Dic Standard Color Profile License Agreement - Olivetti d-COLOR MF652 User Manual

DIC STANDARD COLOR PROFILE LICENSE AGREEMENT

IMPORTANT: PLEASE READ THIS STANDARD COLOR PROFILE LICENSE AGREEMENT ("LICENSE
AGREEMENT") CAREFULLY BEFORE USING THE DIC STANDARD COLOR PROFILE, INCLUDING THE DIC
STANDARD COLOR SFC1.0.1, DIC STANDARD COLOR SFC1.0.2, DIC STANDARD COLOR SFM1.0.2, DIC
STANDARD COLOR SFU1.0.2, PROVIDED BY DIC HEREWITH, AND ANY CORRESPONDIMG ONLINE OR
ELECTRONC DOCUMENTATION AND ALL UPDATES OR UPGRADES OF THE ABOVE THAT ARE PROVID-
ED TO YOU (COLLECTIVELY, THE "PROFILE").
THIS LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF AC-
QUIRED BY OR FOR AN ENTITY, AN ENTITY) AND DAINIPPON INK & CHEMICALS, INC., A JAPANESE
COMPANY ("DIC"). THIS LICENSE AGREEMENT PROVIDES A LICENSE TO USE THE PROFILE AND CON-
TAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. IF YOU DO NOT AGREE TO BE BOUND
BY ALL OF THESE TERMS, YOU MAY NOT USE THE PROFILE.
1. License Grant
DIC grants you a gratis non-exclusive and non-transferable license to use the Profile and to allow your
employees and authorized agents, if any, to use the Profile, solely in connection with their work for you,
subject to all of the limitations and restrictions in this License Agreement.
2. Ownership
The foregoing license gives you limited license to use the Profile. You will own the rights in the media
containing the recorded Profile, but DIC retains all right, title and interest, including all copyright and
intellectual property rights, in and to, the Profile and all copies thereof. All rights not specifically granted
in this License Agreement, including all copyrights, are reserved by DIC.
3. Term
a. This License Agreement is effective until terminated.
b. You may terminate this License Agreement by notifying DIC in writing of your intention to terminate
this License Agreement and by destroying, all copies of the Profile in your possession or control.
c. DIC may terminate this License Agreement without prior notice to you if you fail to comply with any
of the terms and conditions of this License Agreement (either directly or through your employees or
agents), retroactive to the time of such failure to comply. In such event, you must immediately stop us-
ing the Profile and destroy all copies of the Profile in your possession or control.
d. All provisions in this License Agreement relating to warranty disclaimers (Section 5) and the limitation
of liability (Section 6) shall survive any termination of this License Agreement.
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.
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