Foreword
(4)transfer possession of copies of the Software to another party by transferring a copy of this Agreement and all other documentation along with at least one complete unaltered copy of the Software, provided that
(i) you either transfer Software to such other party or destroy all your other copies of the Software (ii) such transfer of procession terminates your license from Hitachi Koki Imaging Solutions, Inc., and (iii) such other party shall accept and be bound by these license terms by its initial use of the Software.
4.RESTRICTIONS
(1)You shall not without the written consent of Hitachi Koki Imaging Solutions:
(i)use, copy, modify, merge or transfer copies of the Software except as provided herein.
(ii)reverse assemble or reverse compile the Software except as permitted by law; or
(iii)Sublicense, rent, lease or distribute the Software or any copy thereof.
(2)You shall not export or
5.LIMITED WARRANTY
Hitachi Koki Imaging Solutions, Inc., warrants the media on which the Soft- ware is recorded to be free from defects in materials and workmanship under normal use. Warranty details and limitations for the Software are described in the Statement of Limited Warranty which was supplied with the hardware. With the exception of the foregoing express warranties applicable to hard- ware and media only, the Software is not warranted but provided.
SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FIT- NESS FOR A PARTICULAR PURPOSE.
6.LIMITATION OF REMEDIES
IN NO EVENT WILL HITACHI KOKI IMAGING SOLUTIONS, INC., BE LIABLE FOR ANY LOST PROFITS, LOST DATA, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM USE OR INABILITY TO USE THE SOFTWARE, EVEN IF HITACHI KOKI IMAGING SOLUTIONS, INC., OR ITS AUTHORIZED REMARKETERS HAVE BEEN ADVISED TO THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY YOU BASED ON A THIRD PARTY CLAIM.
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