ELECTRONICS FOR IMAGING
SOFTWARE LICENSE AGREEMENT
ELECTRONICS FOR IMAGING, INC. ("EFI") IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY IF YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS OF THIS LICENSE AGREEMENT CAREFULLY. IF YOU AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, INDICATE YOUR ACCEPTANCE BY CLICKING THE APPROPRIATE BUTTON AT THE BOTTOM OF THIS PAGE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, INDICATED YOUR NON-ACCEPTANCE BY CLICKING THE APPROPRIATE BUTTON AT THE BOTTOM OF THIS PAGE AND THE REGISTRATION PROCESS WILL NOT CONTINUE.
LICENSE: EFI grants you a non-exclusive license to use the software ("Software") and any accompanying documentation ("Documentation"). The Software is licensed, not sold. You may use the Software solely for your own customary business or personal purposes. You may only use the Software in accordance with the Documentation. You may not rent, lease, sublicense or lend the Software. You may, however, permanently transfer all of your rights under this Agreement to another person or legal entity provided that: (1) 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); (2) you retain no copies of the Software and Documentation, including copies stored on a computer; and (3) the recipient agrees to the terms and conditions of this Agreement.
You may not make or have made, or permit to be made, any copies of the Software or portions thereof, except as necessary for backup or archival purposes in support of your use of the Software as permitted hereunder. You may not copy the Documentation. You may not attempt to alter, disassemble, decompile, decrypt or reverse engineer the Software.
PROPRIETARY RIGHTS: You acknowledge that the Software is proprietary to EFI and its suppliers and that title and other intellectual property rights therein remain with EFI 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. You may not adopt or use any trademark or trade name that is likely to be similar to or confusing with that of EFI or any of its suppliers or take any other action which impairs or reduces the trademark rights of EFI or its suppliers.
CONFIDENTIALITY: You agree to hold the Software in confidence, disclosing the Software only to authorized users having a need to use the Software as permitted by this Agreement and to take all reasonable precautions to prevent disclosure to other parties.
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 and all of its component parts. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, damages, 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 with the Documentation when the Software is used as authorized. 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 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) not provided by EFI. 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 SOFTWARE OTHER THAN AS AUTHORIZED BY EFI WILL VOID THIS WARRANTY.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, 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 EXTENT PERMITTED BY APPLICABLE 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 UNDER ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF EFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE PURCHASE PRICE 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.
EXPORT CONTROLS: You agree that you will not export or re-export 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: The Software and Documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.
GENERAL: The laws of the State of California govern this Agreement. You agree that this Agreement shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods (1980). 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, the remainder of this Agreement shall continue in full force and effect.
If you have any questions, please see EFI's web site at www.efi.com.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS.