Kyocera KM-C3232 PRESCRIBE Commands Technical Reference Manual - Rev. 4.7 - Page 4
In No Event Will Agfa Japan Be Liable For Lost Profits, Lost Data, Or Any Other Incidental
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more than three printing systems, 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. 4. You agree not to duplicate or copy the Software or Typefaces, except that you may make one backup copy. You agree that any such copy shall contain the same proprietary notices as those appearing on the original. 5. This License shall continue until the last use of the Software and Typefaces, unless sooner terminated. This License may be terminated by Agfa Japan if you fail to comply with the terms of this License and such failure is not remedied within thirty (30) days after notice from Agfa Japan. When this License expires or is terminated, you shall either return to Agfa Japan or destroy all copies of the Software and Typefaces and documentation as requested. 6. You agree that you will not modify, alter, disassemble, decrypt, reverse engineer or decompile the Software. 7. Agfa Japan warrants that for ninety (90) days after delivery, the Software will perform in accordance with Agfa Japanpublished specifications, and the diskette will be free from defects in material and workmanship. Agfa Japan does not warrant that the Software is free from all bugs, errors and omissions. THE PARTIES AGREE THAT ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, ARE EXCLUDED. 8. Your exclusive remedy and the sole liability of Agfa Japan in connection with the Software and Typefaces is repair or replacement of defective parts, upon their return to Agfa Japan. IN NO EVENT WILL AGFA JAPAN BE LIABLE FOR LOST PROFITS, LOST DATA, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES CAUSED BY ABUSE OR MISAPPLICATION OF THE SOFTWARE AND TYPEFACES. 9. New York, U.S.A. law governs this Agreement. 10. You shall not sublicense, sell, lease, or otherwise transfer the Software and/or Typefaces without the prior written consent of Agfa Japan. 11. Use, duplication or disclosure by the Government is subject to restrictions as set forth in the Rights in Technical Data and Computer Software clause at FAR 252-227-7013, subdivision (b)(3)(ii) or subparagraph (c)(1)(ii), as appropriate. Further use, duplication or disclosure is subject to restrictions applicable to restricted rights software as set forth in FAR 52.227-19 (c)(2). 12. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. NEITHER PARTY SHALL BE BOUND BY ANY STATEMENT OR REPRESENTATION NOT CONTAINED IN THIS AGREEMENT. NO CHANGE IN THIS AGREEMENT IS EFFECTIVE UNLESS WRITTEN AND SIGNED BY PROPERLY AUTHORIZED REPRESENTATIVES OF EACH PARTY. BY OPENING THIS DISKETTE PACKAGE, YOU AGREE TO ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. ii
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