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ES3640e MFP EFI User’s Software Installation Guide - 5
Documentation, including copies stored on a computer; and (4) the recipient agrees to the terms and conditions of this
Agreement.
Remedies and Termination
Unauthorized use, copying, or disclosure of the Software, or any breach of this Agreement will result in automatic termination of
this license and will make available to EFI other legal remedies. In the event of termination, you must destroy all copies of the
Software, Documentation, and all component parts thereof. All provisions of this Agreement relating to disclaimers of warranties,
limitation of liability, remedies, damages, governing law, jurisdiction, venue, and EFI’s proprietary rights shall survive
termination.
Limited Warranty and Disclaimer
EFI warrants to the original purchaser (“Customer”) for thirty (30) days from the date of original purchase from EFI or its
authorized retailer that the Software will perform in substantial conformance to the Documentation when the Product is used as
authorized by EFI’s specifications. EFI warrants the media containing the Software against failure during the above warranty
period. EFI makes no warranty or representation that the Software will meet your specific requirements, that the operation of
the Software will be uninterrupted, secure, fault-tolerant, or error free, or that all defects in the Software will be corrected. EFI
makes no warranty, implied or otherwise, regarding the performance or reliability of any third party products (software or
hardware. THE INSTALLATION OF ANY THIRD PARTY PRODUCTS OTHER THAN AS AUTHORIZED BY EFI WILL VOID THIS
WARRANTY. IN ADDITION, USE, MODIFICATION, AND/OR REPAIR OF THE PRODUCT OTHER THAN AS AUTHORIZED BY EFI WILL
VOID THIS WARRANTY.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EFI
MAKES AND YOU RECEIVE NO WARRANTIES OR CONDITIONS ON THE SOFTWARE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY
OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH YOU, AND EFI SPECIFICALLY DISCLAIMS ANY IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD
PARTY RIGHTS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EFI AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING
LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES
ARISING FROM THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE OR FAILURE OF THE SOFTWARE, HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF EFI HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE PRICE OF THE PRODUCT REFLECTS THIS ALLOCATION OF RISK. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You are hereby notified that Adobe Systems Incorporated, a Delaware corporation located at 345 Park Avenue, San Jose, CA
95110-2704 (“Adobe”) is a third-party beneficiary to this agreement to the extent that this agreement contains provisions which
relate to your use of any software, font programs, typefaces, and/or trademarks licensed or supplied by Adobe. Such provisions
are made expressly for the benefit of Adobe and are enforceable by Adobe in addition to EFI. ADOBE WILL HAVE NO LIABILITY
WHATSOEVER TO YOU FOR ANY ADOBE SOFTWARE OR TECHNOLOGY LICENSED HEREUNDER.
Export Controls
EFI’s Products are subject to U.S. export laws and regulations, including the U.S. Export Administration Regulations, as well as
foreign export laws and regulations. You agree that you will not use, distribute, transfer, export, or re-export any portion of the
Product or the Software in any form in violation of any applicable laws or regulations of the United States or the country in which
you obtained them.
U.S. Government Restricted Rights:
Use, duplication, or disclosure of the Software by the United States Government is subject to restrictions as set forth in FAR
12.212 or DFARS 227.7202-3 -227.7202-4 and, to the extent required under U.S. federal law, the minimum restricted rights as
set out in FAR 52.227-14, Restricted Rights Notice (June 1987) Alternate III(g)(3)(June 1987) or FAR 52.227-19 (June 1987).
To the extent any technical data is provided pursuant to the Agreement, such data is protected per FAR 12.211 and DFARS
227.7102-2 and to the extent explicitly required by the U.S. Government, is subject to limited rights as set out in DFARS
252.227.7015 (November 1995) and DFARS 252.227-7037 (September 1999). In the event that any of the above referenced
agency regulations are modified or superceded, the subsequent or equivalent regulation shall apply. The name of the Contractor
is Electronics for Imaging.