Software License Agreement
This is a legal agreement between you and Electronics for Imaging, Inc. (“Electronics for Imaging”), which is the supplier of the software (the “Software”) that accompanies this product (the “Product”). Your installation and use of the Software indicates your agreement to the following terms and conditions. If you do not agree to these terms, do not use the Software and you may return the unused Software for a refund.
Electronics for Imaging grants to you a non-exclusive limited license to use the Software subject to the following terms and conditions.
You may:
a. use the Software solely for your own customary business purposes and solely with the Product;
b. use the digitally-encoded machine-readable outline and bitmap programs (“Font Programs”) provided with the Product in a special encrypted format (“Coded Font Programs”) to reproduce and display designs, styles, weights, and versions of letters, numerals, characters and symbols on monitor used with the Product (“Typefaces”) solely for your own customary business purposes;
c. use the trademarks used by Electronics for Imaging to identify the Coded Font Programs and Typefaces reproduced therefrom (“Trademarks”); and
d. permanently transfer all of your rights under this Agreement to any recipient of the Product only as part of a sale or transfer of the Product, provided (i) you retain no copies of the Software (including any upgrades), (ii) you transfer to the recipient all of the Software (including any upgrades), the media and printed materials bundled with the Product, and this Software License Agreement, AND (iii) the recipient agrees to the terms of this Agreement.
You may not:
a. make or have made, or permit to be made, any copies of the Software, Coded Font Programs or portions thereof, except as necessary for use with the Product purchased by you; provided, however, that under no circumstances may you make or have made, or permit to be made, any copies of that certain portion of the Software which has been included on any portion of the controller board or hardware of the Product;
b. attempt to alter, disassemble, decrypt or reverse engineer the Software or Coded Font Programs; or
c. rent or lease the Software.
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 installation by 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 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 do not allow limitations on duration of implied warranty, so the above limitation may not apply to you. EFI makes no warranty, implied or otherwise, regarding the performance or reliability of any third party products not provided by EFI.
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. THE USE, MODIFICATION, REPAIR, AND/OR INSTALLATION OF ANY THIRD PARTY PRODUCTS, OTHER THAN AS AUTHORIZED BY EFI WILL VOID THE EXPRESS LIMITED WARRANTY ABOVE. 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.
