fi-8190/fi-8290/fi-8170/fi-8270/fi-8150/fi-8250/fi-8150U/fi-8250U Firmware 0P00 Update

END-USER LICENSE AGREEMENT
FOR Firmware Update Tool 20.0.16
This End-User License Agreement ("EULA") is a legal agreement between the user of this software ("You") and PFU Limited ("PFU") for governing the use of PFU software known as Firmware Update Tool ("Software") to be used with PFU Imaging Scanner products known as "fi series" ("Product").
BY DOWNNLOADING, INSTALLING, COPYING, OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU ARE NOT PERMITTED TO USE THE SOFTWARE. IF YOU DOWNLOAD OR INSTALL THE SOFTWARE ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS AND CONDITIONS ON ITS BEHALF (SUCH EMPLOYER BEING HEREINAFTER ALSO REFERRED TO AS "YOU").  YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS EULA.
1.	Grant of License
(1)	PFU hereby grants You a non-exclusive and non-transferable license to use the Software, in machine-readable object code, subject to the terms and conditions of this EULA. You agree that You are licensing the Software for Your end use (internal business purpose) only and not for resale or redistribution. All Your rights hereunder are subject to and conditioned upon Your complying with all of the other terms and conditions of this EULA.
(2)	You may download the Software to a computer for the purpose of updating the firmware of the Product which You are using. Upon executing the Software, the firmware of Your Product will be updated. Sharing of the Software on multiple computers is strictly prohibited and would be a material breach of this EULA.
(3)	You acknowledge and agree that the terms and conditions of this EULA also apply to the Software (including the firmware of the Product which will be updated by executing the Software, the same applies hereinafter) and any updates, upgrades, and supplements to the Software.
2.	Backup Copy
You may make one (1) backup copy of the Software solely for archival purposes.
3.	Restrictions
(1)	You shall not: (a) sell, lease, assign, transfer, sublicense, disseminate, modify, translate, disclose, duplicate, reproduce, copy, or virtualize the Software (or permit any of the foregoing to be done by any other party), except as expressly stated herein, without the prior written consent of PFU; (b) except to the extent expressly permitted by applicable law, reverse engineer, reverse compile or reverse assemble the Software or otherwise attempt to create the source code from the Software; (c) make any copies of the Software, other than as permitted by this EULA; or (d) create any derivative work thereof. You agree to treat the Software as the confidential and proprietary information of PFU or its licensors and suppliers.
(2)	Except as permitted under this EULA, You are not permitted to use the Software for the services (including application service provider, but not limited to this) to provide the function of the Software to the third party.
(3)	Notwithstanding the Sub-Section 3.(1) above, You may modify, reverse engineer, reverse compile or reverse assemble only the component from the GNU program in the Software, to the extent expressly permitted by the terms and conditions of the GNU Lesser General Public License. You agree to comply with the terms and conditions of the GNU Lesser General Public License to use Component. Neither PFU nor any affiliated company shall be responsible to any and all losses and damages You may incur by modifying, reverse engineering, reverse compiling or reverse assembling the Software.
(4)	You shall not use the Software by circumventing or canceling technical limitations preset in the Software.
(5)	YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS DESIGNED, DEVELOPED OR MANUFACTURED AS CONTEMPLATED FOR GENERAL USE, INCLUDING WITHOUT LIMITATION, GENERAL OFFICE USE, PERSONAL USE, HOUSEHOLD USE, AND ORDINARY INDUSTRIAL USE, BUT NOT DESIGNED, DEVELOPED AND MANUFACTURED FOR ANY USE THAT MAY GIVE RISE TO FATAL RISKS OR DANGERS OR FOR ANY USE THAT COULD LEAD TO DEATH, PERSONAL INJURY, SEVERE PHYSICAL DAMAGE, OR OTHER LOSS IN THE ABSENCE OF EXTREMELY HIGH SAFETY REQUIREMENTS BEING FOLLOWED (EACH OF SUCH USES BEING HEREINAFTER REFERRED TO AS A "HIGH SAFETY REQUIRED USE"). HIGH SAFETY REQUIRED USES SHALL INCLUDE WITHOUT LIMITATION, NUCLEAR REACTION CONTROL IN NUCLEAR FACILITIES, AIRCRAFT FLIGHT CONTROL, AIR TRAFFIC CONTROL, MASS TRANSPORT CONTROL, MEDICAL LIFE SUPPORT SYSTEMS, AND MISSILE LAUNCH CONTROL IN WEAPON SYSTEMS. PFU, ITS LICENSORS, SUPPLIERS AND AFFILIATES DISCLAIM ANY AND ALL LIABILITY FOR DAMAGES CAUSED BY USE OF THE SOFTWARE IN ANY HIGH SAFETY REQUIRED USE. YOU AGREE NOT TO USE THE SOFTWARE IN ANY HIGH SAFETY REQUIRED USE. PFU DISCLAIMS ANY AND ALL LIABILITY FOR DAMAGES CAUSED BY YOUR USE OF THE SOFTWARE IN ANY HIGH SAFETY REQUIRED USE.
