Konica Minolta bizhub PRO 950 User Manual

Page 69

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bizhub PRO 950

65

5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS

AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,

REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED

WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE

EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY

INVALID.

6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED

BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR

ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,

CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER

CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF

OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN

IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event will Sun's liability to you, whether in

contract, tort (including negligence), or otherwise, exceed

the amount paid by you for Software under this Agreement.

The foregoing limitations will apply even if the above

stated warranty fails of its essential purpose. Some states

do not allow the exclusion of incidental or consequential

damages, so some of the terms above may not be applicable to

you.

7. TERMINATION. This Agreement is effective until

terminated. You may terminate this Agreement at any time by

destroying all copies of Software. This Agreement will

terminate immediately without notice from Sun if you fail to

comply with any provision of this Agreement. Either party

may terminate this Agreement immediately should any Software

become, or in either party's opinion be likely to become,

the subject of a claim of infringement of any intellectual

property right. Upon Termination, you must destroy all

copies of Software.

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