Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EFI AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE OR FAILURE OF THE SOFTWARE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF EFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE PRICE OF THE PRODUCT REFLECTS THIS ALLOCATION OF RISK. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You are hereby notified that Adobe Systems Incorporated, a Delaware corporation located at 345 Park Avenue, San Jose, CA
Export Controls
EFI’s Products are subject to U.S. export laws and regulations, including the U.S. Export Administration Regulations, as well as foreign export laws and regulations. You agree that you will not use, distribute, transfer, export, or
U.S. Government Restricted Rights:
Use, duplication, or disclosure of the Software by the United States Government is subject to restrictions as set forth in FAR 12.212 or DFARS
General
The rights and obligations of the parties related to this Agreement will be governed in all respects by the laws of the State of California exclusively, as such laws apply to contracts between California residents performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods and any other similar convention does not apply to this Agreement. For all disputes related to this Agreement, you consent to the personal and exclusive jurisdiction and venue of the state courts in San Mateo County, California and the federal court for the Northern District of California. This Agreement is the entire agreement held between us and supersedes any other communications or advertising with respect to the Software. If any provision of this Agreement is held invalid, such provision shall be deemed modified to the extent necessary to be enforceable and the other provisions in this Agreement shall continue in full force and effect.
If you have any questions, please see EFI’s web site at www.efi.com.
Electronics for Imaging 303 Velocity Way Foster City, CA 94404