Toshiba GA-1121 manual Limitation of Liability

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.

You are hereby notified that Adobe Systems Incorporated, a Delaware corporation located at 345 Park Avenue, San Jose, CA 95110-2704 (“Adobe”) is a third- party beneficiary to this agreement to the extent that this agreement contains provisions which relate to your use of any software, font programs, typefaces, and/or trademarks licensed or supplied by Adobe. Such provisions are made expressly for the benefit of Adobe and are enforceable by Adobe in addition to EFI. ADOBE WILL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY ADOBE SOFTWARE OR TECHNOLOGY LICENSED HEREUNDER.

Export Controls

EFI’s Products are subject to U.S. export laws and regulations, including the U.S. Export Administration Regulations, as well as foreign export laws and regulations. You agree that you will not use, distribute, transfer, export, or re-export any portion of the Product or the Software in any form in violation of any applicable laws or regulations of the United States or the country in which you obtained them.

U.S. Government Restricted Rights:

Use, duplication, or disclosure of the Software by the United States Government is subject to restrictions as set forth in FAR 12.212 or DFARS 227.7202-3 - 227.7202-4 and, to the extent required under U.S. federal law, the minimum restricted rights as set out in FAR 52.227-14, Restricted Rights Notice (June 1987) Alternate III(g)(3)(June 1987) or FAR 52.227-19 (June 1987). To the extent any technical data is provided pursuant to the Agreement, such data is protected per FAR 12.211 and DFARS 227.7102-2 and to the extent explicitly required by the U.S. Government, is subject to limited rights as set out in DFARS 252.227.7015 (November 1995) and DFARS 252.227-7037 (September 1999). In the event that any of the above referenced agency regulations are modified or superceded, the subsequent or equivalent regulation shall apply. The name of the Contractor is Electronics for Imaging.

General

The rights and obligations of the parties related to this Agreement will be governed in all respects by the laws of the State of California exclusively, as such laws apply to contracts between California residents performed entirely within California. The United Nations Convention on Contracts for the International Sale of Goods and any other similar convention does not apply to this Agreement. For all disputes related to this Agreement, you consent to the personal and exclusive jurisdiction and venue of the state courts in San Mateo County, California and the federal court for the Northern District of California. 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, such provision shall be deemed modified to the extent necessary to be enforceable and the other provisions in 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