Konica Minolta bizhub C3350 - Manual (Page 85)

[Introduction] 11-13
11
About Adobe Color Profile
ADOBE SYSTEMS INCORPORATED
COLOR PROFILE LICENSE AGREEMENT
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF
THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS SOFTWARE YOU ACCEPT
ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF
THIS AGREEMENT, DO NOT USE THE SOFTWARE.
1. DEFINITIONS In this Agreement, "Adobe" means Adobe Systems Incorporated, a Delaware corpora-
tion, located at 345 Park Avenue, San Jose, California 95110. "Software" means the software and re-
lated items with which this Agreement is provided.
2. LICENSE Subject to the terms of this Agreement, Adobe hereby grants you the worldwide, non-exclu-
sive, 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 standalone 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 indi-
vidual profiles must be referenced by their ICC Profile description string. You may not modify the Soft-
ware. Adobe is under no obligation 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 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 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 Ado-
be.
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 par-
ticular result. Adobe shall not be liable for loss or damage arising out of this Agreement or from the dis-
tribution 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 SOFT-
WARE, 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 NONINFRINGEMENT 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 survive the ter-
mination 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, INCI-
DENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENT-
ATIVE 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 AP-
PLY 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.