beautypg.com

MF Digital Spectrum Designer Software for Spectrum 2 Thermal Printer (Rev: 03/05/01) User Manual

Page 35

background image

Spectrum2 Designer User’s Guide

Document Revision: 060102

34

granted to you under this Agreement. You may not reverse engineer, decompile, or
disassemble the Software, except to the extent that the foregoing restriction is
expressly prohibited by applicable law. You may not modify, or create derivative
works based upon, the Software in whole or in part. You may not copy the Software
or Documentation except as expressly permitted in Section 1 above. You may not
remove any proprietary notices or labels on the

Software. All rights not expressly set

forth hereunder are reserved by Network Associates. MEDIAFORM reserves the
right to periodically conduct audits upon advance written notice to verify compliance
with the terms of this Agreement.

6. Warranty and Disclaimer

a. Limited Warranty. MEDIAFORM warrants that for sixty (60) days from the date

of original purchase the media (for example, the diskettes) on which the Software
is contained will be free from defects in materials and workmanship.

b. Customer Remedies. MEDIAFORM’s and its suppliers’ entire liability, and your

exclusive remedy, shall be, at MEDIAFORM’s option, either (i) to return the
purchase price paid for the license, if any, or (ii) to replace the defective media on
which the Software is contained with a copy on nondefective media. You must
return the defective media to MEDIAFORM at your expense with a copy of your
receipt. This limited warranty is void if the defect has resulted from accident,
abuse, or misapplication. Any replacement media will be warranted for the
remainder of the original warranty period. Outside the United States, this remedy
is not available to the extent that MEDIAFORM is subject to restrictions under
United States export control laws and regulations.

c. Warranty Disclaimer. To the maximum extent permitted by applicable law, and

except for the limited warranty set forth herein, THE SOFTWARE IS
PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING
PROVISIONS, YOU ASSUME RESPONSIBILITY FOR SELECTING THE
SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE
INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE
SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS,
MEDIAFORM MAKES NO WARRANTY THAT THE SOFTWARE WILL BE
ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES,
OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MEDIAFORM
DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE
ACCOMPANYING DOCUMENTATION. SOME STATES AND
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The foregoing provisions shall be enforceable to the maximum extent permitted
by applicable law.