Olivetti d-COLOR MF3100 Manual page 83

4. License Method and Restrictions
a. You may install and use the Profile on a single desktop computer; provided, however, that, notwith-
standing anything contrary contained herein, you may not use the Profile on any network system or
share, install or use the Profile concurrently on different computers, or electronically transfer the Profile
from one computer to another or over a network.
b. You may not make or distribute copies, fix, alter, merge, modify, adapt, sublicense, transfer, sell,
rent, lease, gift or distribute all or a portion of the Profile, or modify the Profile or create derivative works
based upon the Profile.
c. You acknowledge that the Profile is not intended for any usage which may cause death or physical
injury or environmental damage and agree not to use the Profile for such usage.
d. You shall not use the Profile to develop any software or other technology having the same primary
function as the Profile, including but not limited to using the Profile in any development or test proce-
dure that seeks to develop like software or other technology, or to determine if such software or other
technology performs in a similar manner as the Profile.
e. DIC and other trademarks contained in the Profile are trademarks or registered trademarks of DIC in
Japan and/or other countries. You may not remove or alter any trademark, trade names, product
names, logo, copyright or other proprietary notices, legends, symbols or labels in the Profile. This Li-
cense Agreement does not authorize you to use DIC's or its licensors' names or any of their respective
trademarks.
5. WARRANTY DISCLAIMER
a. THE PROFILE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS-IS" BASIS, IN ACCORD-
ANCE WITH THE TERMS AND COONDITIONS OF THIS LICENSE AGREEMENT. DIC PROVIDES NO
TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE PROFILE.
b. DIC DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY OR FIT-
NESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND QUIET ENJOYMENT. YOU
SHALL ASSUME AND BE FULLY LIABLE AND RESPONSIBLE FOR ALL RISKS IN CONNECTION WITH
YOUR USE OF THE PROFILE. DIC DOES NOT WARRANT THAT THE PROFILE IS FREE OF DEFECTS
OR FLAWS OR WILL OPERATE WITHOUT INTERRUPTION, AND IS NOT RESPONSIBLE FORCOR-
RECTING OR REPAIRING ANY DEFECTS OR FLAWS, FOR FEE OR GRATIS. NO RIGHTS OR REME-
DIES WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN.
6. LIMITATION OF LIABILITY
DIC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS,
LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR
INABILITY TO USE, THE PROFILE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH
OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF DIC OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBIL-
ITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS ON LIABILITY SHALL APPLY TO ALL ASPECTS OF THIS LICENSE
AGREEMENT.
7. General
a. This License Agreement shall be governed and construed in accordance with the laws of Japan, with-
out giving effect to principles of conflict of laws. If any provision of this License Agreement shall be held
by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maxi-
mum extent permissible, and the remaining provisions of this License Agreement will remain in full force
and effect. You hereby consent to the exclusive jurisdiction and venue of Tokyo District Court to resolve
any disputes arising under this License Agreement.
b. This License Agreement contains the complete agreement between the parties with respect to the
subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings,
whether oral or written. You agree that any varying or additional terms contained in any written notifi-
cation or document issued by you in relation to the Profile licensed hereunder shall be of no effect.
c. The failure or delay of DIC to exercise any of its rights under this License Agreement or upon any
breach of this License Agreement shall not be deemed a waiver of those rights or of the breach.
d-COLOR MF3100
10
10-17