Konica Minolta bizhub PRESS C7000P User Manual

Page 9

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

1-8

1.3

SOFTWARE LICENSE AGREEMENT

1

2. LICENSE Subject to the terms of this Agreement, Adobe hereby grants you the worldwide, non-exclusive,
nontransferable, royalty-free license to use, reproduce and publicly display the Software. Adobe also grants
you the rights to distribute the Software only (a) as embedded within digital image files and (b) on a stan-
dalone basis. No other distribution of the Software is allowed; including, without limitation, distribution of the
Software when incorporated into or bundled with any application software. All individual profiles must be ref-
erenced by their ICC Profile description string. You may not modify the Software. Adobe is under no obliga-
tion to provide any support under this Agreement, including upgrades or future versions of the Software or
other items. No title to the intellectual property in the Software is transferred to you under the terms of this
Agreement. You do not acquire any rights to the Software except as expressly set forth in this Agreement.

3. DISTRIBUTION If you choose to distribute the Software, you do so with the understanding that you agree
to defend, indemnify and hold harmless Adobe against any losses, damages or costs arising from any claims,
lawsuits or other legal actions arising out of such distribution, including without limitation, your failure to com-
ply with this Section 3. If you distribute the Software on a standalone basis, you will do so under the terms of
this Agreement or your own license agreement which (a) complies with the terms and conditions of this
Agreement; (b) effectively disclaims all warranties and conditions, express or implied, on behalf of Adobe; (c)
effectively excludes all liability for damages on behalf of Adobe; (d) states that any provisions that differ from
this Agreement are offered by you alone and not Adobe and (e) states that the Software is available from you
or Adobe and informs licensees how to obtain it in a reasonable manner on or through a medium customarily
used for software exchange. Any distributed Software will include the Adobe copyright notices as included
in the Software provided to you by Adobe.

4. DISCLAIMER OF WARRANTY Adobe licenses the Software to you on an "AS IS" basis. Adobe makes no
representation as to the adequacy of the Software for any particular purpose or to produce any particular
result. Adobe shall not be liable for loss or damage arising out of this Agreement or from the distribution or
use of the Software or any other materials. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT
THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, EXCEPT FOR ANY
WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT
OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE
AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS
OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY
OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU MAY
HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. The provisions of Sec-
tions 4, 5 and 6 shall survive the termination of this Agreement, howsoever caused, but this shall not imply
or create any continued right to use the Software after termination of this Agreement.

5. LIMITATION OF LIABILITY IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY
DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAM-
AGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN AD-
VISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY
ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMIT-
TED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS
SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT
PAID FOR THE SOFTWARE. Nothing contained in this Agreement limits Adobe's liability to you in the event
of death or personal injury resulting from Adobe's negligence or for the tort of deceit (fraud). Adobe is acting
on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and
liability as provided in this Agreement, but in no other respects and for no other purpose.

6. TRADEMARKS Adobe and the Adobe logo are the registered trademarks or trademarks of Adobe in the
United States and other countries. With the exception of referential use, you will not use such trademarks or
any other Adobe trademark or logo without separate prior written permission granted by Adobe.

7. TERM This Agreement is effective until terminated. Adobe has the right to terminate this Agreement imme-
diately if you fail to comply with any term hereof. Upon any such termination, you must return to Adobe all
full and partial copies of the Software in your possession or control.

8. GOVERNMENT REGULATIONS If any part of the Software is identified as an export controlled item under
the United States Export Administration Act or any other export law, restriction or regulation (the "Export

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