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B-4 5E6155 January 10, 2006
Warranty and Limitation of Liability
notified Kodak of any non-conformity. Kodak does not warrant that: (i)
operation of any of the Software will be uninterrupted or error free, or (ii)
functions contained in the Software will operate in the combinations which
may be selected for use by, or meet Customer's requirements. This
warranty will be void if the Software is modified without the written consent
of Kodak.
Subject to any applicable legislation which prohibits the following
exclusions, KODAK MAKES NO OTHER WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some
states and countries, including Australia, do not allow the exclusion of
implied warranties, or have legislation that imposes certain statutory
warranties that cannot be excluded, so the above exclusion may not apply
to you. This warranty gives you specific legal rights and you may also have
other rights.
Limitation of Remedies The remedies set forth above are Kodak's only obligation under the
warranty. IN NO EVENT WILL KODAK OR ITS SUPPLIERS OR DEALERS BE
LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING ANY LOST REVENUES OR PROFITS, DOWNTIME COSTS, COST
OF SUBSTITUTE EQUIPMENT OR SOFTWARE OR OTHER DAMAGES
ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states and
countries, including Australia, do not allow the limitation or exclusion of
liability for incidental or consequential damages, or have legislation which
restricts the limitation or exclusion of liability, so the above limitation may
not apply to you.
General If the Software was purchased in the United States, this Agreement is
governed by the laws of the State of New York. If purchased outside the
United States, this Agreement is governed by the laws of the country in
which it was purchased.
U.S. Government Restricted
Rights
The SOFTWARE and documentation are provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure by the Government is subject to
restrictions as set forth in subdivision (c)(1)(ii) of The Rights in Technical
Data and Computer Software clause DFAR 252.227-7013 or such other
applicable government or agency regulation providing equivalent