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Introduction
8.
LIMITATION OF LIABILITY.To the maximum extent permitted by law,
and except for claims which result in personal injury or death caused by
Licensor's negligence or intentional acts, Licensor's, or any of its affili-
ates or subsidiaries, cumulative liability to You or any other party for any
loss or damages resulting from any claims, demands, or actions arising
out of or relating to this License Agreement shall not exceed $250.00. In
no event shall Licensor, or Adobe, the owner of other third party software
or any of their affiliates or subsidiaries be liable to you or any third party
for any indirect, incidental, consequential, special, or exemplary damag-
es or lost profits, even if Licensor has been advised of the possibility of
such damages or for any claim by any third party. Some states do not
allow the limitation or exclusion of liability for incidental or consequential
damages, so the above limitation or exclusion may not apply to You.
9.
GOVERNING LAW. This License Agreement shall be construed and gov-
erned in accordance with the laws of the State of Connecticut, United
States of America. Should any court of competent jurisdiction declare
any term of this License Agreement void or unenforceable, such decla-
ration shall have no effect on the remaining terms hereof.
10. COSTS OF LITIGATION. If any action is brought by either party to this
License Agreement against the other party regarding the subject matter
hereof, the prevailing party shall be entitled to recover, in addition to any
other relief granted, reasonable attorneys' fees and expenses of litiga-
tion.
11. NO WAIVER. The failure of any party to enforce any rights granted here-
under or to take action against the other party in the event of any breach
hereunder shall not be deemed a waiver by that party as to subsequent
enforcement of rights or subsequent actions in the event of future
breaches.
12. Notice to Government End Users: U.S. GOVERNMENT RESTRICTED
RIGHTS: The Licensed Articles are provided with restricted rights. Use,
duplication, or disclosure by the government is subject to restrictions set
forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Com-
puter Software clause at DFARS 252.277-7013, and paragraph (c)(1) and
(2) of the Commercial Computer Software - Restricted Rights clause at
FAR 52.277-19. The Software is a "commercial item," as that term is de-
fined at 48 C.F.R. 2.101, consisting of "commercial computer software"
and "commercial computer software documentation," as such terms are
used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and C.F.R.
227.7202-1 through 227.7202-4, all U.S. Government End Users acquire
the Software with only those rights set forth herein. The manufacturer is:
Konica Minolta Business Solutions U.S.A., Inc., 500 Day Hill Road,
Windsor, Connecticut 06095
IC-203
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