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X-2 software license agreement – Konica Minolta bizhub C35P User Manual

Page 3

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x-2

SOFTWARE LICENSE AGREEMENT

This package contains the following materials provided by KONICA MINOLTA BUSINESS
TECHNOLOGIES, INC. (KMBT): software included as part of the printing system (“Printing
Software”), the digitally-encoded machine-readable outline data encoded in the special format
and in the encrypted form (“Font Programs”), other software which runs on a computer system
for use in conjunction with the Printing Software (“Host Software”), and related explanatory writ-
ten materials (“Documentation”). The term “Software” shall be used to describe Printing Soft-
ware, Font Programs and/or Host Software and also include any upgrades, modified versions,
additions, and copies of the Software.
The Software is being licensed to you under the terms of this Agreement.
KMBT grants to you a non-exclusive sublicense to use the Software and Documentation, pro-
vided that you agree to the following:
1. You may use the Software and accompanying Font Programs for imaging to the licensed

output device(s), solely for your own internal business purposes.

2. In addition to the license for Font Programs set forth in Section 1 above, you may use

Roman Font Programs to reproduce weights, styles, and versions of letters, numerals,
characters and symbols (“Typefaces”) on the display or monitor for your own internal busi-
ness purposes.

3. You may make one backup copy of the Host Software, provided your backup copy is not

installed or used on any computer. Notwithstanding the above restrictions, you may install
the Host Software on any number of computers solely for use with one or more printing sys-
tems running the Printing Software.

4. You may assign its rights under this Agreement to an assignee of all of Licensee’s right and

interest to such Software and Documentation (“Assignee”) provided you transfer to
Assignee all copies of such Software and Documentation Assignee agrees to be bound by
all of the terms and conditions of this Agreement.

5. You agree not to modify, adapt or translate the Software and Documentation.
6. You agree that you will not attempt to alter, disassemble, decrypt, reverse engineer or

decompile the Software.

7. Title to and ownership of the Software and Documentation and any reproductions thereof

shall remain with KMBT and its licensor.

8. Trademarks shall be used in accordance with accepted trademark practice, including iden-

tification of the trademark owner’s name. Trademarks can only be used to identify printed
output produced by the Software. Such use of any trademark does not give you any rights
of ownership in that trademark.

9. You may not rent, lease, sublicense, lend or transfer versions or copies of the Software Lic-

ensee does not use, or Software contained on any unused media, except as part of the per-
manent transfer of all Software and Documentation as described above.

10. IN NO EVENT WILL KMBT OR ITS LICENSOR BE LIABLE TO YOU FOR ANY CONSE-

QUENTIAL, INCIDENTAL INDIRECT, PUNITIVE OR SPECIAL DAMAGES, INCLUDING
ANY LOST PROFITS OR LOST SAVING, EVEN IF KMBT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. KMBT
OR ITS LICENSOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFT-
WARE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION IMPLIED WAR-
RANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SOME STATES OR JURISDIC-
TIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSE-
QUENTIAL OR SPECIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.