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IBM PROGRAM LICENSE AGREEMENT
THE DEVICE YOU HAVE PURCHASED CONTAINS ONE OR
MORE SOFTWARE PROGRAMS (“PROGRAMS”) WHICH
BELONG TO INTERNATIONAL BUSINESS MACHINES
CORPORATION (“IBM”). THIS DOCUMENT DEFINES THE
TERMS AND CONDITIONS UNDER WHICH THE SOFTWARE
IS BEING LICENSED TO YOU BY IBM. IF YOU DO NOT
AGREE WITH THE TERMS AND CONDITIONS OF THIS
LICENSE, THEN WITHIN 14 DAYS AFTER YOUR
ACQUISITION OF THE DEVICE YOU MAY RETURN THE
DEVICE FOR A FULL REFUND. IF YOU DO NOT SO RETURN
THE DEVICE WITHIN THE 14 DAYS, THEN YOU WILL BE
ASSUMED TO HAVE AGREED TO THESE TERMS AND
CONDITIONS.
The Programs are licensed not sold. IBM, or the applicable IBM
country organization, grants you a license for the Programs only
in the country where you acquired the Programs. You obtain no
rights other than those granted you under this license.
The term “Programs” means the original and all whole or partial
copies of it, including modified copies or portions merged into
other programs. IBM retains title to the Programs. IBM owns, or
has licensed from the owner, copyrights in the Programs.
1. License
Under this license, you may use the Programs only with the
device on which they are installed and transfer possession of
the Programs and the device to another party.
If you transfer the Programs, you must transfer a copy of this
license and any other documentation to the other party. Your
license is then terminated. The other party agrees to these
terms and conditions by its first use of the Program.
You may not:
1) use, copy, modify, merge, or transfer copies of the Program
except as provided in this license;
2) reverse assemble or reverse compile the Program; or
3) sublicense, rent, lease, or assign the Program.
2. Limited Warranty
The Programs are provided “AS IS.”
THERE ARE NO OTHER WARRANTIES COVERING THE
PROGRAMS (OR CONDITIONS), EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
Some jurisdictions do not allow the exclusion of implied
warranties, so the above exclusion may not apply to you.
3. Limitation of Remedies
IBM’s entire liability under this license is the following;
1) For any claim (including fundamental breach), in any form,
related in any way to this license, IBM’s liability will be for
actual damages only and will be limited to the greater of:
a) the equivalent of U.S. $25,000 in your local currency; or
b) IBM’s then generally available license fee for the Program
This limitation will not apply to claims for bodily injury or
damages to real or tangible personal property for which IBM is
legally liable.
IBM will not be liable for any lost profits, lost savings, or any
incidental damages or other economic consequential damages,
even if IBM, or its authorized supplier, has been advised of the
possibility of such damages. IBM will not be liable for any
damages claimed by you based on any third party claim. This
limitation of remedies also applies to any developer of Programs
supplied to IBM. IBM’s and the developer’s limitations of
remedies are not cumulative. Such developer is an intended
beneficiary of this Section. Some jurisdictions do not allow these
limitations or exclusions, so they may not apply to you.
4. General
You may terminate your license at any time. IBM may terminate
your license if you fail to comply with the terms and conditions of
this license. In either event, you must destroy all your copies of
the Program. You are responsible for payment of any taxes,
including personal property taxes, resulting from this license.
Neither party may bring an action, regardless of form, more than
two years after the cause of action arose. If you acquired the
Program in the United States, this license is governed by the
laws of the State of New York. If you acquired the Program in
Canada, this license is governed by the laws of the Province of
Ontario. Otherwise, this license is governed by the laws of the
country in which you acquired the Program.
Typeface Trademark Acknowledgement
All resident fonts in this printer are licensed from Agfa
Corporation.
Helvetica, Palatino and Times are registered trademarks of
Linotype-Hell AG. ITC Avant Garde Gothic, ITC Bookman, ITC
ZapfChancery and ITC Zapf Dingbats are registered trademarks
of International Typeface Corporation.
Agfa Japan License Agreement
1. “Software” shall mean the digitally encoded, machine
readable, scalable outline data as encoded in a special
format as well as the UFST Software.
2. You agree to accept a non-exclusive license to use the
Software to reproduce and display weights, styles and
versions of letters, numerals, characters and symbols
(“Typefaces”) solely for your own customary business or
personal purposes at the address stated on the registration
card you return to Agfa Japan. Under the terms of this
License Agreement, you have the right to use the Fonts on
up to three printers. If you need to have access to the fonts
on more than three printers, you need to acquire a multi-user
license agreement which can be obtained from Agfa Japan.
Agfa Japan retains all rights, title and interest to the Software
and Typefaces and no rights are granted to you other than a
License to use the Software on the terms expressly set forth
in this Agreement.
3. To protect proprietary rights of Agfa Japan, you agree to
maintain the Software and other proprietary information
concerning the Typefaces in strict confidence and to
establish reasonable procedures regulating access to and
use of the Software and Typefaces.
