Konica Minolta BIZHUB C30P - Manual (Page 6)

Preface
page iv
Articles are proprietary products of LICENSER or its suppliers and are protected
under U.S. copyright law. LICENSEE further acknowledges and agrees that all
right, title and interest in and to the Licensed Articles, including associated
intellectual property rights, are and shall remain with LICENSER or its suppliers.
LICENSER’S suppliers may protect their rights in the Licensed Articles in the event
of a violation of this License Agreement. This License Agreement does not convey
to LICENSEE an interest in or to the Licensed Articles, but only a limited right of
use revocable in accordance with the terms of this License agreement.
6. LICENSE FEES. The license fees paid (included in the purchase price of this
software product) are paid in consideration of the licenses granted under this
License Agreement.
7. TERMINATION. This License Agreement is effective upon the purchase and
acceptance of the SOFTWARE PRODUCT by LICENSEE or the downloading of
the SOFTWARE PRODUCT from NETAPHOR’S Web site or any other authorized
electronic medium and shall continue until terminated. LICENSER may terminate
this License Agreement upon the breach by LICENSEE of any term hereof. Upon
such termination by LICENSER, LICENSEE agrees to delete the SOFTWARE
PRODUCT from the hard drive of the computers that it is installed on and destroy
all copies of the SOFTWARE PRODUCT.
8. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
8.1 Rental. LICENSEE may not rent, lease or sell the SOFTWARE PRODUCT as a
stand-alone component.
8.2 Support Services. NETAPHOR SOFTWARE, INC. may provide LICENSEE with
support services related to the SOFTWARE PRODUCT (Support Services)
described in online documentation and/or in other NETAPHOR SOFTWARE,
INC.-provided materials.
9. NO WARRANTIES. To the maximum extent permitted by applicable law,
NETAPHOR expressly disclaims any warranty for the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT and any related documentation are provided “as is”
without warranty of any kind, either express or implied, including, without limitation,
the implied warranties of merchantability or fitness for a particular purpose. The
entire risk arising out of use or performance of the SOFTWARE PRODUCT
remains with LICENSEE. LICENSEE may, however, enter into a separate support
agreement with the LICENSER to obtain ongoing support for the SOFTWARE
PRODUCT.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL NETAPHOR OR ITS
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL INDIRECT OR
CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES WHATSOEVER,
WHETHER IN CONTRACT, TORT OR OTHERWISE (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SOFTWARE PRODUCT OR ACCOMPANYING PRINTED MATERIALS OR
DOCUMENTS OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES, EVEN IF NETAPHOR AND ITS SUPPLIERS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR IF THE DAMAGES ARE
FORESEEABLE. IN ANY CASE, NETAPHOR’S ENTIRE LIABILITY UNDER ANY
PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE
AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SOFTWARE PRODUCT
OR U.S. $5.00; LICENSEE ACKNOWLEDGES THAT THE LICENSE FEES
REFLECT THIS ALLOCATION OF RISK. BECAUSE SOME STATES AND