(6)	If You are a business, company, or organization, You acknowledge and agree that PFU has the right to audit Your compliance with this EULA, upon reasonable advanced notice.
(7)	You acknowledge and agree that the Software is not designed to protect computers or computer networks against unauthorized access or computer viruses and that neither PFU nor any of its affiliated companies, suppliers or resellers is liable for any damage to the Software, or to Your computers or computer networks, caused by such unauthorized access or computer viruses. You shall take proper security measures to avoid such unauthorized access or computer viruses. 
(8)	Nothing in this EULA is intended to limit any non-waivable right to decompile the Software to which You may be entitled under applicable law. For example, if You are located in the European Union (EU), You may enjoy the right to decompile the Software -- if certain conditions are met as specified in such law -- if necessary in order to achieve interoperability between (i) the Software and (ii) other applicable software, on the condition that You have first asked PFU in writing to provide the information necessary to achieve such interoperability and PFU has not provided such information available. You are advised that information supplied by PFU or discovered through decompilation of the Software shall be used only for those purposes expressly permitted by applicable law, and You are advised to consult such law and obtain legal counsel (if necessary) to achieve this compliance.
4.    Open Source Software
The Software contains the open source software developed by third party ("OSS") besides the software developed by PFU. The use of OSS is governed by the terms and conditions attached to each OSS prior to this EULA. You shall comply with the terms and conditions listed in the License section of the fi Series Network Settings menu to use each OSS. If You have any question related to the source code or any document of OSS, You may contact PFU, provided however that PFU will answer Your question for 3 years from the date when You download the Software.
5.	Reservation of Rights and Ownership
(1)	You agree that no title to, or intellectual property rights in, including, without limitation, any trade secret, copyright, patent and trademark, or any other interest in any Software, is transferred hereunder to You, with the exception of the licenses granted to You in this EULA.  You agree that You will not take or cause to be taken any action that would challenge the validity or enforceability of any of PFU’s intellectual property rights to Software or any technology included therein.
(2)	You shall not change or remove any copyright notices contained within the Software and its copy.
6.	Assignment
You represent and warrant that You will not transfer or assign the Software to any third party, without first ensuring that the transferee and/or assignee agrees to all of the terms and conditions of this EULA. In the event of the transfer or assignment, You shall transfer or assign all of the Software in connection with the transfer or assignment of Your Product. You shall not retain any copies of the Software after such transfer or assignment.
7.	Export Control
The Software is subject to U.S. export control laws and regulations and may also be subject to import and export laws of the jurisdiction in which it was obtained, if outside the U.S. You shall abide by all applicable export control laws, rules and regulations applicable to the Software. You agree that You will not export, re-export, or transfer the Software, in whole or in part, to any country, person, or entity subject to U.S. and any applicable export restrictions. You specifically agree not to export, re-export, or transfer the Software to: (i) any country to which is embargoed or restricted to export of goods or services, or to any national of such country, wherever located, who intends to transmit or transport the Software back to such country; (ii) any person or entity who You know or have reason to know will utilize the Software or portion thereof in the design, development, production or use of nuclear, chemical or biological materials, facilities, or weapons; or (iii) any person or entity who have been prohibited from participating in export transactions by any federal agency of the U.S. government or any applicable government.
