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TOSHIBA e-STUDIO28/35/45 Unix Printer Driver
User’s Guide v
LIMITATION OF LIABILITY
IN NO EVENT WILL ELECTRONICS FOR IMAGING OR ITS SUPPLIERS 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 USE OF THE SOFTWARE, OR CODED FONT PROGRAMS, HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF
ELECTRONICS FOR IMAGING OR ANY AUTHORIZED DEALER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE PRICE OF THE
CONTROLLER GA-1040 FOR TOSHIBA e-STUDIO28/35/45 REFLECTS THIS
ALLOCATION OF RISK. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EXPORT CONTROLS
You agree that you will not export or re-export the Software or Coded Font Programs
in any form without the appropriate United States and foreign government licenses.
Your failure to comply with this provision is a material breach of this Agreement.
GOVERNMENT USE
Use, duplication or disclosure of the Software by the United States Government is
subject to restrictions as set forth in subdivision (c) (1) (ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013 or in subparagraphs (c)
(1) and (2) of the Commercial Computer Software-Restricted Right Clause at 48 CFR
52.227-19, as applicable.
THIRD PARTY BENEFICIARY
You are hereby notified that Adobe Systems Incorporated, a California 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
that relate to your use of the Fonts, the Coded Font Programs, the Typefaces and the
Trademarks licensed hereby. Such provisions are made expressly for the benefit of
Adobe and are enforceable by Adobe in addition to Electronics for Imaging.
GENERAL
This Agreement is governed by the laws of the State of California. This Agreement is
the entire agreement held between us and supersedes any other communications or
advertising with respect to the Software and Coded Font Programs. If any provision
of this Agreement is held invalid, the remainder of this Agreement shall continue in
full force and effect.
If you have any questions concerning this Agreement, please see Electronics For
Imaging’s web site at www.efi.com.
Electronics For Imaging
303 Velocity Way
Foster City, CA 94404