Remedies and Termination
Unauthorized use, copying or disclosure of the Software, or any breach of this 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 of its
component parts. All provisions of this Agreement relating to disclaimers of warranties,
limitation of liability, remedies, damages, and EFI’s proprietary rights shall survive
termination.
Limited Warranty and Disclaimer
EFI warrants to the original purchaser (“Customer”) for thirty (30) days from the date of
original purchase from EFI or its authorized retailer that the Software will perform in
substantial conformance to the Documentation when the Product is used as authorized by
EFI’s specifications. EFI warrants the media containing the Software against failure during the
above warranty period. EFI makes no warranty or representation that the Software will meet
your specific requirements, that the operation of the Software will be uninterrupted 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 third party products (software or
hardware) not provided by EFI. THE INSTALLATION OF ANY THIRD PARTY
PRODUCTS OTHER THAN AS AUTHORIZED BY EFI WILL VOID THIS
WARRANTY. IN ADDITION, USE, MODIFICATION, AND/OR REPAIR OF THE
PRODUCT OTHER THAN AS AUTHORIZED BY EFI WILL VOID THIS
WARRANTY.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, EFI MAKES AND YOU
RECEIVE NO WARRANTIES OR CONDITIONS ON THE SOFTWARE, EXPRESS,
IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT
OR COMMUNICATION WITH YOU, AND EFI SPECIFICALLY DISCLAIMS ANY
IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY
RIGHTS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EFI AND ITS SUPPLIERS SHALL
NOT 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 SALE, INSTALLATION, MAINTENANCE,
USE, PERFORMANCE OR FAILURE OF THE SOFTWARE, HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF EFI HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE
THAT THE PRICE OF THE PRODUCT REFLECTS THIS ALLOCATION OF RISK.
BECAUSE SOME 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 in any form in violation of any
applicable laws or regulations of the United States or the country in which you obtained them.
U.S. Government Restricted Rights:
The Software and Documentation are provided with RESTRICTED RIGHTS. Use, duplication,
or disclosure by the United States Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS
252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted
Rights at 48 CFR 52.227-19, as applicable.
General
The laws of the State of California govern this Agreement. You agree that this Agreement shall not
be subject to the United Nations Convention on Contracts for the International Sale of Goods
(1980). This Agreement is the entire agreement held between us and supersedes any other
communications or advertising with respect to the Software. 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, please see EFI’s web site at www.efi.com.
Electronics For Imaging
303 Velocity Way
Foster City, CA 94404
