READ THIS SOFTWARE LICENSE AGREEMENT BEFORE USING THIS PRINTER
Software License Agreement
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRINTER. USING THIS PRINTER INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY RETURN THE PRINTER AND ALL ACCOMPANYING HARDWARE AND WRITTEN MATERIALS TO THE PLACE YOU OBTAINED THEM, AND YOUR MONEY WILL BE REFUNDED.
Definitions.
“Software” shall mean the digitally encoded,
License.
1.Authorized Use. You agree to accept a
2.Restrictions.
a.To protect the proprietary rights of Fujitsu Siemens Computers, you agree to maintain the Software Product and other proprietary information concerning the typefaces in strict confidence.
b.You agree not to duplicate or copy the Software Product.
c.You shall not sublicense, sell, lease, or otherwise transfer all or any portion of the Software Product separate from the printer, without the prior written consent of Fujitsu Siemens Computers.
d.You may not modify or prepare derivative works of the Software Product.
e.You may not transmit the Software Product over a network, by telephone, or electronically using any means; or reverse engineer, decompile or disassemble the Software.
f.You agree to keep confidential and use your best efforts to prevent and protect the contents of the Software Product from unauthorized disclosure or use.
3.Transfer. You may transfer the Software Product with the printer, but only if the recipient agrees to accept the terms and conditions of this Agreement. Your license is automatically terminated if you transfer the Software Product and printer.
Limited Software Product Warranty
Fujitsu Siemens Computers warrants that for ninety (90) days after delivery, the Software will perform in accordance with specifications published by Fujitsu Siemens Computers. Fujitsu Siemens Computers does not warrant that the Software is free from all bugs, errors and omissions.
Remedy
Your exclusive remedy and the sole liability of Fujitsu Siemens Computers in connection with the Software is replacement of defective software with a copy of the same version and revision level.
Disclaimer of Warranties and Limitation of Remedies
1.THE PARTIES AGREE THAT ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ARE EXCLUDED.
Fujitsu Siemens Computers does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free.
Fujitsu Siemens Computers reserves the right to make changes and/or improvements in the Software without notice at any time.
2.IN NO EVENT WILL FUJITSU SIEMENS COMPUTERS BE LIABLE FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTIONS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF FUJITSU SIEMENS COMPUTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY DAMAGES CAUSED BY THE ABUSE OR MANIPULATION OF THE SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
3.Fujitsu Siemens Computers will not be liable for any loss or damage caused by delay in furnishing a Software Product or any other performance under this Agreement.
4.Our entire liability and your exclusive remedies for our liability of any kind (including liability for negligence except liability for personal injury caused solely by our negligence) for the Software Product covered by this Agreement and all other performance or nonperformance by us under or related to this Agreement are limited to the remedies specified by this Agreement.
5.California law governs this Agreement.
Termination of License Agreement
This License shall continue until terminated. This license may be terminated by agreement between you and Fujitsu Siemens Computers or by Fujitsu Siemens Computers if you fail to comply with the terms of this License and such failure is not corrected within thirty (30) days after notice. When this License is terminated, you shall return to the place you obtained them, the printer and all copies of the Software and documentation.
U.S. Government Restricted Rights
Use, duplication or disclosure by the Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software clause at FAR
Acknowledgement of Terms and Conditions
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. NEITHER PARTY SHALL BE BOUND BY ANY STATEMENT OR REPRESENTATION NOT CONTAINED IN THIS AGREEMENT. NO CHANGE IN THIS AGREEMENT IS EFFECTIVE UNLESS WRITTEN AND SIGNED BY PROPERLY AUTHORIZED REPRESENTATIVES OF EACH PARTY. BY USING THIS PRINTER, YOU AGREE TO ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT.
