Konica Minolta bizhub PRESS 2250P bizhub PRESS 2250P Trademarks/Copyrights - Page 85

1.3 SOFTWARE LICENSE AGREEMENT 1 representative to inspect and test any Compatible Implementation which has been self-certified per this subsection 3.2 to ensure that such Compatible Implementation meets the compatibility and other requirements for a Compatible Implementation as set forth herein. The reasonable costs of such inspection shall be at Sun's expense; provided, however, that You shall reimburse Sun for such costs if the inspection reveals that the Compatible Implementation does not meet such requirements and these deficiencies are not cured within thirty (30) days. 4.0 Fees and Royalties. There are no fees or royalites associated with the license grants for the Technology licensed under this JDL. II. GENERAL TERMS 5.0 No Warranty. THE TECHNOLOGY AND/OR MODIFICATIONS ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE TECHNOLOGY AND/OR MODIFICATIONS ARE FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING OF THIRD PARTY RIGHTS. YOU AGREE THAT YOU BEAR THE ENTIRE RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF ANY AND ALL TECHNOLOGY AND/OR MODIFICATIONS UNDER THIS JDL. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU 6.0 Infringement Claims. Sun may terminate this JDL, in Sun's sole discretion, upon any action initiated by You alleging that the use or distribution of the Technology and/or Modifications by Sun, or any other licensee of the Technology and/or Modifications, infringes a patent owned or controlled by You. In addition, if any portion of, or functionality implemented by, the Technology becomes the subject of a claim or threatened claim of infringement ("Affected Materials"), Sun may, at its sole option, (i) attempt to procure the rights necessary for You to continue using the Affected Materials, (ii) modify the Affected Materials so that they are no longer infringing, or (iii) immediately suspend Your rights to use and distribute the Affected Materials under this JDL by providing notice of suspension to You in a reasonable manner, and refund to You the amount, if any, having then actually been paid by You to Sun under this JDL, on a straight line, five year basis . 7.0 Limitation of Liability. Sun will be not be liable for any claims relating to, or arising out of, this JDL, whether in tort, contract or otherwise, in an amount in excess of any annual license fees You paid to Sun for the Technology. IN NO EVENT WILL SUN BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS JDL (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR ECONOMIC ADVANTAGE OF ANY SORT), HOWEVER IT ARISES AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER OR NOT SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. FURTHERMORE, LIABILITY UNDER THIS JDL SHALL BE SO LIMITED AND EXCLUDED, NOTWITHSTANDING FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. TO THE EXTENT ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES YOU INCUR FOR ANY REASON WHATSOEVER CANNOT BE DISCLAIMED THEN THE ENTIRE LIABILITY OF SUN UNDER ANY PROVISION OF THIS JDL, AND YOUR EXCLUSIVE REMEDY FOR ANY SUCH DAMAGES, SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE TECHNOLOGY OR FIVE HUNDRED US DOLLARS, bizhub PRESS 2250P 1-83