Limitation of remedies, General – TA Triumph-Adler CLP 4524 User Manual

Page 156

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6-44

Maintenance

Date en cours : 10 janvier 2008
C:\Documents and Settings\g097447\Bureau\LU 253068043 HFC colour USB - UTAX EN\MaintenanceGb.fm

Limitation of Remedies

IBM’s entire liability under this license is the following;
1) For any claim (including fundamental breach), in any form, related in any way to this license, IBM’s
liability will be for actual damages only and will be limited to the greater of:
a) the equivalent of U.S.$25,000 in your local currency; or

b) IBM’s then generally available license fee for the Program
This limitation will not apply to claims for bodily injury or damages to real or tangible personal
property for which IBM is legally liable.

IBM will not be liable for any lost profits, lost savings, or any incidental damages or other economic
consequential damages, even if IBM, or its authorized supplier, has been advised of the possibility of
such damages. IBM will not be liable for any damages claimed by you based on any third party claim.
This limitation of remedies also applies to any developer of Programs supplied to IBM. IBM’s and the
developer’s limitations of remedies are not cumulative. Such developer is an intended beneficiary of
this Section. Some jurisdictions do not allow these limitations or exclusions, so they may not apply to
you.

General

You may terminate your license at any time. IBM may terminate your license if you fail to comply with
the terms and conditions of this license. In either event, you must destroy all your copies of the
Program. You are responsible for payment of any taxes, including personal property taxes, resulting
from this license. Neither party may bring an action, regardless of form, more than two years after the
cause of action arose. If you acquired the Program in the United States, this license is governed by the
laws of the State of New York. If you acquired the Program in Canada, this license is governed by the
laws of the Province of Ontario. Otherwise, this license is governed by the laws of the country in which
you acquired the Program.

Typeface Trademark Acknowledgement
All resident fonts in this printer are licensed from Agfa Corporation.
Helvetica, Palatino and Times are registered trademarks of Linotype-Hell AG.
ITC Avant Garde Gothic, ITC Bookman, ITC ZapfChancery and ITC Zapf Dingbats are registered
trademarks of International Typeface Corporation.

Agfa Japan License Agreement
1.“Software” shall mean the digitally encoded, machine readable, scalable outline data as encoded in a
special format as well as the UFST Software.

2.You agree to accept a non-exclusive license to use the Software to reproduce and display weights,
styles and versions of letters, numerals, characters and symbols (“Typefaces”) solely for your own
customary business or personal purposes at the address stated on the registration card you return to Agfa
Japan. Under the terms of this License Agreement, you have the right to use the Fonts on up to three
printers. If you need to have access to the fonts on more than three printers, you need to acquire a
multi-user license agreement which can be obtained from Agfa Japan. Agfa Japan retains all rights, title
and interest to the Software and Typefaces and no rights are granted to you other than a License to use
the Software on the terms expressly set forth in this Agreement.

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