You may not make or have made, or permit to be made, any copies of the Software or portions
thereof, except one (1) copy for backup or archive purposes in support of your use of the
Software as permitted hereunder. You may not copy the Documentation. You may not attempt
to localize, translate, disassemble, decompile, decrypt, reverse engineer, discover the source
code of, modify, create derivative works of, or in any way change any part of the Software.
The terms, conditions, and restrictions in the License Agreement apply to all bug fixes, patches,
releases, release notes, updates, and upgrades related to the Software.
Proprietary Rights
You acknowledge and agree that all rights, title and interest, including all intellectual property
rights, in and relating to the Software, Documentation and all modifications and derivative
works thereof are solely owned by and shall remain with EFI and its suppliers. Except for the
express limited license granted above to use the Software, no right or license of any kind is
granted. You receive no rights or license under any patents, copyrights, trade secrets, or
trademarks (whether registered or unregistered). You agree not to adopt, register, or attempt to
register any EFI trademark or trade name (“EFI Mark”) or any confusingly similar mark, URL,
internet domain name, or symbol as your own name or the name of your affiliates or products,
and not to take any other action which impairs or reduces the trademark rights of EFI or its
suppliers.
Confidentiality
The Software is confidential, proprietary information of EFI and you may not distribute or
disclose the Software. You may, however, permanently transfer all of your rights under this
Agreement to another person or legal entity provided that: (1) such a transfer is authorized
under all applicable export laws and regulations, including the U.S. Export Administration
Regulations, (2) you transfer to the person or entity all of the Software and Documentation
(including all copies, updates, upgrades, prior versions, component parts, the media and
printed materials, and this Agreement); (3) you retain no copies of the Software and
Documentation, including copies stored on a computer; and (4) the recipient agrees to the
terms and conditions of this Agreement.
Remedies and Termination
Unauthorized use, copying, or disclosure of the Software, or any breach of this Agreement will
result in automatic termination of this license and will make available to EFI other legal
remedies. In the event of termination, you must destroy all copies of the Software,
Documentation, and all component parts thereof. All provisions of this Agreement relating to
disclaimers of warranties, limitation of liability, remedies, damages, governing law, jurisdiction,
venue, and EFI’s proprietary rights shall survive termination.
Limited Warranty and Disclaimer
EFI warrants to the original purchaser (“Customer”) for thirty (30) days from the date of
original purchase from EFI or its authorized retailer that the Software will perform in
substantial conformance to the Documentation when the Product is used as authorized by
EFI’s specifications. EFI warrants the media containing the Software against failure during the
above warranty period. EFI makes no warranty or representation that the Software will meet
your specific requirements, that the operation of the Software will be uninterrupted, secure,
fault-tolerant, or error free, or that all defects in the Software will be corrected. EFI makes no
warranty, implied or otherwise, regarding the performance or reliability of any third party
products (software or hardware. THE INSTALLATION OF ANY THIRD PARTY
PRODUCTS OTHER THAN AS AUTHORIZED BY EFI WILL VOID THIS
WARRANTY. IN ADDITION, USE, MODIFICATION, AND/OR REPAIR OF THE
PRODUCT OTHER THAN AS AUTHORIZED BY EFI WILL VOID THIS
WARRANTY.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EFI MAKES AND YOU
RECEIVE NO WARRANTIES OR CONDITIONS ON THE SOFTWARE, EXPRESS,
IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT
OR COMMUNICATION WITH YOU, AND EFI SPECIFICALLY DISCLAIMS ANY
IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY
RIGHTS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EFI AND ITS SUPPLIERS SHALL
NOT 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 SALE, INSTALLATION, MAINTENANCE,
USE, PERFORMANCE OR FAILURE OF THE SOFTWARE, HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF EFI HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE
THAT THE PRICE OF THE PRODUCT REFLECTS THIS ALLOCATION OF RISK.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You are hereby notified that Adobe Systems Incorporated, a Delaware corporation located at 345
Park Avenue, San Jose, CA 95110-2704 (“Adobe”) is a third-party beneficiary to this agreement to
the extent that this agreement contains provisions which relate to your use of any software, font
programs, typefaces, and/or trademarks licensed or supplied by Adobe. Such provisions are made
expressly for the benefit of Adobe and are enforceable by Adobe in addition to EFI. ADOBE
WILL HAVE NO LIABILITY WHATSOEVER TO YOU FOR ANY ADOBE SOFTWARE
OR TECHNOLOGY LICENSED HEREUNDER.
Export Controls
EFI’s Products are subject to U.S. export laws and regulations, including the U.S. Export
Administration Regulations, as well as foreign export laws and regulations. You agree that you will
not use, distribute, transfer, export, or re-export any portion of the Product or the Software in any
form in violation of any applicable laws or regulations of the United States or the country in which
you obtained them.
U.S. Government Restricted Rights:
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 or equivalent regulation shall apply.
The name of the Contractor is Electronics for Imaging.
General
The rights and obligations of the parties related to this Agreement will be governed in all respects
by the laws of the State of California exclusively, as such laws apply to contracts between California
residents performed entirely within California. The United Nations Convention on Contracts for
the International Sale of Goods and any other similar convention does not apply to this
Agreement. For all disputes related to this Agreement, you consent to the personal and exclusive
jurisdiction and venue of the state courts in San Mateo County, California and the federal court
for the Northern District of California. This Agreement is the entire agreement held between us
and supersedes any other communications or advertising with respect to the Software. If any
provision of this Agreement is held invalid, such provision shall be deemed modified to the extent
necessary to be enforceable and the other provisions in this Agreement shall continue in full force
and effect.
If you have any questions, please see EFI’s web site at www.efi.com.
Electronics for Imaging
303 Velocity Way
Foster City, CA 94404
