Oki ES3640E - Manual (Page 5)

5 Copyright
ES3640e MFP EFI Job Management Guide - 5
its suppliers. Except for the express limited license granted above to use the Software, no right or license of any kind is granted.
You receive no rights or license under any patents, copyrights, trade secrets, or trademarks (whether registered or unregistered).
You agree not to adopt, register, or attempt to register any EFI trademark or trade name (“EFI Mark”) or any confusingly similar
mark, URL, internet domain name, or symbol as your own name or the name of your affiliates or products, and not to take any
other action which impairs or reduces the trademark rights of EFI or its suppliers.
Confidentiality
The Software is confidential, proprietary information of EFI and you may not distribute or disclose the Software. You may,
however, permanently transfer all of your rights under this Agreement to another person or legal entity provided that: (1) such
a transfer is authorized under all applicable export laws and regulations, including the U.S. Export Administration Regulations,
(2) you transfer to the person or entity all of the Software and Documentation (including all copies, updates, upgrades, prior
versions, component parts, the media and printed materials, and this Agreement); (3) you retain no copies of the Software and
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.