Xerox DocuColor 40CP manual Limitation Of Liability, Export Controls, Government Use, General

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 LIABILITY. THIS LIMITATION WILL APPLY EVEN IF ELECTRONICS FOR IMAGING OR ANY AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE PRICE OF THE UNIT REFLECTS THIS ALLOCATION OF RISK. BECAUSE SOME STATES/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 re-export the Software or Coded Font Programs in any form without the appropriate United States and foreign government licenses. Your failure to comply with this provision is a material breach of this Agreement.

Government Use

Use, duplication or disclosure of the Software by the United States Government is subject to restrictions as set forth in subdivision (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or in subparagraphs (c) (1) and (2) of the Commercial Computer Software—Restricted Right Clause at 48 CFR 52.227-19, as applicable.

Third Party Beneficiary

You are hereby notified that Adobe Systems Incorporated, a California 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 the Fonts, the Coded Font Programs, the Typefaces and the Trademarks licensed hereby. Such provisions are made expressly for the benefit of Adobe and are enforceable by Adobe in addition to Electronics for Imaging.

General

This Agreement will be governed by the laws of the State of California.

This Agreement is the entire agreement held between us and supersedes any other communications or advertising with respect to the Software, Coded Font Programs and accompanying documentation.

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 concerning this Agreement, please write to Electronics for Imaging, Inc., Attn: Licensing Dept. or see Electronics for Imaging’s web site at www.efi.com.

Electronics for Imaging, Inc. 2855 Campus Drive

San Mateo, CA 94403