Kyocera FS-9120DN FS-9120DN/9520DN Operation Guide Rev-2 - Page 3

IBM program license agreement, License, Limited Warranty, Limitation of Remedies, General

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IBM program license agreement The device you have purchased contains one or more software programs ("programs") which belong to international business machines corporation ("IBM"). This document defines the terms and conditions under which the software is being licensed to you by IBM. If you do not agree with the terms and conditions of this license, then within 14 days after your acquisition of the device you may return the device for a full refund. If you do not so return the device within the 14 days, then you will be assumed to have agreed to these terms and conditions. The Programs are licensed not sold. IBM, or the applicable IBM country organization, grants you a license for the Programs only in the country where you acquired the Programs. You obtain no rights other than those granted you under this license. The term "Programs" means the original and all whole or partial copies of it, including modified copies or portions merged into other programs. IBM retains title to the Programs. IBM owns, or has licensed from the owner, copyrights in the Programs. 1. License Under this license, you may use the Programs only with the device on which they are installed and transfer possession of the Programs and the device to another party. If you transfer the Programs, you must transfer a copy of this license and any other documentation to the other party. Your license is then terminated. The other party agrees to these terms and conditions by its first use of the Program. You may not: 1) use, copy, modify, merge, or transfer copies of the Program except as provided in this license; 2) reverse assemble or reverse compile the Program; or 3) sublicense, rent, lease, or assign the Program. 2. Limited Warranty The Programs are provided "AS IS." There are no other warranties covering the programs (or conditions), express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. 3. Limitation of Remedies IBM's entire liability under this license is the following; 1) For any claim (including fundamental breach), in any form, related in any way to this license, IBM's liability will be for actual damages only and will be limited to the greater of: a) the equivalent of U.S.$25,000 in your local currency; or b) IBM's then generally available license fee for the Program ii This limitation will not apply to claims for bodily injury or damages to real or tangible personal property for which IBM is legally liable. IBM will not be liable for any lost profits, lost savings, or any incidental damages or other economic consequential damages, even if IBM, or its authorized supplier, has been advised of the possibility of such damages. IBM will not be liable for any damages claimed by you based on any third party claim. This limitation of remedies also applies to any developer of Programs supplied to IBM. IBM's and the developer's limitations of remedies are not cumulative. Such a developer is an intended beneficiary of this Section. Some jurisdictions do not allow these limitations or exclusions, so they may not apply to you. 4. General You may terminate your license at any time. IBM may terminate your license if you fail to comply with the terms and conditions of this license. In either event, you must destroy all your copies of the Program. You are responsible for payment of any taxes, including personal property taxes, resulting from this license. Neither party may bring an action, regardless of form, more than two years after the cause of action arose. If you acquired the Program in the United States, this license is governed by the laws of the State of New York. If you acquired the Program in Canada, this license is governed by the laws of the Province of Ontario. Otherwise, this license is governed by the laws of the country in which you acquired the Program. Typeface Trademark Acknowledgement All resident fonts in this printer are licensed from Agfa Corporation. Helvetica, Palatino and Times are registered trademarks of Linotype-Hell AG. ITC Avant Garde Gothic, ITC Bookman, ITC ZapfChancery and ITC Zapf Dingbats are registered trademarks of International Typeface Corporation. Agfa Japan License Agreement 1. "Software" shall mean the digitally encoded, machine readable, scalable outline data as encoded in a special format as well as the UFST Software. 2. You agree to accept a non-exclusive license to use the Software to reproduce and display weights, styles and versions of letters, numerals, characters and symbols ("Typefaces") solely for your own customary business or personal purposes at the address stated on the registration card you return to Agfa Japan. Under the terms of this License Agreement, you have the right to use the Fonts on up to three printers. If you need to have access to the fonts on more than three printers, you need to acquire a multi-user license agreement which can be obtained from Agfa Japan. Agfa Japan retains all rights, title and interest to the Software and Typefaces and no rights are granted to you other than a License to use the Software on the terms expressly set forth in this Agreement. 3. To protect proprietary rights of Agfa Japan, you agree to maintain the Software and other proprietary information concerning the Typefaces in strict confidence and to establish reasonable procedures regulating access to and use of the Software and Typefaces.

