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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 OR CODED FONT PROGRAMS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY
EVEN IF Electronics for Imaging HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE PORTION
OF THE PRICE WHICH CAN BE ALLOCATED TO THE SOFTWARE 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 FAR 12.212 or DFARS 227.7202-3 -
227.7202-4 and, to the extent required under U.S. federal law, the minimum restricted rights as set out in FAR 52.227-14, Restricted Rights Notice (June 1987)
Alternate III(g)(3)(June 1987) or FAR 52.227-19 (June 1987). To the extent any technical data is provided pursuant to the Agreement, such data is protected per
FAR 12.211 and DFARS 227.7102-2 and to the extent explicitly required by the U.S. Government, is subject to limited rights as set out in DFARS 252.227.7015
(November 1995) and DFARS 252.227-7037 (September 1999). In the event that any of the above referenced agency regulations are modified or superceded, the
subsequent equivalent regulation shall apply. The name of the Contractor is Electronics for Imaging.
Third Party Beneficiary
You are hereby notified that Adobe Systems Incorporated, a California corporation located at 345 Park Ave., San Jose, California 95110 ("Adobe") is a third-party
beneficiary to this Agreement to the extent that this Agreement contains provisions which relate to your use of the Font Programs, the Coded Font Programs, the
Typefaces and the Trademarks licensed hereby. Such provisions are made expressly for the benefit of Adobe and are enforceable by Adobe in addition to Electronics
for Imaging.
Termination
Without prejudice to any other rights, EFI may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event,
you must destroy all copies of the Software (including any upgrades).
General
This Agreement will be governed by the laws of the State of California.
This Agreement is the entire agreement held between you and Electronics for Imaging and supersedes any other communications or advertising with respect to
the Software and Coded Font Programs.
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 concerning this Agreement, please write to Electronics for Imaging, Inc., Attn: Licensing Dept. or see Electronics for Imaging's web site
at www.efi.com.
You hereby specifically acknowledge that this is a legal agreement between you, the end user, and Electronics for Imaging, not Canon Inc., with respect to the
Software, Font Programs, Coded Font Programs, Typefaces and Trademarks. Electronics for Imaging has the sole and ultimate liability for the above limited
warranty, and Canon Inc., its subsidiaries or affiliates, their agents, distributors or dealers shall have no liability with respect to the Software, Font Programs, Coded
Font Programs, Typefaces and Trademarks.
Electronics for Imaging
303 Velocity Way
Foster City, CA 94404
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