MF Digital Spectrum Designer Software for Spectrum 2 Thermal Printer (Rev: 03/05/01) User Manual

Page 37

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Spectrum2 Designer User’s Guide

Document Revision: 060102

36

APPLICABLE LAWS, OR (B) IN VIOLATION OF ANY APPLICABLE
PROHIBITION AGAINST THE EXPORT OR RE-EXPORT OF ANY PART
OF THE SOFTWARE. SOME COUNTRIES HAVE RESTRICTIONS ON THE
USE OF ENCRYPTION WITHIN THEIR BORDERS, OR THE IMPORT OR
EXPORT OF ENCRYPTION EVEN IF FOR ONLY TEMPORARY
PERSONAL OR BUSINESS USE. YOU ACKNOWLEDGE THAT THE
IMPLEMENTATION AND ENFORCEMENT OF THESE LAWS IS NOT
ALWAYS CONSISTENT AS TO SPECIFIC COUNTRIES. ALTHOUGH THE
FOLLOWING COUNTRIES ARE NOT AN EXHAUSTIVE LIST, THERE
MAY EXIST RESTRICTIONS ON THE EXPORTATION TO, OR
IMPORTATION OF, ENCRYPTION BY: BELGIUM, CHINA (INCLUDING
HONG KONG), FRANCE, INDIA, INDONESIA, ISRAEL, RUSSIA, SAUDI
ARABIA, SINGAPORE, AND SOUTH KOREA. YOU ACKNOWLEDGE IT IS
YOUR ULTIMATE RESPONSIBILITY TO COMPLY WITH ANY AND ALL
GOVERNMENT EXPORT AND OTHER APPLICABLE LAWS AND THAT
MEDIAFORM HAS NO FURTHER RESPONSIBILITY AFTER THE INITIAL
SALE TO YOU WITHIN THE ORIGINAL COUNTRY OF SALE.

10. High Risk Activities. The Software is not fault-tolerant and is not designed or

intended for use in hazardous environments requiring fail-safe performance, including
without limitation, in the operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, weapons systems, direct life-support
machines, or any other application in which the failure of the Software could lead
directly to death, personal injury, or severe physical or property damage (collectively,
“High Risk Activities”). MEDIAFORM expressly disclaims any express or implied
warranty of fitness for High Risk Activities.

11. Miscellaneous. This Agreement is governed by the laws of the United States and the

State of California, without reference to conflict of laws principles. The application of
the United Nations Convention of Contracts for the International Sale of Goods is
expressly excluded. This Agreement sets forth all rights for the user of the Software
and is the entire agreement between the parties. This agreement supersedes any other
communications with respect to the Software and Documentation. This Agreement
may not be modified except by a written addendum issued by a duly authorized
representative of MEDIAFORM. No provision hereof shall be deemed waived unless
such waiver shall be in writing and signed by MEDIAFORM or a duly authorized
representative of MEDIAFORM. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect. The parties
confirm that it is their wish that this Agreement has been written in the English
language only.

12. MEDIAFORM CUSTOMER CONTACT. If you have any questions concerning

these terms and conditions, or if you would like to contact MEDIAFORM for any
other reason, please call (610) 458-9200 or e-mail at www.mediaform.com

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