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ii
IBM program license agreement
The device you have purchased contains one or more software
programs (“programs”) which belong to international busi-
ness machines corporation (“IBM”). This document defines
the terms and conditions under which the software is being li-
censed to you by IBM. If you do not agree with the terms and
conditions of this license, then within 14 days after your ac-
quisition of the device you may return the device for a full re-
fund. If you do not so return the device within the 14 days,
then you will be assumed to have agreed to these terms and
conditions.
The Programs are licensed not sold. IBM, or the applicable
IBM country organization, grants you a license for the Pro-
grams only in the country where you acquired the Programs.
You obtain no rights other than those granted you under this
license.
The term “Programs” means the original and all whole or par-
tial copies of it, including modified copies or portions merged
into other programs. IBM retains title to the Programs. IBM
owns, or has licensed from the owner, copyrights in the Pro-
grams.
1. License
Under this license, you may use the Programs only with the
device on which they are installed and transfer possession of
the Programs and the device to another party.
If you transfer the Programs, you must transfer a copy of this
license and any other documentation to the other party. Your
license is then terminated. The other party agrees to these
terms and conditions by its first use of the Program.
You may not:
1)
use, copy, modify, merge, or transfer copies of the Program
except as provided in this license;
2) reverse assemble or reverse compile the Program; or
3) sublicense, rent, lease, or assign the Program.
2. Limited Warranty
The Programs are provided “AS IS.”
There are no other warranties covering the programs (or con-
ditions), express or implied, including, but not limited to, the
implied warranties of merchantability and fitness for a par-
ticular purpose.
Some jurisdictions do not allow the exclusion of implied war-
ranties, so the above exclusion may not apply to you.
3. Limitation of Remedies
IBM’s entire liability under this license is the following;
1) For any claim (including fundamental breach), in any
form, related in any way to this license, IBM’s liability will
be for actual damages only and will be limited to the great-
er of:
a) the equivalent of U.S.$25,000 in your local currency; or
b) IBM’s then generally available license fee for the
Program
This limitation will not apply to claims for bodily injury or
damages to real or tangible personal property for which IBM
is legally liable.
IBM will not be liable for any lost profits, lost savings, or any in-
cidental damages or other economic consequential damages,
even if IBM, or its authorized supplier, has been advised of the
possibility of such damages. IBM will not be liable for any dam-
ages claimed by you based on any third party claim. This limita-
tion of remedies also applies to any developer of Programs
supplied to IBM. IBM’s and the developer’s limitations of reme-
dies are not cumulative. Such a developer is an intended benefi-
ciary of this Section. Some jurisdictions do not allow these
limitations or exclusions, so they may not apply to you.
4. General
You may terminate your license at any time. IBM may termi-
nate your license if you fail to comply with the terms and con-
ditions of this license. In either event, you must destroy all
your copies of the Program. You are responsible for payment
of any taxes, including personal property taxes, resulting from
this license. Neither party may bring an action, regardless of
form, more than two years after the cause of action arose. If
you acquired the Program in the United States, this license is
governed by the laws of the State of New York. If you acquired
the Program in Canada, this license is governed by the laws of
the Province of Ontario. Otherwise, this license is governed by
the laws of the country in which you acquired the Program.
Typeface Trademark Acknowledgement
All resident fonts in this printer are licensed from Agfa Cor-
poration.
Helvetica, Palatino and Times are registered trademarks of
Linotype-Hell AG.
ITC Avant Garde Gothic, ITC Bookman, ITC ZapfChancery
and ITC Zapf Dingbats are registered trademarks of Interna-
tional Typeface Corporation.
Agfa Japan License Agreement
1.
“Software” shall mean the digitally encoded, machine
readable, scalable outline data as encoded in a special for-
mat as well as the UFST Software.
2.
You agree to accept a non-exclusive license to use the Soft-
ware to reproduce and display weights, styles and versions
of letters, numerals, characters and symbols (“Typefaces”)
solely for your own customary business or personal pur-
poses at the address stated on the registration card you re-
turn to Agfa Japan. Under the terms of this License
Agreement, you have the right to use the Fonts on up to
three printers. If you need to have access to the fonts on
more than three printers, you need to acquire a multi-user
license agreement which can be obtained from Agfa Japan.
Agfa Japan retains all rights, title and interest to the Soft-
ware and Typefaces and no rights are granted to you other
than a License to use the Software on the terms expressly
set forth in this Agreement.
3.
To protect proprietary rights of Agfa Japan, you agree to
maintain the Software and other proprietary information
concerning the Typefaces in strict confidence and to estab-
lish reasonable procedures regulating access to and use of
the Software and Typefaces.