Proprietary Rights

You acknowledge that the Software, Coded Font Programs, Typefaces, and Trademarks are proprietary to Electronics For Imaging and its suppliers and that title and other intellectual property rights therein remain with Electronics For Imaging and its suppliers. Except as stated above, this Agreement does not grant you any right to patents, copyrights, trade secrets, trademarks (whether registered or unregistered), or any other rights, franchises or licenses in respect of the Software, Coded Font Programs, Typefaces, or Trademarks. You may not adapt or use any trademark or trade name which is likely to be similar to or confusing with that of Electronics For Imaging or any of its suppliers or take any other action which impairs or reduces the trademark rights of Electronics For Imaging or its suppliers. The trademarks may be used only to identify printed output produced by the Coded Font Programs. At the reasonable request of Electronics For Imaging, you must supply samples of any Typeface identiﬁed with a trademark.

Conﬁdentiality

You agree to hold the Software and Coded Font Programs in conﬁdence, disclosing the Software and Coded Font Programs only to authorized users having a need to use the Software and Coded Font Programs as permitted by this Agreement and to take all reasonable precautions to prevent disclosure to other parties.

Remedies

Unauthorized use, copying or disclosure of the Software, Coded Font Programs, Typefaces, or Trademarks will result in automatic termination of this license and will make available to Electronics For Imaging other legal remedies.

Limited Warranty And Disclaimer

Electronics For Imaging warrants that, for a period of ninety (90) days from the date of delivery to you, the Software under normal use will perform without signiﬁcant errors that make it unusable. Electronics For Imaging’s entire liability and your exclusive remedy under this warranty (which is subject to you returning GA-1040 to Electronics For Imaging or an authorized dealer) will be, at Electronics For Imaging’s option, to use reasonable commercial efforts to attempt to correct or work around errors, to replace the Software with functionally equivalent software, or to refund the purchase price and terminate this Agreement. Some states/jurisdictions do not allow limitations on duration of implied warranty, so the above limitation may not apply to you.

For warranty service, please contact your authorized service/support center.

EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ELECTRONICS FOR IMAGING MAKES AND YOU RECEIVE NO WARRANTIES OR CONDITIONS ON THE SOFTWARE OR CODED FONT PROGRAMS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH YOU, AND ELECTRONICS FOR IMAGING SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Electronics For Imaging does not warrant that the operation of the Software will be uninterrupted or error free or that the Software will meet your speciﬁc requirements.

Limitation Of Liability

IN NO EVENT WILL ELECTRONICS FOR IMAGING OR ITS SUPPLIERS 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 USE OF THE SOFTWARE OR CODED FONT PROGRAMS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF ELECTRONICS FOR IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE PRICE OF THE GA-1040 REFLECTS THIS ALLOCATION OF RISK. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Export Controls

You agree that you will not export or re-export the Software or Coded Font Programs in any form without the appropriate United States and foreign government licenses. Your failure to comply with this provision is a material breach of this Agreement.

Government Use

Use, duplication or disclosure of the Software by the United States Government is subject to restrictions as set forth in subdivision (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or in subparagraphs (c) (1) and (2) of the Commercial Computer Software—Restricted Right Clause at 48 CFR 52.227-19, as applicable.

Third Party Beneﬁciary

You are hereby notiﬁed that Adobe Systems Incorporated, a California corporation located at 345 Park Avenue, San Jose, CA 95110-2704 (“Adobe”) is a third- party beneﬁciary to this Agreement to the extent that this Agreement contains provisions which relate to your use of the Fonts, the Coded Font Programs, the Typefaces and the Trademarks licensed hereby. Such provisions are made expressly for the beneﬁt of Adobe and are enforceable by Adobe in addition to Electronics For Imaging.