IMPORTANT: READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING.

Software Program: Measurement Utility Software FD-S2w (Windows / macOS version)

DOWNLOADING, INSTALLING, AND/OR USING THE SOFTWARE INDICATES YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS END USER LICENSE AGREEMENT.
If you do not agree with the terms of this license agreement, you may not download the Software.

This End User License Agreement (hereinafter referred to as “Agreement”) is a legal agreement between KONICA MINOLTA, INC.(hereinafter referred to as "KONICA MINOLTA") and you, the end user, for the software program (hereinafter referred to as "SOFTWARE") identified above, which includes the software program itself as well as accompanying printed materials and online documentation if provided, regarding your nonexclusive rights to use the SOFTWARE as stated below. You are not granted any intellectual property rights for the SOFTWARE except as stated in this Agreement.

1. Grant of License

1. You may install and use only one copy of the SOFTWARE on a single computer at any one time to use with a KONICA MINOLTA product.
2. In addition to the preceding item, a single copy of the SOFTWARE may be made for backup or archival purposes.

2. Copyright

All copyrights to the SOFTWARE (and the included printed materials and online documentation) are owned by KONICA MINOLTA or KONICA MINOLTA’s licensor. The SOFTWARE is protected by copyright laws and international treaty provisions.

3. Restrictions

1. You may not use, copy or modify the SOFTWARE in any way except as expressly permitted by this Agreement and/or applicable laws.
2. You may not copy the manual or other printed materials accompanying the SOFTWARE.
3. You may not decompile or disassemble the SOFTWARE.
4. You may not sublicense, rent or lease the SOFTWARE and/or any copies of the SOFTWARE.
5. You agree that you will not export or re-export the SOFTWARE in any form in violation of any applicable laws and regulations regarding export control of the country in which you obtained them or the United States.

4. Transfer

You may permanently transfer all of your rights under this Agreement, provided that 1) you transfer the entire SOFTWARE (including accompanying printed materials and this Agreement) without modification, 2) that you destroy all copies in your possession immediately after the transfer and retain no copies, and 3) that the recipient agrees to the terms of this Agreement. If this SOFTWARE is an upgrade, you must transfer the upgrade together with all prior versions of the SOFTWARE. Upon transfer of the rights, your rights under this Agreement are immediately terminated and such rights are immediately granted to the recipient of the transfer.

5. Warranty and Liability

1. KONICA MINOLTA warrants that the recording media (such as CD-R) containing the SOFTWARE and any accompanying manuals or other printed materials shall be free from defects in material or workmanship which would interfere with the use of the SOFTWARE under normal use, and shall replace at no charge media or materials suffering from such defects within 90 days of the date on which you received this SOFTWARE.
   This SOFTWARE is provided "as is" and without warranties regarding functions or performance.
2. KONICA MINOLTA shall not be liable for any defects resulting from willfulness, negligence, or misuse on the part of you.
3. KONICA MINOLTA DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES REGARDING THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE.
4. IN NO EVENT SHALL KONICA MINOLTA OR ITS SUPPLIERS OR SUBSIDIARIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF KONICA MINOLTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Termination of Agreement

1. You may terminate this Agreement by destroying this SOFTWARE and any copies in your possession.
2. KONICA MINOLTA may terminate this Agreement at any time if you fail to comply with the terms and conditions of this Agreement. Upon such termination, you must immediately destroy this SOFTWARE along with any copies and accompanying materials in your possession.

7. Applicable laws

This Agreement is governed by the laws of Japan.

8. Severability

In the event that any part or parts of this Agreement shall be held illegal or null and void by any court or administrative body of competent jurisdiction, such determination shall not affect the remaining parts of this Agreement, and they shall remain in full force and effect as if such part or parts determined illegal or void had not been included.

