Konica Minolta bizhub PRESS C8000e User Manual

Page 12

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bizhub PRESS C8000/C7000/C7000P/C6000/C70hc & bizhub PRO C6000L & IC-601

1-11

1.3

SOFTWARE LICENSE AGREEMENT

1

c. DICG may terminate this License Agreement without prior notice to you if you fail to comply with any of the
terms and conditions of this License Agreement (either directly or through your employees or agents), retro-
active to the time of such failure to comply. In such event, you must immediately stop using the Profile and
destroy all copies of the Profile in your possession or control.

d. All provisions in this License Agreement relating to warranty disclaimers (Section 5) and the limitation of
liability (Section 6) shall survive any termination of this License Agreement.

4. License Method and Restrictions

a. You may install and use the Profile on a single desktop computer; provided, however, that, notwithstanding
anything contrary contained herein, you may not use the Profile on any network system or share, install or
use the Profile concurrently on different computers, or electronically transfer the Profile from one computer
to another or over a network.

b. You may not make or distribute copies, fix, alter, merge, modify, adapt, sublicense, transfer, sell, rent,
lease, gift or distribute all or a portion of the Profile, or modify the Profile or create derivative works based
upon the Profile.

c. You acknowledge that the Profile is not intended for any usage which may cause death or physical injury
or environmental damage and agree not to use the Profile for such usage.

d. You shall not use the Profile to develop any software or other technology having the same primary function
as the Profile, including but not limited to using the Profile in any development or test procedure that seeks
to develop like software or other technology, or to determine if such software or other technology performs
in a similar manner as the Profile.

e. DIC, DICG and other trademarks contained in the Profile are trademarks or registered trademarks of DIC
and DICG in Japan and/or other countries. You may not remove or alter any trademark, trade names, product
names, logo, copyright or other proprietary notices, legends, symbols or labels in the Profile. This License
Agreement does not authorize you to use DIC, DICG or their licensors' names or any of their respective trade-
marks.

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 AGREEMENT. DIC AND DICG PROVIDE NO
TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE PROFILE.

b. DIC AND DICG DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED,
OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY OR FIT-
NESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND QUIET ENJOYMENT. YOU
SHALL ASSUME AND BE FULLY LIABLE AND RESPONSIBLE FOR ALL RISKS IN CONNECTION WITH
YOUR USE OF THE PROFILE. DIC AND DICG DO NOT WARRANT THAT THE PROFILE IS FREE OF DE-
FECTS OR FLAWS OR WILL OPERATE WITHOUT INTERRUPTION, AND ARE NOT RESPONSIBLE FOR
CORRECTING OR REPAIRING ANY DEFECTS OR FLAWS, FOR FEE OR GRATIS. NO RIGHTS OR REME-
DIES WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN.

6. LIMITATION OF LIABILITY

DIC AND DICG SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPE-
CIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS
OF PROFITS, BUSINESS INTERRUPTION 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 CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN
IF DIC , DICG OR THE REPRESENTATIVES THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.

THE FOREGOING LIMITATIONS ON LIABILITY SHALL APPLY TO ALL ASPECTS OF THIS LICENSE AGREE-
MENT.

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 provisions of this License Agreement will remain in full force and effect. You

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