8.	Software Support
You may purchase support service for the Software separately, if applicable. Support for the Software is not provided by PFU or its affiliates unless You purchase support service for the Software. For purchase of support service for the Software, please contact Your supplier.
9.	LIMITED WARRANTY
(1)	THE SOFTWARE IS PROVIDED BY PFU "AS IS". PFU ON BEHALF OF ITSELF AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES OF ANY NATURE, WHETHER EXPRESS, IMPLIED OR OTHERWISE AND WHETHER ARISING FROM TRADE OR CUSTOM, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
(2)	In the event that You inform PFU that there is any discrepancy or defect in the Software with the specifications or functions described in the manual and/or the product information page for the Software on PFU website, PFU will provide corrective information for such discrepancy or defect for a period of ninety (90) days from the date You receipt of the Software.
(3)	IN ANY CASE, PFU’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THE SOFTWARE SHALL BE LIMITED TO THE PURCHASE PRICE ORIGINALLY PAID BY YOU FOR THE PRODUCT.
(4)	THIS SECTION 9 IS THE PFU’S SOLE WARRANTY AND LIABILITY FOR THE SOFTWARE.
(5)	THE LIMITATIONS AND EXCLUSIONS IN SECTION 9-(1), (2), (3), AND (4)   DO NOT APPLY TO ANY DAMAGES CAUSED BY PFU’S INTENTIONAL OR GROSSLY NEGLIGENT ACTS. IN ADDITION, THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN THE JURISDICTION AS SPECIFIED IN SECTION 13.
(6)	Even if a part of the Software has been developed by a third party, the third party developer shall have no liability in connection with the use, performance or non-conformance of the Software.
10.	Termination
PFU may terminate this EULA immediately if You fail to comply with the terms and conditions of this EULA. In such event, You shall discontinue all use of Software and materials related to the Software, and destroy all copies, summaries or extracts thereof, if any, which have been made by You, and all Confidential Information of PFU in Your possession. In the case of this termination, PFU shall not have any responsibility or liability to You.
11.	U.S. Government End Users
This Section 11 applies to all acquisitions of the Software by or for the federal government, or by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement or other activity with the federal government. By accepting delivery of the Software, the government hereby agrees that the Software qualifies as "commercial" computer software within the meaning of the acquisition regulation(s) applicable to this procurement.  The terms and conditions of this End User Agreement shall pertain to the government’s use and disclosure of the Software, and shall supersede any conflicting contractual terms or conditions.  If this EULA fails to meet the government’s needs or is inconsistent in any respect with Federal law, the government agrees to return the Software, unused.  The following additional statement applies only to acquisitions governed by DFARS Subpart 227.4 (October 1988): "Restricted Rights – Use, duplication and disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT. 1988)."
12.	Miscellaneous Provisions
(1) This EULA sets forth the entire agreement and understanding between You and PFU relating to the Software, and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software. It may not be modified or changed in any way without the express written consent of the parties hereto.
(2) If any provision of this EULA is held to be invalid or unenforceable for any reason by any tribunal of competent jurisdiction to be invalid, illegal or unenforceable, the other provisions shall continue in full force and effect.
(3) The failure of either Party to enforce, in any one or more instances, any of the terms and conditions of this Agreement shall not be construed as a waiver of the future performance of any such term or condition. Waiver of any term of condition of this Agreement shall only be deemed to have been made if expressed in writing by the Party granting such waiver.
(4) You agree that any difference or dispute between You and PFU concerning the interpretation or validity of this EULA or the rights and liabilities of the parties shall be settled by arbitration in Tokyo, Japan in accordance with the Rules of Procedure of the Japan Commercial Arbitration Association. You also agree that the arbitrator may grant injunction or other relief in the dispute or controversy, provided that PFU may seek immediate injunction and other equitable relief enjoining any breach or threatened breach of this Agreement in any court or competent jurisdiction without breach of this Sub-Section 12.(4). The award rendered by the arbitration shall be final and binding upon the parties. Judgment upon such award may be entered in any court having jurisdiction thereof.
13.	Governing Law and Jurisdiction
This EULA will be governed by and construed in accordance with the substantive laws of Japan, without regard to conflict of laws principles. This EULA will not be governed by the conflict of law rules of any jurisdiction or by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 
PFU Limited
July 2023