXCLUDES FUJIFILM BI'S LIABILITY FOR ITS GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.
(2) FUJIFILM BI, ITS LICENSORS AND/OR FUJIFILM BI DISTRIBUTOR HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO REMOTE ASSISTANCE, EITHER EXPRESSLY, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. FUJIFILM BI FURTHER DISCLAIM ANY WARRANTY THAT (A) REMOTE ASSISTANCE WILL MEET CUSTOMER'S REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, FREE FROM EXTERNAL INTRUSION, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF REMOTE ASSISTANCE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (C) THE QUALITY OF REMOTE ASSISTANCE WILL MEET CUSTOMER'S EXPECTATIONS; OR THAT (D) ANY ERRORS OR DEFECTS IN REMOTE ASSISTANCE WILL BE CORRECTED.

Except as expressly stated herein, the Customer shall not:
(a) access, copy or use Remote Assistance other than as set forth in this EULA including for any unlawful activity or in a way which: (i) infringes the rights of any third party (including but not limited to any intellectual property or privacy rights); or (ii) transmits or propagates any computer worms, trojans, viruses, harmful or malicious code or any similar damaging code ("Harmful Code") (including by way of uploading such Harmful Code);
(b) modify, enhance, supplement, translate, reverse engineer, decompile, disassemble Remote Assistance
(c) rent, lease, lend, sell, assign, transfer or sublicense Remote Assistance;
(d) remove, delete or modify all copyright and other proprietary notices or marks that are recorded in Remote Assistance and/or displayed or printed on the media containing Remote Assistance;
(e) use, review or access the source code of Remote Assistance;
(f) disclose or otherwise make available Remote Assistance, documentation, any related materials, descriptions, specifications, surveys, reports, or other information concerning Remote Assistance or this EULA, in whole or in part, to any person outside the Customer's organization without the prior written approval of FUJIFILM BI.

This EULA shall be governed by and construed in accordance with the laws of Japan. Any dispute arising out of or in connection with this EULA shall be subject to the first and exclusive jurisdiction of Tokyo District Court.

8. Recording of Information

(1) All communication between the Customer and CCC and its related information (including but not limited to FUJIFILM BI Machine's serial number and date/time of access) while using Remote Assistance (collectively "Remote Assistance Information") may be recorded.
(2) Remote Assistance Information shall be used only to (i) enhance and/or update Remote Assistance specification, (ii) deploy remedies to improve of customer satisfaction, and/or (iii) contribute to academic or CSR activities.
(3) When Remote Assistance Information includes Customer's personal information, FUJIFILM BI shall comply with the obligations of the applicable privacy protection law and the privacy policy of FUJIFILM BI in relation to collection, use or management of personal information provided by the Customer. This privacy policy will be updated from time to time.
Japan:https://direct-fb.fujifilm.com/ap1/sc/no_login_privacy_policy/ja/
Other than Japan:https://direct-fb.fujifilm.com/ap2/sc/no_login_privacy_policy/

BY USING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING OPTIM TERMS.
THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") DESCRIBES TERMS WHEN YOU USE OPTIMAL REMOTE ("THIS SOFTWARE"). PLEASE READ THIS DOCUMENT CAREFULLY, BECAUSE THIS LICENSE IS AGREEMENT BETWEEN YOU AND OPTIM CORPORATION.
IF ANY TERMS OF THIS LICENSE IS ILLEGAL, INVALID, OR IMPOSSIBLE BY ANY REASON, THEN ITS TERMS IS SEPARATED THIS LICENSE AGREEMENT.

1. TERM OF LICENSE

(a) AFTER YOU AFGREE THIS LICENSE, RIGHT TO USE THIS SOHFTWARE IS VALIDATED.
(b) WHEN YOU VAIOLATE ONE OF THIS LICENSE TERMS, OPTIM CAN FINISH TO YOUR RIGHT TO USE THIS SOFTWARE.
(c) WHEN YOU DELETE THIS SOFTWARE FROM YOUR STORAGE DEVICE AND YOUR BACKUP MEDIUM AND DISPOSE OF BACKUP MEDIUM, YOUR RIGHT TO USE THIS SOFTWARE IS FINISHED.
(d) WHEN YOUR RIGHT TO USE THIS SOFTWARE, YOUR OTHER RIGHTS BASED ON THIS LICENSE IS FINISHED AT THE SAME TIME. AFTER RIGHT TO USE THIS SOFTWARE IS FINISHED, YOU MUST DISPOSE OF THIS SOFTWARE AND ALL COPY OF THIS SOFTWARE

YOU USE THIS SOFTWARE ONLY AT YOUR COMPUTER OF WHICH IS INSTALLED THIS SOFTWARE.

3. COPYRIGHT, COPY, ETC
(a) COPYRIGHT OF THIS SOFTWARE AND ALL RIGHTS OF TECHNOROGY OF THIS SOFTWARE BELONG TO OPTIM CORPORATION ("OPTIM") OR LICENSER OF SOFTWARE THAT IS NEEDED WHEN THIS SOFTWARE IS CONSTRUCTED.
(b) YOU CAN COPY THIE SOFTWARE ONLY ONE PIECE FOR AVOIDING LOST AND BROKEN.
(c) YOU ARE INHIBITED TO USE,TO COPY AND TO REVISE THIS SOFTWARE EXCEPT DESCRIBED CASE IN THIS LICENSE AGREEMENT.