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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 DOCUCOLOR 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 Ave., San Jose, California 95110 (“Adobe”) is a third-party
beneficiary to this Agreement to the extent that this Agreement contains provisions which 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 will be 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, Coded Font
Programs and accompanying documentation.
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 write to Electronics for Imaging, Inc., Attn: Licensing Dept. or see Electronics for Imaging’s web site
at www.efi.com.
Electronics for Imaging, Inc.
2855 Campus Drive
San Mateo, CA 94403