Samsung CLX-8640ND-SEE - Manual (Page 39)

5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using
and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement ,
including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or
loss of data, programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL
HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity
or enforceability of the remainder of the terms of this Agreement, and without further action by the parties
hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and
enforceable.
If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit)
alleging that the Program itself (excluding combinations of the Program with other software or hardware)
infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of
the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or
conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware
of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and
distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this
Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the