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Oki C 5200 Series Printer Software License AgreementOki C 5200 Series Printer Software License AgreementSubjects > Software License Agreements
SOFTWARE LICENSE AGREEMENT
THIS PRODUCT IS SOLD ONLY ON THE CONDITION THAT YOU, THE END USER, AGREE TO THE FOLLOWING CONDITIONS. READ THIS AGREEMENT CAREFULLY.
BY PROCEEDING WITH THE INSTALLATION OF THIS PROGRAM, YOU ARE INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Your acceptance also indicates that you have the authority to accept this agreement on behalf of your principle or employer.
OKIDATA ("Licensor") or its suppliers own the entire right, title interest in and to the software (hereafter "Licensed Software").
Licensor grants, and end-user ("Licensee") accepts, a non-exclusive license to use the Licensed Software.
Licensor does not grant Licensee any ownership rights to intellectual property with respect to the Licensed Software and any accompanying written materials. Licensee may not rent, lease, or sublicense the Licensed Software.
Licensee may transfer the Licensed Software and accompanying written materials on a permanent basis provided that Licensee simultaneously assigns all of its rights under that Agreement and retains no copies, and provided that the recipient agrees to the terms of this Agreement.
Licensed Software provided in machine readable form may be copied by Licensee but only for backup purposes and only one copy may be made for such purpose. Licensee agrees not to alter, reverse engineer, disassemble or decompile the Licensed Software.
Licensee agrees not to disclose, make copies, modify or otherwise make Licensed Software and any accompanying written materials available, in whole or in part, in any Form, to any person or entity except as provided for in this Agreement.
Licensor may terminate this Agreement if Licensee fails to comply with any of the terms and conditions of this Agreement. Upon termination Licensee shall destroy the Licensed Software and any accompanying written materials embodied in any form, in any and all media,in Licensee's possession and control.
Licensor warrants the software shall substantially conform to Licensor's user's manual or other Licensor supplied documentation for a period of ninety (90) days from the loading of the same.
IF THE SOFTWARE DOES NOT CONFORM TO THE LIMITED WARRANTY IN THE PRECEDING SENTENCE, LICENCEE'S SOLE AND EXCLUSIVE REMEDY IS TO REQUEST THAT LICENSOR REPLACE THE SOFTWARE WITH CONFORMING SOFTWARE. NEITHER LICENSOR NOR ITS SUPPLIERS WARRANT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR WILL MEET YOUR NEEDS. LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WHETHER BY STATUE OR OTHERWISE, AS TO NONINFRINGEMENT OR THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF DATA, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN ANY WAY ARISING OUT OF OR RELATING TO THE SOFTWARE, WHETHER THE CLAIM ALLEGES TORTIOUS CONDUCT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Some jurisdictions do not allow the exclusion of limited warranties or limitations on the duration of an implied warranty and/or the exclusion of limited or incidental, consequential or special damages, so the above limitations may not apply to a Licensee ("you"). This warranty gives you specific legal rights and you might also have other rights that vary from jurisdiction to jurisdiction.
This Agreement is governed solely by the laws of the State of New Jersey, U.S.A., excluding its conflicts of law rules. If any part of this Agreement is found illegal, invalid or unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND. USE, DUPLICATION OR DISCLOSURE BY OR TO THE U.S.GOVERNMENT OF THE LICENSED SOFTWARE IS SUBJECT TO THE RESTRICTIONS SET FORTH IN DFARS 52.227-7013(c)(1)(ii) AND FAR 52.227-19(a)THROUGH(d).
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