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Warranty and Limitation of Liability
January 10, 2006 5E6155 B-3
with their CPU. To every copy (whether in whole or in part) made by the
Customer for the purposes stated above, the Customer must affix the same
copyright or other proprietary rights notice as was originally affixed to the
Software when delivered by Kodak. Customer may not otherwise reverse
engineer, decompile, or otherwise derive the source code for the Software
program.
Copyright. The Software is owned by Kodak or its suppliers and protected
by copyright laws and international treaties. You may not copy the Software
other than as expressly provided in this license. You may not reverse
engineer, decompile, or disassemble the Software. If this Software is used
within a country of the European Union, nothing in this Agreement shall be
construed as restricting any rights available under the European
Community Software Directive (91/250/EEC).
Term and Termination. This Software license will remain in effect for as
long as the Customer rightfully retains possession of the Software as
delivered by Kodak. However, this license will terminate immediately (i) if
the Customer transfers or modifies the Software except as provided under
this Agreement, (ii) upon an uncured default by the Customer of this
Agreement, or (iii) if the Customer becomes insolvent, makes an
arrangement for the benefit of creditors, or becomes subject to bankruptcy
proceedings. Within thirty (30) days after any expiration or termination of
this license, in whole or in part, the Customer agrees to deliver to Kodak all
copies of the Software or media (whether in whole or in part) in the
Customer's possession, or as to any copy not in the Customer's possession,
Customer agrees to certify in writing that the copy is either lost or has been
destroyed.
Software Upgrades. Enhancements and/or upgrades will be made available
to the Customer at a price not greater than the said item's list price and
may or may not be discounted according to Kodak's pricing structure at the
time of purchase.
Limited Warranty For a period of one year from and after installation of Software, Kodak
warrants that the Software will substantially conform to Kodak's
specifications and that the media on which the software is furnished will be
free from defects in materials and workmanship under normal use.
Kodak's sole obligation under this warranty will be limited to using
reasonable efforts to ensure such conformity and to supply Customer with a
corrected version of the Software as soon as practical after Customer has