5. WARRANTY DISCLAIMER
a. THE PROFILE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN “AS-IS” BASIS, IN
ACCORDANCE WITH THE TERMS AND COONDITIONS OF THIS LICENSE
AGREEMENT. DIC PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES
FOR THE PROFILE.
b. DIC DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS,
IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, TITLE AND QUIET ENJOYMENT. YOU SHALL ASSUME AND BE
FULLY LIABLE AND RESPONSIBLE FOR ALL RISKS IN CONNECTION WITH YOUR USE
OF THE PROFILE. DIC DOES NOT WARRANT THAT THE PROFILE IS FREE OF DEFECTS
OR FLAWS OR WILL OPERATE WITHOUT INTERRUPTION, AND IS NOT RESPONSIBLE
FORCORRECTING OR REPAIRING ANY DEFECTS OR FLAWS, FOR FEE OR GRATIS. NO
RIGHTS OR REMEDIES WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED
HEREIN.
6. LIMITATION OF LIABILITY
DIC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO
USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS
INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE,
THE PROFILE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF DIC OR ITS REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS ON LIABILITY SHALL APPLY TO ALL ASPECTS OF
THIS LICENSE AGREEMENT.
7. General
a. This License Agreement shall be governed and construed in accordance with the laws of Japan,
without giving effect to principles of conflict of laws. If any provision of this License Agreement
shall be held by a court of competent jurisdiction to be contrary to law, that provision will be
enforced to the maximum extent permissible, and the remaining provisions of this License
Agreement will remain in full force and effect. You hereby consent to the exclusive jurisdiction
and venue of Tokyo District Court to resolve any disputes arising under this License Agreement.
b. This License Agreement contains the complete agreement between the parties with respect to
the subject matter hereof, and supersedes all prior or contemporaneous agreements or
understandings, whether oral or written. You agree that any varying or additional terms contained
in any written notification or document issued by you in relation to the Profile licensed hereunder
shall be of no effect.
c. The failure or delay of DIC to exercise any of its rights under this License Agreement or upon any
breach of this License Agreement shall not be deemed a waiver of those rights or of the breach.
Epson AcuLaser CX37 Series Printer/Copier/Scanner User’s Guide
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