Printgroove ::admin appendix – Konica Minolta Printgroove User Manual

Page 48

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Printgroove ::Admin Appendix

6

User’s Reference Guide

Rev. 1.4

PROPERTY OR OTHER VIOLATION OF RIGHTS. LICENSOR DOES NOT WARRANT THAT THE
SOFTWARE WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. Some states or countries do not
allow the above limitations, so the above limitations may not apply to Licensee in the State or
country.

7. Limitation of Liability

IN NO EVENT WILL KONICA MINOLTA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT,
SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF KONICA
MINOLTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KONICA MINOLTA'S
AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR
OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL
NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE AND
DOCUMENTATION. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.

8. Export Restrictions

THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS,
OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF THE
SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO
TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT THE
SOFTWARE, DOCUMENTATION, OR INFORMATION ABOUT THE SOFTWARE AND DOCUMENTATION
UNLESS YOU ARE IN COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER
RESTRICTIONS.

9. Termination

This License Agreement is effective until it is terminated. You may terminate this License Agreement at any
time by destroying or returning to Konica Minolta all copies of the Software and Documentation in your
possession or under your control. Konica Minolta may terminate this License Agreement for any reason,
including, but not limited to, if Konica Minolta finds that you have violated any of the terms of this License
Agreement. Upon notification of termination, you agree to destroy or return to Konica Minolta all copies of the
Software and Documentation and to certify in writing that all known copies, including backup copies, have
been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the
termination of this Software License Agreement.

10. General

This License Agreement shall be construed interpreted and governed by the laws of the State of New Jersey
without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or
relating to this License Agreement shall be an appropriate federal or state court sitting in New Jersey, USA.
This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or
modification of this License Agreement shall only be effective if it is in writing and signed by both parties
hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent
jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the
intention of the parties.

11. Notice to U.S. Government End Users

U.S. GOVERNMENT RESTRICTED RIGHTS: The Licensed Articles are provided with restricted rights. Use,
duplication, or disclosure by the government is subject to restrictions set forth in subparagraph (c)(1)(ii) of the
Rights in Technical Data and computer Software clause at DFARS 252.277-7013, and paragraph (c)(1) and
(2) of the commercial Computer Software - Restricted Rights clause at FAR 52,277-19. The Software is a
"commercial item," as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software"
and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. consistent
with 48 C.F.R. 12.212 and C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government End Users acquire the
Software with only those rights set forth herein. The manufacturer is: Konica Minolta Business Solutions
U.S.A., Inc 101 Williams Drive, Ramsey, NJ 07446, U.S.A.

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