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Proprietary Rights
You acknowledge and agree that all rights, title and interest, including all intellectual property rights, in and relating to the Software, Documentation and all
modifications and derivative works thereof are solely owned by and shall remain with EFI and its suppliers. Except for the express limited license granted above to
use the Software, no right or license of any kind is granted. You receive no rights or license under any patents, copyrights, trade secrets, or trademarks (whether
registered or unregistered). You agree not to adopt, register, or attempt to register any EFI trademark or trade name (“EFI Mark”) or any confusingly similar mark,
URL, internet domain name, or symbol as your own name or the name of your affiliates or products, and not to take any other action which impairs or reduces
the trademark rights of EFI or its suppliers.
Confidentiality
The Software is confidential, proprietary information of EFI and you may not distribute or disclose the Software. You may, however, permanently transfer all of
your rights under this Agreement to another person or legal entity provided that: (1) such a transfer is authorized under all applicable export laws and regulations,
including the U.S. Export Administration Regulations, (2) you transfer to the person or entity all of the Software and Documentation (including all copies,
updates, upgrades, prior versions, component parts, the media and printed materials, and this Agreement); (3) you retain no copies of the Software and
Documentation, including copies stored on a computer; and (4) the recipient agrees to the terms and conditions of this Agreement.
Remedies and Termination
Unauthorized use, copying, or disclosure of the Software, or any breach of this Agreement will result in automatic termination of this license and will make available
to EFI other legal remedies. In the event of termination, you must destroy all copies of the Software, Documentation, and all component parts thereof. All
provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, damages, governing law, jurisdiction, venue, and EFI’s
proprietary rights shall survive termination.
Limited Warranty and Disclaimer
EFI warrants to the original purchaser (“Customer”) for thirty (30) days from the date of original purchase from EFI or its authorized retailer that the Software
will perform in substantial conformance to the Documentation when the Product is used as authorized by EFI’s specifications. EFI warrants the media containing
the Software against failure during the above warranty period. EFI makes no warranty or representation that the Software will meet your specific requirements,
that the operation of the Software will be uninterrupted, secure, fault-tolerant, or error free, or that all defects in the Software will be corrected. EFI makes no
warranty, implied or otherwise, regarding the performance or reliability of any third party products (software or hardware. THE INSTALLATION OF ANY
THIRD PARTY PRODUCTS OTHER THAN AS AUTHORIZED BY EFI WILL VOID THIS WARRANTY. IN ADDITION, USE, MODIFICATION,
AND/OR REPAIR OF THE PRODUCT OTHER THAN AS AUTHORIZED BY EFI WILL VOID THIS WARRANTY.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EFI
MAKES AND YOU RECEIVE NO WARRANTIES OR CONDITIONS ON THE SOFTWARE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY
OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH YOU, AND EFI SPECIFICALLY DISCLAIMS ANY IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD
PARTY RIGHTS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EFI AND ITS SUPPLIERS SHALL NOT 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 SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE OR FAILURE OF THE SOFTWARE, HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF EFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. YOU ACKNOWLEDGE THAT THE PRICE OF THE PRODUCT REFLECTS THIS ALLOCATION OF RISK. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You are hereby notified that Adobe Systems Incorporated, a Delaware 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 any software, font programs, typefaces, and/or
trademarks licensed or supplied by Adobe. Such provisions are made expressly for the benefit of Adobe and are enforceable by Adobe in addition to EFI. ADOBE
WILL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY ADOBE SOFTWARE OR TECHNOLOGY LICENSED HEREUNDER.
Export Controls
EFI’s Products are subject to U.S. export laws and regulations, including the U.S. Export Administration Regulations, as well as foreign export laws and regulations.
You agree that you will not use, distribute, transfer, export, or re-export any portion of the Product or the Software in any form in violation of any applicable laws
or regulations of the United States or the country in which you obtained them.