3
4. You agree not to duplicate or copy the Software or
Typefaces, except that you may make one backup copy.
You agree that any such copy shall contain the same
proprietary notices as those appearing on the original.
5. This License shall continue until the last use of the Software
and Typefaces, unless sooner terminated. This License may
be terminated by Agfa Japan if you fail to comply with the
terms of this License and such failure is not remedied within
thirty (30) days after notice from Agfa Japan. When this
License expires or is terminated, you shall either return to
Agfa Japan or destroy all copies of the Software and
Typefaces and documentation as requested.
6. You agree that you will not modify, alter, disassemble,
decrypt, reverse engineer or decompile the Software.
7. Agfa Japan warrants that for ninety (90) days after delivery,
the Software will perform in accordance with Agfa Japan-
published specifications, and the diskette will be free from
defects in material and workmanship. Agfa Japan does not
warrant that the Software is free from all bugs, errors and
omissions.
THE PARTIES AGREE THAT ALL OTHER WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE AND
MERCHANTABILITY, ARE EXCLUDED.
8. Your exclusive remedy and the sole liability of Agfa Japan in
connection with the Software and Typefaces is repair or
replacement of defective parts, upon their return to Agfa
Japan.
IN NO EVENT WILL AGFA JAPAN BE LIABLE FOR LOST
PROFITS, LOST DATA, OR ANY OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES, OR ANY DAMAGES
CAUSED BY ABUSE OR MISAPPLICATION OF THE
SOFTWARE AND TYPEFACES.
9. New York, U.S.A. law governs this Agreement.
10. You shall not sublicense, sell, lease, or otherwise transfer
the Software and/or Typefaces without the prior written
consent of Agfa Japan.
11. Use, duplication or disclosure by the Government is subject
to restrictions as set forth in the Rights in Technical Data and
Computer Software clause at FAR 252-227-7013,
subdivision (b)(3)(ii) or subparagraph (c)(1)(ii), as
appropriate. Further use, duplication or disclosure is subject
to restrictions applicable to restricted rights software as set
forth in FAR 52.227-19 (c)(2).
12. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT, AND AGREE TO BE
BOUND BY ITS TERMS AND CONDITIONS. NEITHER
PARTY SHALL BE BOUND BY ANY STATEMENT OR
REPRESENTATION NOT CONTAINED IN THIS
AGREEMENT. NO CHANGE IN THIS AGREEMENT IS
EFFECTIVE UNLESS WRITTEN AND SIGNED BY
PROPERLY AUTHORIZED REPRESENTATIVES OF
EACH PARTY. BY OPENING THIS DISKETTE PACKAGE,
YOU AGREE TO ACCEPT THE TERMS AND
CONDITIONS OF THIS AGREEMENT.
