Ricoh 2051 Quick Start Guide - Page 50

Technesis®, Inc. Ricoh ESA Integration Guide DEALING. 7. No Liability. IN NO EVENT SHALL TECHNESIS OR ANY OF ITS DISTRIBUTORS BE LIABLE FOR ANY CLAIMS AGAINST YOU BY ANY THIRD PARTY RELATING TO ANY SOFTWARE OR YOUR USE OF ANY SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OF INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL TECHNESIS OR ANY OF ITS DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR LOSS OF OTHER SOFTWARE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF TECHNESIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. IN ADDITION, IN NO EVENT SHALL TECHNESIS OR ANY OF ITS DISTRIBUTORS BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. 8. Support. Support for the Software is available from Technesis or its distributors under a separate maintenance and support agreement upon payment of applicable annual maintenance and support fees. 9. Government Licensee. If you are a government entity, then pursuant to the policy stated at 48 CFR 227.7202-1, as a U.S. Government user, you acknowledge that (i) the Software is commercial computer software, (ii) this Agreement embodies the licenses customarily used by Technesis for licenses in Software granted to the public, and (iii) the licenses set forth herein shall apply to all possession, use and duplication of the Software by the Government (including you), except to the extent which such licenses are inconsistent with Federal procurement law. Contractor/ manufacturer is TECHNESIS INC, 1400 Terra Bella Ave., Suite C, Mountain View, CA 94043 USA. 10. Termination. Technesis may terminate this Agreement immediately upon written notice to you if (i) you breach any material term of this Agreement and fail to cure such breach within thirty (30) days following written notice to you, (ii) you violate any intellectual property right of Technesis in any Software. Upon termination of this Agreement, for whatever reason, you will immediately return to Technesis, or at Technesis' request destroy, all copies of the Software in you possession or under you control, and you (if you are an entity, signed by one of your officers) shall certify to Technesis in writing that you have done so. 11. Applicable Law. This Agreement shall be deemed entered into in the State of California, USA, and the laws of the State of California, USA, excluding conflict of law rules and principles, shall exclusively govern this Agreement, its interpretation and enforcement and the relations between the parties. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. 12. Miscellaneous. If any provision hereof is held invalid or unenforceable it shall be reformed only to the extent necessary to make it enforceable. This Agreement sets forth the entire agreement between the parties relating to the subject matter hereof and may be amended only by a writing executed by both parties. The terms of this Agreement will govern and supersede all pre-printed terms and conditions of purchase order or other business forms of either party. 13. Verification. You understand that Technesis may verify the information provided by you and may contact you. Technesis has no obligation to provide any security code for the Software to you, unless, among other things, Technesis is satisfied, in its discretion, that you are a bona fide end user customer, and that the information provided by you to Technesis is accurate. Technesis®, Inc. Page 50 of 50 Technesis Ricoh Java Application