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Konica Minolta bizhub C451 User Manual

Page 21

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Introduction

C451

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6. LIMITATION OF LIABILITY

DIC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DA-
TA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUP-
TION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO
USE, THE PROFILE AND BASED ON ANY THEORY OF LIABILITY IN-
CLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF DIC OR ITS REPRESENTATIVES 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 accord-
ance 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 provision will be en-
forced to the maximum extent permissible, and the remaining provisions
of this License Agreement will remain in full force and effect. You hereby
consent to the exclusive jurisdiction and venue of Tokyo District Court to
resolve any disputes arising under this License Agreement.
b. This License Agreement contains the complete agreement between
the parties with respect to the subject matter hereof, and supersedes all
prior or contemporaneous agreements or understandings, whether oral
or written. You agree that any varying or additional terms contained in
any written notification or document issued by you in relation to the Pro-
file licensed hereunder shall be of no effect.
c. The failure or delay of DIC to exercise any of its rights under this Li-
cense Agreement or upon any breach of this License Agreement shall not
be deemed a waiver of those rights or of the breach.