9. NOTICE TO U.S. GOVERNMENT END USERS

If you are acquiring the SOFTWARE on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees: (i) if the SOFTWARE is supplied to the Department of Defense (DoD), the Software is classified as "Commercial Computer Software" and the Government is acquiring only "restricted right" in the SOFTWARE as that term is defined in Clause 252.227.7013(c)(1) of the DFARS; and (ii) if the SOFTWARE is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the SOFTWARE will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to FAR.

If you have any questions concerning this Agreement, please contact the nearest authorized KONICA MINOLTA facility or distributor.

IMPORTANT: READ THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING.

Product: Firmware Update Software for Auto Scan Spectrophotometer FD-9

You may download, install and use the Software only when you agree with the terms of this license agreement. If you do not agree with the terms of this license agreement, you may not download the Software.

This agreement is a legal agreement between Konica Minolta, Inc. (hereinafter referred to as "KONICA MINOLTA") and you, customer of Konica Minolta's product Auto Scan Spectrophotometer FD-9, for the product (hereinafter referred to as "SOFTWARE") identified above, which includes the software itself as well as accompanying online documentation if provided, regarding your rights to use the SOFTWARE as stated below. If you are not a customer of Konica Minolta's product Auto Scan Spectrophotometer FD-9 or you do not agree with the term of this license agreement, you may not download the SOFTWARE. By downloading the SOFTWARE, you agree to the terms of this license agreement. You are not granted any intellectual property rights for the SOFTWARE except as stated in this agreement.

1. Grant of License

1. You may download, download and use the Software on a single computer at the same time solely for the purposes of upgrading the Konica Minolta's product Auto Scan Spectrophotometer FD-9.
2. You may make a copy of the Software solely for backup purposes.

2. Rights

1. All rights, including but not limited to copyrights and other intellectual property rights, to the Software (including printed materials and online documentation) are owned by KONICA MINOLTA or third party licensors.
2. The Software is protected by copyright laws, other laws, and international treaties.

3. RESTRICTIONS

1. Except as expressly permitted by this agreement and/or applicable laws;

(i)You may not use, copy, modify, merge, revise or enhance the Software in any way.

(ii)You may not decompile, disassemble, reverse engineer or otherwise attempt to discover the Software's source code.

(iii)You may not make others install and/or use the Software by rental, lease, transfer, sub-license or any other method.

2. You agree that you will not export or re-export the Software in any form in violation of any applicable laws and regulations regarding export control of the country in which you obtained them or the United States.

4. Warranty and Liability

1. KONICA MINOLTA PROVIDES TO YOU THE SOFTWARE "AS IS" AND KONICA MINOLTA HEREBY DISCLAIMS WITH RESPECT TO THE SOFTWARE ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUS, ACCURACY OR COMPLETENESS OF RESPONSE.
2. IN NO EVENT SHALL KONICA MINOLTA BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF KONICA MINOLTA OR THIRD PARTY LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

5. Termination of Agreement

1. You may terminate this agreement at any time by destroying the Software and all your copies of it, as well as all other related documents.
2. KONICA MINOLTA may terminate this agreement if you fail to comply with these terms. Upon such termination, you agree to destroy the Software and all your copies of it, as well as all other related documents.

6. Applicable laws

This license agreement is governed by the laws of Japan.

7. Severability

In the event that any part or parts of this agreement shall be held illegal or null and void by any court or administrative body of competent jurisdiction, such determination shall not affect the remaining parts of this agreement, and they shall remain in full force and effect as if such part or parts determined illegal or void had not been included.

8. NOTICE TO U.S. GOVERNMENT END USERS

If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees: (i) if the Software is supplied to the Department of Defense (DoD), the Software is classified as "Commercial Computer Software" and the Government is acquiring only "restricted right" in the Software as that term is defined in Clause 252.227.7013(c)(1) of the DFARS; and (ii) if the Software is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the Software will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to FAR.

If you have any questions concerning this license agreement, please contact the nearest authorized Konica Minolta, Inc., Sensing Business Unit facility or distributor.