Nikon Scanners Software Reference Manual page 4

agents warrant the performance of or the results you may obtain from the Nikon Device Driver
Software, or that the Nikon Device Driver Software will meet your requirements, or that the
operation of the Nikon Device Driver Software will be uninterrupted and error-free. If the
Nikon Device Driver Software is defective, you assume all costs of repair or servicing. In no
event shall Nikon, its employees, distributors, dealers or agents be liable to you for any direct,
indirect, consequential or incidental damages, losses or expenses of any kind, including but not
limited to the loss of profits, business information or business interruption, arising out of or
resulting from the Nikon Device Driver Software, however caused, even if Nikon has been
advised of the possibility of such damages, losses or expenses.
D
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, NIKON SHALL HAVE NO LIABIL-
ITY OR RESPONSIBILITY OF ANY KIND (INCLUDING LIABILITY FOR NEGLIGENCE) TO YOU OR
ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LIABILITY, LOSS OR DAMAGE CAUSED
OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY BY THE NIKON DEVICE DRI-
VER SOFTWARE SOLD, LICENSED OR FURNISHED BY NIKON UNDER THIS AGREEMENT.
NOTWITHSTANDING THE ABOVE LIMITATION, NIKON'S LIABILITY ON ANY CLAIM OF ANY KIND
(INCLUDING NEGLIGENCE) FROM THE DELIVERY, LICENSE, OR USE OF THE NIKON DEVICE DRI-
VER SOFTWARE FURNISHED UNDER THIS AGREEMENT SHALL IN NO CASE EXCEED THE FEE
YOU PAID FOR THE NIKON DEVICE DRIVER SOFTWARE.
SOME STATES DO NOT ALLOW (A) LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS
OR (B) THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. NIKON'S WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY
FROM STATE TO STATE.
6. General
This agreement is governed and shall be construed in accordance with the laws of the
State of New York. If any provision of this Agreement shall be determined to be invalid for
any reason, the remaining provisions shall not be invalidated and shall remain in full force and
effect.
The following disclaimer is required by Apple Computer, Inc. It applies only to Apple soft-
ware. All other software is covered by Nikon's limited warranty.
"APPLE COMPUTER, INC. ("APPLE") MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, REGARDING THE APPLE SOFTWARE. APPLE DOES NOT WARRANT, GUAR-
ANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF
THE APPLE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS
OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE APPLE
SOFTWARE IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED
BY SOME STATES. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU."
Page IV
Apple Disclaimer
Software Reference for Scanners