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xii OPERATION GUIDE
7 Agfa Japan warrants that for ninety (90) days after delivery, the
Software will perform in accordance with Agfa Japan-published
specifications, and the diskette will be free from defects in material
and workmanship. Agfa Japan does not warrant that the Software is
free from all bugs, errors and omissions.
THE PARTIES AGREE THAT ALL OTHER WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE AND
MERCHANTABILITY, ARE EXCLUDED.
8 Your exclusive remedy and the sole liability of Agfa Japan in
connection with the Software and Typefaces is repair or replacement
of defective parts, upon their return to Agfa Japan.
IN NO EVENT WILL AGFA JAPAN BE LIABLE FOR LOST
PROFITS, LOST DATA, OR ANY OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES, OR ANY DAMAGES CAUSED BY
ABUSE OR MISAPPLICATION OF THE SOFTWARE AND
TYPEFACES.
9 New York, U.S.A. law governs this Agreement.
10 You shall not sublicense, sell, lease, or otherwise transfer the
Software and/or Typefaces without the prior written consent of Agfa
Japan.
11 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 252-227-7013, 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).
12 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 OPENING THIS DISKETTE PACKAGE, YOU AGREE
TO ACCEPT THE TERMS AND CONDITIONS OF THIS
AGREEMENT.