EFI Fiery ES IC-418, Configuration And Setup, Page: 241 / 243

5 Legal Notices
Termination
Unauthorized use, copying, or disclosure of the Software, or any breach of this License Agreement will result in automatic termination of this license
and will make available to EFI other legal remedies. In the event of termination, you must destroy all copies of the Software and all component parts
thereof. All provisions of this License Agreement relating to confidentiality of the Software, disclaimers of warranties, limitation of liability,
remedies, damages, governing law, jurisdiction, venue, EFI’s intellectual property rights, and Adobe Software shall survive any termination of this
license.
If the Software contains a License Key, upon termination, EFI may immediately and without notice, execute the License Key, defined as a
programming code, intentionally inserted into the Software, which if executed, renders the Software or portions thereof inoperable. YOU
ACKNOWLEDGE AND AGREE THAT THE SOFTWARE MAY CONTAIN A LICENSE KEY AND THAT EXECUTION OF SUCH LICENSE
KEY SHALL RENDER THE SOFTWARE OR A PORTION THEREOF INOPERABLE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT
THE LICENSE KEY IS NOT A VIRUS AND THAT IN THE EVENT THAT THE LICENSE KEY IS EXECUTED DUE TO YOUR BREACH, YOU
MAY BE OBLIGATED TO PAY EFI’S THEN CURRENT FEE TO REACTIVATE THE SOFTWARE, PLUS ANY OTHER APPLICABLE FEES,
INCLUDING LICENSE FEES.
Limited Warranty and Disclaimer
EFI warrants that the Software, if used as specified in the EFI product documentation, will perform substantially in accordance with the EFI product
documentation for a period of ninety (90) days from the date of receipt when used on the recommended operating system, platform, and hardware
configuration. All warranty claims must be made, along with proof of purchase, within such ninety (90) day period. EFI makes no warranty or
representation that the Software will meet your specific requirements, that the operation of the Software will be uninterrupted, secure, fault-
tolerant, or error free, or that all defects in the Software will be corrected. EFI makes no warranty, implied or otherwise, regarding the performance
or reliability of any other Products or services or any third party products (software or hardware) or services. THE INSTALLATION OF ANY
THIRD PARTY PRODUCTS OTHER THAN AS AUTHORIZED BY EFI WILL VOID THIS WARRANTY. USE, MODIFICATION, AND/OR
REPAIR OF THE SOFTWARE OR AN EFI PRODUCT OTHER THAN AS AUTHORIZED BY EFI WILL VOID THIS WARRANTY. FURTHER,
THIS LIMITED WARRANTY IS VOID IF A PROBLEM WITH THE SOFTWARE ARISES FROM ACCIDENT, ABUSE, MISAPPLICATION,
ABNORMAL USE, VIRUS, WORM, OR SIMILAR CIRCUMSTANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE (“LIMITED WARRANTY”), EFI MAKES AND YOU RECEIVE NO
REPRESENTATIONS OR WARRANTIES RELATING TO THE SOFTWARE, ANY PRODUCT AND/OR ANY SERVICES, WHETHER EXPRESS,
IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER COMMUNICATION. EFI AND ITS
SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, REPRESENTATIONS, AND CONDITIONS, INCLUDING THOSE OF
SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
THERE IS NO WARRANTY OR REPRESENTATION THAT THE OPERATION OF THE SOFTWARE AND/OR ANY PRODUCT WILL BE
UNINTERRUPTED, FAULT-TOLERANT, SECURE, OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
YOUR SOLE AND EXCLUSIVE REMEDY, AND THE ENTIRE LIABILITY OF EFI AND ITS SUPPLIERS, RELATING TO ANY AND ALL
SOFTWARE, PRODUCTS, SERVICES, AND/OR APPLICABLE WARRANTIES SHALL BE, AT EFI’S OPTION, (1) TO REPAIR OR REPLACE
THE SOFTWARE THAT DOES NOT MEET THE LIMITED WARRANTY; OR (2) PROVIDE A REFUND OF THE PRICE PAID (IF ANY) FOR
THE SOFTWARE THAT DOES NOT MEET THE LIMITED WARRANTY. EXCEPT AS PROVIDED IN THIS SECTION, EFI AND ITS
SUPPLIERS SHALL PROVIDE NO REFUNDS, RETURNS, EXCHANGES, OR REPLACEMENTS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE ENTIRE LIABILITY OF EFI AND ITS
SUPPLIERS FOR ALL CLAIMS RELATED TO ANY SOFTWARE, PRODUCT, SERVICES, AND/OR THIS LICENSE AGREEMENT,
REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, UNDER STATUTE, OR OTHERWISE), SHALL BE LIMITED
TO THE AMOUNT PAID BY YOU, IF ANY, FOR THE EFI SOFTWARE. YOU AGREE THAT SUCH AMOUNT IS SUFFICIENT TO SATISFY
THE ESSENTIAL PURPOSE OF THIS LICENSE AGREEMENT AND THAT SUCH A LIABILITY IS A FAIR AND REASONABLE ESTIMATE OF
ANY LOSS AND DAMAGE LIKELY TO BE SUFFERED IN THE EVENT OF ANY WRONGFUL ACT OR OMISSION BY EFI AND/OR ITS
SUPPLIERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EFI AND ITS SUPPLIERS BE LIABLE
FOR COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE, PRODUCTS OR SERVICES, LOST PROFITS OR DATA, THIRD PARTY
CLAIMS, OR ANY SPECIAL, INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES,
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, RELATED TO ANY SOFTWARE, PRODUCT, SERVICES AND/ OR THIS
LICENSE AGREEMENT. THIS LIMITATION SHALL APPLY EVEN IF EFI AND ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOU AGREE THAT THE PRICE OF THE EFI SOFTWARE REFLECTS THIS ALLOCATION OF RISK. YOU
ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY AND DISCLAIMERS FORM AN ESSENTIAL
ELEMENT OF THIS LICENSE AGREEMENT, WITHOUT WHICH EFI WOULD NOT HAVE LICENSED THE EFI SOFTWARE TO YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS AND/OR LIMITATIONS OF LIABILITY
HEREIN, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.