Confidentiality
You agree to hold the Software in confidence, disclosing the Software only to authorized users having a need to use the Software as permitted by this Agreement and to take all reasonable precautions to prevent disclosure to other parties.
Remedies and Termination
Unauthorized use, copying or disclosure of the Software, or any breach of this Agreement will result in automatic termination of this license and will make available to EFI other legal remedies. In the event of termination, you must destroy all copies of the Software and all of its component parts. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, damages, and EFI’s proprietary rights shall survive termination.
Limited Warranty and Disclaimer
EFI warrants to the original purchaser (“Customer”) for thirty (30) days from the date of original purchase from EFI or its authorized retailer that the Software will perform in substantial conformance to the Documentation when the Product is used as authorized by EFI’s specifications. EFI warrants the media containing the Software against failure during the above warranty period. EFI makes no warranty or representation that the Software will meet your specific requirements, that the operation of the Software will be uninterrupted or error free, or that all defects in the Software will be corrected. EFI makes no warranty, implied or otherwise, regarding the performance or reliability of any third party products (software or hardware) not provided by EFI. THE INSTALLATION OF ANY THIRD PARTY PRODUCTS OTHER THAN AS AUTHORIZED BY EFI WILL VOID THIS WARRANTY. IN ADDITION, USE, MODIFICATION, AND/OR REPAIR OF THE PRODUCT OTHER THAN AS AUTHORIZED BY EFI WILL VOID THIS WARRANTY.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, EFI MAKES AND YOU RECEIVE NO WARRANTIES OR CONDITIONS ON THE SOFTWARE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH YOU, AND EFI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EFI AND ITS SUPPLIERS SHALL NOT 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 SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE OR FAILURE OF THE SOFTWARE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF EFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE PRICE OF THE PRODUCT REFLECTS THIS ALLOCATION OF RISK. BECAUSE SOME 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
U.S. Government Restricted Rights:
The Software and Documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS
General
The laws of the State of California govern this Agreement. You agree that this Agreement shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods (1980). This Agreement is the entire agreement held between us and supersedes any other communications or advertising with respect to the Software. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
If you have any questions, please see EFI’s web site at www.efi.com.
Electronics For Imaging
303 Velocity Way
Foster City, CA 94404
