You may:
a. use the Software solely for your own customary business purposes and solely with the Product;
b. use the digitally-encoded machine-readable outline and bitmap programs (“Font Programs”) provided with the Product in a special encrypted format (“Coded
Font Programs”) to reproduce and display designs, styles, weights, and versions of letters, numerals, characters and symbols on monitor used with the Product
(“Typefaces”) solely for your own customary business purposes;
c. use the trademarks used by Electronics for Imaging to identify the Coded Font Programs and Typefaces reproduced therefrom (“Trademarks”); and
d. permanently transfer all of your rights under this Agreement to any recipient of the Product only as part of a sale or transfer of the Product, provided (i) you
retain no copies of the Software (including any upgrades), (ii) you transfer to the recipient all of the Software (including any upgrades), the media and printed
materials bundled with the Product, and this Software License Agreement, AND (iii) the recipient agrees to the terms of this Agreement.
You may not:
a. make or have made, or permit to be made, any copies of the Software, Coded Font Programs or portions thereof, except as necessary for use with the Product
purchased by you; provided, however, that under no circumstances may you make or have made, or permit to be made, any copies of that certain portion of the
Software which has been included on any portion of the controller board or hardware of the Product;
b. attempt to alter, disassemble, decrypt or reverse engineer the Software or Coded Font Programs; or
c. rent or lease the Software.
Proprietary Rights
You acknowledge that the Software, Coded Font Programs, Typefaces and Trademarks are proprietary to Electronics for Imaging and its suppliers and that title
and other intellectual property rights therein remain with Electronics for Imaging and its suppliers. Except as stated above, this Agreement does not grant you any
right to patents, copyrights, trade secrets, trademarks (whether registered or unregistered), or any other rights, franchises or licenses in respect of the Software,
Coded Font Programs, Typefaces or Trademarks. You may not adapt or use any trademark or trade name which is likely to be similar to or confusing with that of
Electronics for Imaging or any of its suppliers or take any other action which impairs or reduces the trademark rights of Electronics for Imaging or its suppliers.
The Trademarks may be used only to identify printed output produced by the Coded Font Programs. At the reasonable request of Electronics for Imaging, you
must supply samples of any Typeface identified with a Trademark.
Confidentiality
You agree to hold the Software and Coded Font Programs in confidence, disclosing the Software and Coded Font Programs only to authorized users having a need
to use the Software and Coded Font Programs as permitted by this Agreement and to take all reasonable precautions to prevent disclosure to other parties.
Remedies
Unauthorized use, copying or disclosure of the Software, Coded Font Programs, Typefaces or Trademarks will result in automatic termination of this license and
will make available to Electronics for Imaging other legal remedies.
Limited Warranty And Disclaimer
Electronics for Imaging warrants that, for a period of ninety (90) days from the date of installation by you, the Software under normal use will perform without
significant errors that make it unusable. Electronics for Imaging’s entire liability and your exclusive remedy under this warranty will be, at Electronics for Imaging’s
option, to use reasonable commercial efforts to attempt to correct or work around errors, to replace the Software with functionally equivalent software, or to refund
the purchase price and terminate this Agreement. Some states do not allow limitations on duration of implied warranty, so the above limitation may not apply to
you. EFI makes no warranty, implied or otherwise, regarding the performance or reliability of any third party products not provided by EFI.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, Electronics for Imaging MAKES AND YOU RECEIVE NO WARRANTIES OR
CONDITIONS ON THE SOFTWARE OR CODED FONT PROGRAMS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF
THIS AGREEMENT OR COMMUNICATION WITH YOU, AND Electronics for Imaging SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY
OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE USE, MODIFICATION, REPAIR, AND/OR
INSTALLATION OF ANY THIRD PARTY PRODUCTS, OTHER THAN AS AUTHORIZED BY EFI WILL VOID THE EXPRESS LIMITED
WARRANTY ABOVE. Electronics for Imaging does not warrant that the operation of the Software will be uninterrupted or error free or that the Software will
meet your specific requirements.
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.
