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5
Remedies
Unauthorized use, copying or disclosure of the Software, Coded Font Programs, Typefaces, Trademarks or
accompanying documentation will result in automatic termination of this license and will make available to
Electronics for Imaging other legal remedies.
Limited Warranty And Disclaimer
Electronics for Imaging warrants that, for a period of ninety (90) days from the date of delivery to you, the
Software under normal use will perform without significant errors that make it unusable. Electronics for
Imaging’s entire liability and your exclusive remedy under this warranty (which is subject to you returning Fiery
to Electronics for Imaging or an authorized dealer) will be, at Electronics for Imaging’s option, to use
reasonable commercial efforts to attempt to correct or work around errors, to replace the Software with
functionally equivalent software, or to refund the purchase price and terminate this Agreement. Some states do
not allow limitations on duration of implied warranty, so the above limitation may not apply to you.
Except for the above express limited warranty, Electronics for Imaging makes and you receive no warranties or
conditions on the Product, express, implied, or statutory, and Electronics for Imaging specifically disclaims any
implied warranty or condition of merchantability or fitness for a particular purpose.
For warranty service, please contact your authorized service/support center.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ELECTRONICS FOR IMAGING MAKES AND
YOU RECEIVE NO WARRANTIES OR CONDITIONS ON THE SOFTWARE OR CODED FONT
PROGRAMS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT
OR COMMUNICATION WITH YOU, AND ELECTRONICS FOR IMAGING SPECIFICALLY DISCLAIMS ANY
IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Electronics for Imaging does not warrant that the operation of the software will be uninterrupted or
error free or that the Software will meet your specific requirements.
Limitation Of Liability
IN NO EVENT WILL ELECTRONICS FOR IMAGING OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES,
INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER 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 FIERY 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.