Xerox DocuColor 40 Using Manual - Page 4
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OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT
DAMAGES ARISING FROM THE USE OF THE SOFTWARE, CODED FONT
PROGRAMS OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF
ELECTRONICS FOR IMAGING OR ANY AUTHORIZED DEALER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE
THAT THE PRICE OF THE UNIT REFLECTS THIS ALLOCATION OF RISK.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Export Controls
You agree that you will not export or re-export the Software or Coded Font Programs in any
form without the appropriate United States and foreign government licenses. Your failure to
comply with this provision is a material breach of this Agreement.
Government Use
Use, duplication or disclosure of the Software by the United States Government is subject to
restrictions as set forth in subdivision (c) (1) (ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or in subparagraphs (c) (1) and (2) of the
Commercial Computer Software—Restricted Right Clause at 48 CFR 52.227-19, as
applicable.
Third Party Beneficiary
You are hereby notified that Adobe Systems Incorporated, a California corporation located at 345
Park Avenue, San Jose, CA 95110-2704 ("Adobe") is a third-party beneficiary to this Agreement
to the extent that this Agreement contains provisions which relate to your use of the Fonts, the
Coded Font Programs, the Typefaces and the Trademarks licensed hereby. Such provisions are
made expressly for the benefit of Adobe and are enforceable by Adobe in addition to Electronics
For Imaging.
General
This Agreement will be governed by the laws of the State of California.
This Agreement is the entire agreement held between us and supersedes any other
communications or advertising with respect to the Software, Coded Font Programs and
accompanying documentation.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue
in full force and effect.
If you have any questions concerning this Agreement, please write to Electronics For Imaging,
Attn: Licensing Dept. or see Electronics For Imaging's web site at www.efi.com.
Electronics For Imaging
303 Velocity Way
Foster City, CA 94404