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Software License Agreement
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS
BEFORE USING THIS PRINTER. USING THIS PRINTER
INDICATES YOUR ACCEPTANCE OF THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, PROMPTLY RETURN THE PRINTER AND ALL
ACCOMPANYING HARDWARE AND WRITTEN MATERIALS TO
THE PLACE YOU OBTAINED THEM, AND YOUR MONEY WILL BE
REFUNDED.
Definitions.
“Software” shall mean the digitally encoded, machine-readable data
and program. The term “Software Product” includes the Software
resident in the printer and its documentation. The Software Product
is licensed (not sold) to you, and Fujitsu Siemens Computers either
owns or licenses from other vendors who own, all copyright, trade
secret, patent and other proprietary rights in the Software Product.
License.
1. Authorized Use. You agree to accept a non-exclusive license
to use the Software resident in the printer solely for your own
customary business or personal purposes.
2. Restrictions.
a. To protect the proprietary rights of Fujitsu Siemens
Computers, you agree to maintain the Software Product
and other proprietary information concerning the
typefaces in strict confidence.
b. You agree not to duplicate or copy the Software Product.
c. You shall not sublicense, sell, lease, or otherwise
transfer all or any portion of the Software Product
separate from the printer, without the prior written
consent of Fujitsu Siemens Computers.
d. You may not modify or prepare derivative works of the
Software Product.
e. You may not transmit the Software Product over a
network, by telephone, or electronically using any
means; or reverse engineer, decompile or disassemble
the Software.
f. You agree to keep confidential and use your best efforts
to prevent and protect the contents of the Software
Product from unauthorized disclosure or use.
3. Transfer. You may transfer the Software Product with the
printer, but only if the recipient agrees to accept the terms and
conditions of this Agreement. Your license is automatically
terminated if you transfer the Software Product and printer.
Limited Software Product Warranty
Fujitsu Siemens Computers warrants that for ninety (90) days after
delivery, the Software will perform in accordance with specifications
published by Fujitsu Siemens Computers. Fujitsu Siemens
Computers does not warrant that the Software is free from all bugs,
errors and omissions.
Remedy
Your exclusive remedy and the sole liability of Fujitsu Siemens
Computers in connection with the Software is replacement of
defective software with a copy of the same version and revision
level.
Disclaimer of Warranties and Limitation of Remedies
1. THE PARTIES AGREE THAT ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE AND
MERCHANTABILITY ARE EXCLUDED.
Fujitsu Siemens Computers does not warrant that the
functions contained in the Software will meet your
requirements or that the operation of the Software will be
uninterrupted or error free.
Fujitsu Siemens Computers reserves the right to make
changes and/or improvements in the Software without notice
at any time.
2. IN NO EVENT WILL FUJITSU SIEMENS COMPUTERS BE
LIABLE FOR LOST PROFITS, LOST DATA, BUSINESS
INTERRUPTIONS, OR ANY OTHER DIRECT, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OF OR INABILITY TO USE THIS
PRODUCT, EVEN IF FUJITSU SIEMENS COMPUTERS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR ANY DAMAGES CAUSED BY THE ABUSE
OR MANIPULATION OF THE SOFTWARE. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY
TO YOU.
3. Fujitsu Siemens Computers will not be liable for any loss or
damage caused by delay in furnishing a Software Product or
any other performance under this Agreement.
4. Our entire liability and your exclusive remedies for our liability
of any kind (including liability for negligence except liability for
personal injury caused solely by our negligence) for the
Software Product covered by this Agreement and all other
performance or nonperformance by us under or related to this
Agreement are limited to the remedies specified by this
Agreement.
5. California law governs this Agreement.
Termination of License Agreement
This License shall continue until terminated. This license may be
terminated by agreement between you and Fujitsu Siemens
Computers or by Fujitsu Siemens Computers if you fail to comply
with the terms of this License and such failure is not corrected within
thirty (30) days after notice. When this License is terminated, you
shall return to the place you obtained them, the printer and all copies
of the Software and documentation.
U.S. Government Restricted Rights
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 242.227-7013, 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).
Acknowledgement of Terms and Conditions
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 USING THIS PRINTER, YOU AGREE TO ACCEPT
THE TERMS AND CONDITIONS OF THIS AGREEMENT.
READ THIS SOFTWARE LICENSE AGREEMENT BEFORE USING THIS PRINTER