Nikon LS-3500 - LS-3510 - Manual (Page 6)

Software Reference for Scanners
4.Foreign Export
You agree and certify that neither the Nikon Device Driver Software nor any direct product thereof is
being or will be shipped, transferred, or re-exported, directly or indirectly, into any country prohibited
by the United States Export Administration Act and the regulations thereunder or will be used for
any purpose prohibited by the same.
5.Limited Warranty and Limitations of Warranty and Liability
A Nikon warrants that the disk on which the Nikon Device Driver Software is recorded is free from
defects in material and workmanship under normal use and conditions for a period of ninety (90)
days from date of delivery to the original licensee as evidenced by the original fee receipt. During
this period, if there is any defect in material or workmanship to the disk, return it to the Nikon
authorized dealer from whom you obtained it, together with your original fee receipt and it will be
repaired or replaced free of charge. If you ship the Nikon Device Driver Software to your Nikon
authorized dealer, you must pay all postage, shipping, transportation, insurance and delivery costs.
B This warranty extends to the original licensee only and is not assignable or transferable. This
warranty does not apply to any disk which has been subject to misuse, abuse, negligence or
accident. Any repaired or replaced disk shall be warranted for the remainder of the original limited
warranty or thirty (30) days, whichever is longer. All warranties implied by law on the disk, including
but not limited to merchantability or fitness for a particular purpose, are limited to the duration of the
above warranty. Nikon's entire liability and your exclusive remedy hereunder is limited solely to
repair or replacement of the disk on which the Device Driver Software is recorded, or, at Nikon's
option, a refund of the license fee.
C Except for the limited warranty for the disk on which the Nikon Device Driver Software is recorded
as set forth above, Nikon makes no warranties, either expressed or implied. The Nikon Device
Driver Software is sold "as is" without any warranty of any kind and Nikon, its employees,
distributors, dealers and agents specifically disclaim any warranty of any kind, either expressed or
implied, including but not limited to any implied warranty of merchantability or fitness for a particular
purpose. In no event does Nikon, its employees, distributors, dealers, or agents warrant the
performance of or the results you may obtain from the Nikon Device Driver Software, or that the
Nikon Device Driver Software will meet your requirements, or that the operation of the Nikon Device
Driver Software will be uninterrupted and error-free. If the Nikon Device Driver Software is
defective, you assume all costs of repair or servicing. In no event shall Nikon, its employees,
distributors, dealers or agents be liable to you for any direct, indirect, consequential or incidental
damages, losses or expenses of any kind, including but not limited to the loss of profits, business
information or business interruption, arising out of or resulting from the Nikon Device Driver
Software, however caused, even if Nikon has been advised of the possibility of such damages,
losses or expenses.
D EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, NIKON SHALL HAVE NO
LIABILITY OR RESPONSIBILITY OF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) TO
YOU OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LIABILITY, LOSS OR
DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY BY
THE NIKON DEVICE DRIVER SOFTWARE SOLD, LICENSED OR FURNISHED BY NIKON
UNDER THIS AGREEMENT. NOTWITHSTANDING THE ABOVE LIMITATION, NIKON'S
LIABILITY ON ANY CLAIM OF ANY KIND (INCLUDING NEGLIGENCE) FROM THE DELIVERY,
LICENSE, OR USE OF THE NIKON DEVICE DRIVER SOFTWARE FURNISHED UNDER THIS
AGREEMENT SHALL IN NO CASE EXCEED THE FEE YOU PAID FOR THE NIKON DEVICE
DRIVER SOFTWARE.
SOME STATES DO NOT ALLOW (A) LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS OR (B) THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU. NIKON'S WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
6.General.
This agreement is governed and shall be construed in accordance with the laws of the State of New
York. If any provision of this Agreement shall be determined to be invalid for any reason, the
remaining provisions shall not be invalidated and shall remain in full force and effect.