Quato iColor Display 3.7 User Manual page 3

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE QUATOGRAPHIC SOFTWARE IS AT YOUR SOLE RISK AND
THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT
FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICAB-
LE LAW, THE QUATOGRAPHIC SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY
KIND, AND QUATOGRAPHIC AND QUATOGRAPHIC'S LICENSORS (COLLECTIVELY REFERRED TO AS "QUATOGRAPHIC")
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE QUATOGRAPHIC SOFTWARE, EITHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS
OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET
ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. QUATOGRAPHIC DOES NOT WARRANT AGAINST INTER-
FERENCE WITH YOUR ENJOYMENT OF THE QUATOGRAPHIC SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE QUA-
TOGRAPHIC SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE QUATOGRAPHIC SOFTWARE
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE QUATOGRAPHIC SOFTWARE WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY QUATOGRAPHIC OR A QUATOGRAPHIC-AUTHORIZED RE-
PRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE QUATOGRAPHIC SOFTWARE PROVE DEFECTIVE, YOU ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE
ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7 Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, QUATOGRAPHIC SHALL IN NO EVENT BE LIABLE FOR PERSONAL INJURY, OR
ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR
LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE QUATOGRAPHIC SOFTWARE, HOWEVER
CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF QUATOGRAPHIC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION
OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT
APPLY TO YOU.
In no event, Quatographic's total liability to you for all damages (other than as may be required by applicable law in ca-
ses involving personal injury) shall exceed the amount of fifty euro (50.00). The foregoing limitations will apply even if the
above-stated remedy fails of its essential purpose.
8 Export Law Assurances
You may not use or otherwise export or reexport the Quatographic Software except as authorized by the laws of the jurisdic-
tion in which the Quatographic Software was obtained.
9 Government End Users
The Quatographic Software and related documentation are "Commercial Items" and are granted to all other end users pur-
suant to the terms and conditions herein. Unpublished rights reserved under the copyright laws.
10 Controlling Law and Severability
This License will be governed by and construed in accordance with the laws of the EC. If for any reason a court of competent
jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full
force and effect.
11 Complete Agreement; Governing Language
This License constitutes the entire agreement between the parties with respect to the use of the Quatographic Software
licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No
amendment to or modification of this License will be binding unless in writing and signed by Quatographic. Any translation
of this License is done for local requirements and the German version of this License shall govern.
© 2004 - 2011 Quatographic Technology GmbH. All brand names are mentioned for information only and the rights on these
brands will be respected.