Olivetti d-COLOR MF3300, User Manual

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11-14 d-Color MF 3300/3800
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4. RESTRICTIONS
(1) You must not without the prior written consent of Konica Minolta:
(i) use, copy, modify, merge or transfer copies of the Software except as provided herein;
(ii) reverse engineer, reverse assemble, reverse compile or any other way analyze the Software except
permitted by law;
(iii) sublicense, rent, lease or distribute the Software or any copy thereof; or
(iv) remove, use, or alter any trademark, logo, copyright or other proprietary notices, legends, symbols
or labels in the Software.
(2) You agree that you will not export the Software in any form in violation of any applicable laws and
regulations regarding export control of any country.
5. LIMITED WARRANTIES
The Software is provided to you “as is” without any warranties whatsoever. The express terms of this
Agreement are in lieu of all other warranties, express or implied and Konica Minolta, its affiliate compa-
nies and Konica Minolta Licensor disclaim all warranties with regard to the Software, express or implied,
including, without limitation, implied warranties of merchantability, fitness for a particular purpose and
non-infringement of third party rights. The disclaimer of warranty hereunder does not affect your stat-
utory rights. In case of the disclaimer is not allowed by applicable law, the disclaimer shall only apply
to you to the maximum extent permitted by the law.
6. LIMITATION OF REMEDIES
In no event will Konica Minolta, its affiliate companies nor Konica Minolta Licensor be liable for any lost
profits, lost data, or any other indirect, special, punitive, incidental or consequential damages that result
from use or inability to use the Software, even if Konica Minolta, its affiliate companies, its authorized
remarketers or Konica Minolta Licensor have been advised of the possibility of such damages or for any
claim by you based on a third party claim.
7. TERMINATION
You may terminate this license at any time by destroying the Software and all your copies of it. This
Agreement shall also terminate if you fail to comply with any terms hereof. Upon such termination, you
must immediately destroy all copies of the Software in your possession.
8. GOVERNING LAW
This Agreement shall be governed by the laws of the country where the delivery is made to the original
customer.
9. SEVERABILITY
In the event that any part or parts of this Agreement shall be held illegal or null and void by any court or
administrative body of competent jurisdiction, such determination shall not affect the remaining parts
of this Agreement and they shall remain in full force and effect as if such part or parts determined illegal
or void had not been included.
10. NOTICE TO US GOVERNMENT END USERS
The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (October 1995), con-
sisting of "commercial computer software" and "commercial computer software documentation," as
such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48
C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users shall acquire the
Software with only those rights set forth herein.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE
BOUND BY ITS TERMS AND CONDITIONS. NEITHER PARTY SHALL BE BOUND BY ANY OTHER STATE-
MENTS OR REPRESENTATIONS THAT ARE INCONSISTENT WITH THE TERMS AND CONDITIONS OF
THIS AGREEMENT. NO AMENDMENT TO THIS AGREEMENT IS EFFECTIVE UNLESS IN WRITING AND
SIGNED BY DULY AUTHORIZED REPRESENTATIVES OF EACH PARTY.