Konica Minolta bizhub C25 - Manual (Page 9)

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5. WARRANTY DISCLAIMER
a. THE PROFILE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN “AS-IS” BASIS,
IN ACCORDANCE WITH THE TERMS AND COONDITIONS OF THIS LICENSE AGREE-
MENT. DIC PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR
THE PROFILE.
b. DIC DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS,
IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGE-
MENT, TITLE AND QUIET ENJOYMENT. YOU SHALL ASSUME AND BE FULLY LIABLE
AND RESPONSIBLE FOR ALL RISKS IN CONNECTION WITH YOUR USE OF THE PRO-
FILE. DIC DOES NOT WARRANT THAT THE PROFILE IS FREE OF DEFECTS OR FLAWS
OR WILL OPERATE WITHOUT INTERRUPTION, AND IS NOT RESPONSIBLE FORCOR-
RECTING OR REPAIRING ANY DEFECTS OR FLAWS, FOR FEE OR GRATIS. NO RIGHTS
OR REMEDIES WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED
HEREIN.
6. LIMITATION OF LIABILITY
DIC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDI-
RECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIP-
MENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTER-
RUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE
PROFILE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CON-
TRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABIL-
ITY OR OTHERWISE, EVEN IF DIC OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS ON LIABILITY SHALL APPLY TO ALL ASPECTS OF THIS
LICENSE AGREEMENT.
7. General
a. This License Agreement shall be governed and construed in accordance with the laws
of Japan, without giving effect to principles of conflict of laws. If any provision of this
License Agreement shall be held by a court of competent jurisdiction to be contrary to law,
that provision will be enforced to the maximum extent permissible, and the remaining pro-
visions of this License Agreement will remain in full force and effect. You hereby consent
to the exclusive jurisdiction and venue of Tokyo District Court to resolve any disputes aris-
ing under this License Agreement.
b. This License Agreement contains the complete agreement between the parties with
respect to the subject matter hereof, and supersedes all prior or contemporaneous agree-
ments or understandings, whether oral or written. You agree that any varying or additional
terms contained in any written notification or document issued by you in relation to the
Profile licensed hereunder shall be of no effect.
c. The failure or delay of DIC to exercise any of its rights under this License Agreement or
upon any breach of this License Agreement shall not be deemed a waiver of those rights
or of the breach.