Konica Minolta bizhub PRO 950 - Instrukcja (Strona 289)

bizhub PRO 950 (Version 2) 13-39
Dodatek 13
4. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase,
as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects
in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your
exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace
Software media or refund the fee paid for Software. Any implied warranties on the Software are limited to 90
days. Some states do not allow limitations on duration of an implied warranty, so the above may not apply
to you. This limited warranty gives you specific legal rights. You may have others, which vary from state to
state.
5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE
DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE
THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE
SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the
amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above
stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or
consequential damages, so some of the terms above may not be applicable to you.
7. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time
by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if
you fail to comply with any provision of this Agreement. Either party may terminate this Agreement
immediately should any Software become, or in either party's opinion be likely to become, the subject of a
claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies of
Software.
8. EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are subject to
US export control laws and may be subject to export or import regulations in other countries. You agree to
comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain
such licenses to export, re-export, or import as may be required after delivery to you.
9. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Sun that Sun owns the
SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE,
and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you
agree to comply with the Sun Trademark and Logo Usage Requirements currently located at
http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit.
10. U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being acquired by or on behalf of the U.S.
Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's
rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in
accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and
with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
11. GOVERNING LAW. Any action related to this Agreement will be governed by California law and controlling
U.S. federal law. No choice of law rules of any jurisdiction will apply.
12. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain
in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case
this Agreement will immediately terminate.
13. INTEGRATION. This Agreement is the entire agreement between you and Sun relating to its subject
matter. It supersedes all prior or contemporaneous oral or written communications, proposals,
representations and warranties and prevails over any conflicting or additional terms of any quote, order,
acknowledgment, or other communication between the parties relating to its subject matter during the term
of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an
authorized representative of each party.
SUPPLEMENTAL LICENSE TERMS These Supplemental License Terms add to or modify the terms of the
Binary Code License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the
same meanings ascribed to them in the Binary Code License Agreement. These Supplemental Terms shall
supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license
contained within the Software.