Konica Minolta bizhub PRO 950 User Manual

Page 126

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Software license list

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bizhub PRO 950

122

2 DISCLAIMER OF WARRANTY

Licensee of the CIP4 Software expressly acknowledges and agrees that any
use of the CIP4 Software is at the sole and entire risk of the user. The CIP4
Software is provided "as is" without warranty, upgrades or support of any
kind. CIP4 expressly disclaims any expressed or implied warranties, includ-
ing, but not limited to, the implied warranties of merchantability, fitness for a
particular purpose, and non-infringement of third party rights. CIP4 does not
warrant that the operation of the CIP4 Software will be error-free or that de-
fects in the CIP4 Software will be corrected.

3 LIMITATION OF LIABILITY

To the extent not prohibited by law, in no event shall CIP4, CIP4 trustees, di-
rectors, officers or employees, or contributors to the CIP4 Software be liable
for any direct, indirect, incidental, special, exemplary, or consequential dam-
ages (including, but not limited to, procurement of substitute goods or serv-
ices; loss of use, data, or profits; or business interruption) however caused
and on any theory of liability, whether in contract, strict liability, or tort (in-
cluding negligence or otherwise) arising in any way out of the use of the CIP4
Software, even if advised of the possibility of such damage.

4 CIP4 MEMBERSHIP REQUIREMENT

4.1 Any company that sells, markets or attempts to sell redistributed CIP4
Software for profit or fee, or distributed as a free component of any commer-
cial system or package, shall maintain either Full or Partner CIP4 member-
ship status and be a member in good standing. Any such company that fails
to maintain its Full or Partner membership status must cease selling, market-
ing, attempting to sell any products that redistribute CIP4 Software, in whole
or in part, and may only provide fixes, updates, or upgrades to customers
with installations if no portion of the updates, fixes or upgrades make use of
the CIP4 Software.

4.2 Any affiliate company using a different name than the member that par-
ticipates in the selling, marketing or attempts to sell redistributed CIP4 Soft-
ware for profit or fee must either maintain its own CIP4 Full or Partner status
membership as provided under paragraph 4.1 above, or the parent compa-
ny, if it holds majority ownership of both companies, shall maintain CIP4 Full
or Partner status membership as provided under paragraph 4.1 above.

4.3 Distributors, resellers, and integrators that sell products that include re-
distributed CIP4 Software, in whole or in part, that are produced by a third
party are exempt from the membership requirement in paragraph 4.1 above,
provided that they do not provide any value-added programming or modifi-
cations to said products. Any distributor, reseller, or integrator that sell prod-
ucts that include redistributed CIP4 Software, in whole or in part, that are
produced by a third party are NOT exempt from the membership require-
ment in paragraph 4.1 above if they make any value-added modifications or
alter the said products via programming or any method that changes the

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