Konica Minolta bizhub C25 User Manual
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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, dam-
ages or costs arising from any claims, lawsuits or other legal actions arising out of such
distribution, including without limitation, your failure to comply 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 condi-
tions 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 cus-
tomarily 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 pur-
pose or to produce any particular result. Adobe shall not be liable for loss or damage aris-
ing 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 PER-
FORMANCE 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 APPLI-
CABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS MAKE NO WAR-
RANTIES, 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 Sections 4, 5 and 6 shall sur-
vive the termination of this Agreement, howsoever caused, but this shall not imply or cre-
ate 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 CONSE-
QUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAV-
INGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED 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 PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE’S AGGRE-
GATE 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.