Konica Minolta bizhub PRESS 2250P - Manual (Page 85)

bizhub PRESS 2250P 1-83
1.3 SOFTWARE LICENSE AGREEMENT 1
representative to inspect and test any Compatible Implementation which has been self-certified per this sub-
section 3.2 to ensure that such Compatible
Implementation meets the compatibility and other requirements for a Compatible Implementation as set forth
herein. The reasonable costs of such inspection
shall be at Sun’s expense; provided, however, that You shall reimburse Sun for such costs if the inspection
reveals that the Compatible Implementation does not
meet such requirements and these deficiencies are not cured within thirty (30) days.
4.0 Fees and Royalties. There are no fees or royalites associated with the license grants for the Technology
licensed under this JDL.
II. GENERAL TERMS
5.0 No Warranty. THE TECHNOLOGY AND/OR MODIFICATIONS ARE PROVIDED "AS IS", WITHOUT WAR-
RANTIES OF ANY KIND, EITHER EXPRESS,
IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE TECHNOLOGY
AND/OR MODIFICATIONS ARE FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING OF THIRD PARTY RIGHTS.
YOU AGREE THAT YOU BEAR THE ENTIRE RISK IN
CONNECTION WITH YOUR USE AND DISTRIBUTION OF ANY AND ALL TECHNOLOGY AND/OR MODIFI-
CATIONS UNDER THIS JDL. SOME JURISDICTIONS
DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU
6.0 Infringement Claims. Sun may terminate this JDL, in Sun's sole discretion, upon any action initiated by
You alleging that the use or
distribution of the Technology and/or Modifications by Sun, or any other licensee of the Technology and/or
Modifications, infringes a patent owned or
controlled by You. In addition, if any portion of, or functionality implemented by, the Technology becomes
the subject of a claim or threatened claim of
infringement ("Affected Materials"), Sun may, at its sole option, (i) attempt to procure the rights necessary for
You to continue using the Affected Materials, (ii)
modify the Affected Materials so that they are no longer infringing, or (iii) immediately suspend Your rights to
use and distribute the Affected Materials under
this JDL by providing notice of suspension to You in a reasonable manner, and refund to You the amount, if
any, having then actually been paid by You to Sun
under this JDL, on a straight line, five year basis .
7.0 Limitation of Liability. Sun will be not be liable for any claims relating to, or arising out of, this JDL, whether
in tort, contract or otherwise,
in an amount in excess of any annual license fees You paid to Sun for the Technology. IN NO EVENT WILL
SUN BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH OR ARISING
OUT OF THIS JDL (INCLUDING,
WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR ECONOMIC ADVANTAGE OF ANY SORT),
HOWEVER IT ARISES AND UNDER
ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER OR NOT SUN HAS
BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. FURTHERMORE, LIABILITY UNDER THIS JDL SHALL BE SO LIMITED
AND EXCLUDED,
NOTWITHSTANDING FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. TO THE EXTENT ANY IN-
DIRECT, PUNITIVE, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES YOU INCUR FOR ANY REASON WHATSOEVER CANNOT
BE DISCLAIMED THEN THE
ENTIRE LIABILITY OF SUN UNDER ANY PROVISION OF THIS JDL, AND YOUR EXCLUSIVE REMEDY FOR
ANY SUCH DAMAGES, SHALL BE
LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE TECHNOLOGY OR FIVE
HUNDRED US DOLLARS,