Konica Minolta IP-411 manual Nonexclusive License Agreement

NONEXCLUSIVE LICENSE AGREEMENT (continued)

6.LIMITED WARRANTY. Licensor warrants, for your benefit alone, for a period of 90 days from the date of commencement of this License Agreement (referred to as the “Warranty Period”) that the Software and Printer Drivers shall operate substantially in accordance with the functional specifications in the User Documentation. KONICA specifically does not warrant that the Software or Printer Drivers will operate uninterrupted or error-free. If during the Warranty Period, a defect in the Software or Printer Drivers appears, you may contact the Licensor for either a replacement or, if so elected by Licensor, refund of amounts paid by you under this License Agreement. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Licensor of any warranties made under this Agreement. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE LICENSED ARTICLES, AND THE SOFT-

WARE CONTAINED THEREIN, ARE LICENSED “AS IS,” AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRAN- TIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MER- CHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7.LIMITATION OF LIABILITY. Licensor’s cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed $250.00. In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

8.GOVERNING LAW. This License Agreement shall be construed and governed in accordance with the laws of the State of Connecticut. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

9.COSTS OF LITIGATION. If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.

10.NO WAIVER . The failure of any party to enforce any rights granted hereunder or to take action against the another party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

11.U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed Articles are provided with restricted rights. Use, duplication, or disclosure by the government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.277-7013, and paragraph (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at FAR 52.277-19. The manufacturer is: Konica Business Technologies, Inc., 500 Day Hill Road, Windsor, Connecticut 06095.

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