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Konica Minolta magicolor 1650EN User Manual

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4. License Method and Restrictions

a. You may install and use the Profile on a single desktop computer; provided, however,
that, notwithstanding anything contrary contained herein, you may not use the Profile on
any network system or share, install or use the Profile concurrently on different computers,
or electronically transfer the Profile from one computer to another or over a network.
b. You may not make or distribute copies, fix, alter, merge, modify, adapt, sublicense, trans-
fer, sell, rent, lease, gift or distribute all or a portion of the Profile, or modify the Profile or
create derivative works based upon the Profile.
c. You acknowledge that the Profile is not intended for any usage which may cause death
or physical injury or environmental damage and agree not to use the Profile for such usage.
d. You shall not use the Profile to develop any software or other technology having the
same primary function as the Profile, including but not limited to using the Profile in any
development or test procedure that seeks to develop like software or other technology, or to
determine if such software or other technology performs in a similar manner as the Profile.
e. DIC and other trademarks contained in the Profile are trademarks or registered trade-
marks of DIC in Japan and/or other countries. You may not remove or alter any trademark,
trade names, product names, logo, copyright or other proprietary notices, legends, symbols
or labels in the Profile. This License Agreement does not authorize you to use DIC’s or its
licensors’ names or any of their respective trademarks.

5. WARRANTY DISCLAIMER

a. THE PROFILE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS-IS"
BASIS, IN ACCORDANCE WITH THE TERMS AND COONDITIONS OF THIS LICENSE
AGREEMENT. DIC PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REME-
DIES FOR THE PROFILE.
b. DIC DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER
EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE WAR-
RANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-
INFRINGEMENT, TITLE AND QUIET ENJOYMENT. YOU SHALL ASSUME AND BE
FULLY LIABLE AND RESPONSIBLE FOR ALL RISKS IN CONNECTION WITH YOUR
USE OF THE PROFILE. DIC DOES NOT WARRANT THAT THE PROFILE IS FREE OF
DEFECTS OR FLAWS OR WILL OPERATE WITHOUT INTERRUPTION, AND IS NOT
RESPONSIBLE FORCORRECTING OR REPAIRING ANY DEFECTS OR FLAWS, FOR
FEE OR GRATIS. NO RIGHTS OR REMEDIES WILL BE CONFERRED ON YOU
UNLESS EXPRESSLY GRANTED HEREIN.

6. LIMITATION OF LIABILITY

DIC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDI-
RECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIP-
MENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS
INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO
USE, THE PROFILE AND BASED ON ANY THEORY OF LIABILITY INCLUDING
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLI-
GENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DIC OR ITS REPRESENTA-
TIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS ON LIABILITY SHALL APPLY TO ALL ASPECTS OF
THIS LICENSE AGREEMENT.

7. General

a. This License Agreement shall be governed and construed in accordance with the laws of
Japan, without giving effect to principles of conflict of laws. If any provision of this License
Agreement shall be held by a court of competent jurisdiction to be contrary to law, that pro-
vision will be enforced to the maximum extent permissible, and the remaining provisions of