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Introduction
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(4) transfer possession of copies of the Software to another party by
transferring a copy of this Agreement and all other documentation along
with at least one complete unaltered copy of the Software, provided that
(i) you, at the same time, either transfer to such other party or destroy all
your other copies of the Software, (ii) such transfer of possession
terminates your license with KONICA MINOLTA, and (iii) such other party
shall accept and be bound by these license terms with their initial use of
the Software.
4. RESTRICTIONS
(1) You shall not without the written consent of KONICA MINOLTA:
(i) use, copy, modify, merge or transfer copies of the Software except as
provided herein, (ii) reverse assemble or reverse compile the Software
except as permitted by law; or (iii) sublicense, rent, lease or distribute the
Software or any copy thereof.
(2) You shall not export or re-export the Software in any from under
violation of export restrictions by the government of your country.
5. LIMITED WARRANTY
KONICA MINOLTA warrants the media on which the software is recorded
to be free from defects in materials and workmanship under normal use.
Warranty details and limitations for the Hardware containing the Software
are described in the Statement of Limited Warranty which was supplied
with the hardware. With the exception of the foregoing express warranties
applicable to hardware and media only, the Software is not warranted and
is provided “AS IS”.
SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
6. LIMITATION OF REMEDIES
IN NO EVENT WILL KONICA MINOLTA BE LIABLE FOR ANY LOST
PROFITS, LOST DATA, OR ANY OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM USE OR
INABLITY TO USE THE SOFTWARE, EVEN IF KONICA MINOLTA,
KONICA MINOLTA LICENSOR OR ITS AUTHORISED REMARKETERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
FOR ANY CLAIM BY YOU BASED ON A THIRD PARTY CLAIM.