d. assign your rights under this Agreement to a transferee of all of your right, title and interest in and to Fiery XJ 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 6c00 dots per inch or greater, or to generate fonts or typefaces for use other than with Fiery XJ;
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 Fiery XJ unit 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 Fiery XJ hard disk drive. You may not copy the documentation;
c. attempt to alter, disassemble, decrypt or reverse engineer the Software, Coded Font Programs or accompanying documentation;
d. rent or lease the Software.
Proprietary Rights
You acknowledge that the Software, Coded Font Programs, Typefaces, Trademarks and accompanying documentation 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, Trademarks or accompanying documentation. 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.
The MacApp software is proprietary to Apple Computer, Inc. and is licensed to Electronics for Imaging, Inc. for distribution only for use in combination with DocuColor software utilities.
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, Trademarks or accompanying documentation 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 DocuColor 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 do not allow limitations on duration of implied warranty, so the above limitation may not apply to you.
Except for the above express limited warranty, Electronics for Imaging makes and you receive no warranties or conditions on the Products, express, implied, or statutory, and Electronics for Imaging specifically disclaims any implied warranty or condition of merchantability or fitness for a particular purpose.
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.
Limitation of Liability
IN NO EVENT WILL ELECTRONICS FOR IMAGING OR ITS SUPPLIERS 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 USE OF THE SOFTWARE, CODED FONT PROGRAMS OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF
