SOFTWARE LICENSE AGREEMENT

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. INSTALLING OR USING THE SOFTWARE INDICATES THAT YOU AGREE TO AND ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS AGREEMENT YOU MAY RETURN THE UNUSED SOFTWARE FOR A FULL REFUND TO THE PLACE OF PURCHASE.

LICENSE

Electronics For Imaging, Inc. grants you a non-exclusive, non-transferable license to use the software and accompanying documentation (“Software”) included with the controller GA-1140 for TOSHIBA e-STUDIO550/650/810 Series printer you have purchased, including without limitation PostScript® software provided by Adobe Systems Incorporated.

You may:

a.use the Software solely for your own customary business purposes and solely with the controller GA-1140 for TOSHIBA e-STUDIO550/650/810 Series;

b.use the digitally-encoded machine-readable outline and bitmap programs (“Font Programs”) provided with the controller GA-1140 for TOSHIBA e- STUDIO550/650/810 Series in a special encrypted format (“Coded Font Programs”) to reproduce and display designs, styles, weights, and versions of letters, numerals, characters and symbols (“Typefaces”) solely for your own customary business purposes on a monitor used with the controller GA-1140 for TOSHIBA e- STUDIO550/650/810 Series;

c.use the trademarks used by Electronics For Imaging to identify the Coded Font Programs and Typefaces reproduced therefrom (“Trademarks”); and

d.assign your rights under this Agreement to a transferee of all of your right, title and interest in and to the controller GA-1140 for TOSHIBA e-STUDIO550/650/ 810 Series provided the transferee agrees to be bound by all of the terms and conditions of this Agreement.

You may not:

a.make use of the Software, directly or indirectly, to print bitmap images with print resolutions of greater than 600 dots per inch, or to generate fonts or typefaces for use other than with the controller GA-1140 for TOSHIBA e-STUDIO550/650/810 Series;

b.make or have made, or permit to be made, any copies of the Software, Coded Font Programs, accompanying documentation or portions thereof, except as necessary for use with the controller GA-1140 for TOSHIBA e-STUDIO550/650/810 Series purchased by you; provided, however, that under no circumstances may you make or have made, or permit to be made, any copies of that certain portion of the Software which has been included on the controller GA-1140 for TOSHIBA e-STUDIO550/650/810 Series hard disk drive or ROM. You may not copy the documentation;

c.attempt to alter, disassemble, decrypt or reverse engineer the Software, Coded Font Programs.

d.rent or lease the Software.

PROPRIETARY RIGHTS

You acknowledge that the Software, Coded Font Programs, Typefaces, and Trademarks are proprietary to Electronics For Imaging and its suppliers and that title and other intellectual property rights therein remain with Electronics For Imaging and its suppliers. Except as stated above, this Agreement does not grant you any right to patents, copyrights, trade secrets, trademarks (whether registered or unregistered), or any other rights, franchises or licenses in respect of the Software, Coded Font Programs, Typefaces, or Trademarks. You may not adapt or use any trademark or trade name which is likely to be similar to or confusing with that of Electronics For Imaging or any of its suppliers or take any other action which impairs or reduces the trademark rights of Electronics For Imaging or its suppliers. The trademarks may only be used to identify printed output produced by the Coded Font Programs. At the reasonable request of Electronics For Imaging, you must supply samples of any Typeface identified with a trademark.

CONFIDENTIALITY

You agree to hold the Software and Coded Font Programs in confidence, disclosing the Software and Coded Font Programs only to authorized users having a need to use the Software and Coded Font Programs as permitted by this Agreement and to take all reasonable precautions to prevent disclosure to other parties.

REMEDIES

Unauthorized use, copying or disclosure of the Software, Coded Font Programs, Typefaces, or Trademarks will result in automatic termination of this license and will make available to Electronics For Imaging other legal remedies.

LIMITED WARRANTY AND DISCLAIMER

Electronics For Imaging warrants that, for a period of ninety (90) days from the date of delivery to you, the Software under normal use will perform without significant errors that make it unusable. Electronics For Imaging’s entire liability and your exclusive remedy under this warranty (which is subject to you returning the controller GA-1140 for TOSHIBA e-STUDIO550/650/810 Series to Electronics For Imaging or an authorized dealer) will be, at Electronics For Imaging’s option, to use reasonable commercial efforts to attempt to correct or work around errors, to replace the Software with functionally equivalent software, or to refund the purchase price and terminate this Agreement. Some states/jurisdictions do not allow limitations on duration of implied warranty, so the above limitation may not apply to you.

For warranty service, please contact your authorized service/support center.

EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ELECTRONICS FOR IMAGING MAKES AND YOU RECEIVE NO WARRANTIES OR CONDITIONS ON THE SOFTWARE OR CODED FONT PROGRAMS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH YOU, AND ELECTRONICS FOR IMAGING SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Electronics For Imaging does not warrant that the operation of the software will be uninterrupted or error free or that the Software will meet your specific requirements.

1

Page 3
Image 3
Toshiba GA-1140 manual Software License Agreement