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You may not:

a. make use of the Software, directly or indirectly, to print bitmap images with print resolutions of 600 dots per inch or greater, or to generate fonts or typefaces 
for use other than with Fiery X3e;

b. make or have made, or permit to be made, any copies of the Software, Coded Font Programs, accompanying documentation or portions thereof, except as 
necessary for use with the Fiery X3e unit purchased by you; provided, however, that under no circumstances may you make or have made, or permit to be made, 
any copies of that certain portion of the Software which has been included on the Fiery X3e hard disk drive. You may not copy the documentation; 

c. attempt to alter, disassemble, decrypt or reverse engineer the Software, Coded Font Programs or accompanying documentation.

d. rent or lease the Software.

 

You acknowledge that the Software, Coded Font Programs, Typefaces, Trademarks and accompanying documentation are proprietary to Electronics For Imaging 
and its suppliers and that title and other intellectual property rights therein remain with Electronics For Imaging and its suppliers. Except as stated above, this 
Agreement does not grant you any right to patents, copyrights, trade secrets, trademarks (whether registered or unregistered), or any other rights, franchises or 
licenses in respect of the Software, Coded Font Programs, Typefaces, Trademarks or accompanying documentation. You may not adapt or use any trademark or 
trade name which is likely to be similar to or confusing with that of Electronics For Imaging or any of its suppliers or take any other action which impairs or 
reduces the trademark rights of Electronics For Imaging or its suppliers. The trademarks may only be used to identify printed output produced by the Coded Font 
Programs. At the reasonable request of Electronics For Imaging, you must supply samples of any Typeface identified with a trademark.

The MacApp software is proprietary to Apple Computer, Inc. and is licensed to Electronics For Imaging for distribution only for use in combination with Fiery 
software utilities.

 

You agree to hold the Software and Coded Font Programs in confidence, disclosing the Software and Coded Font Programs only to authorized users having a need 
to use the Software and Coded Font Programs as permitted by this Agreement and to take all reasonable precautions to prevent disclosure to other parties.

 

Unauthorized use, copying or disclosure of the Software, Coded Font Programs, Typefaces, Trademarks or accompanying documentation will result in automatic 
termination of this license and will make available to Electronics For Imaging other legal remedies.

 

Electronics For Imaging warrants that, for a period of ninety (90) days from the date of delivery to you, the Software under normal use will perform without 
significant errors that make it unusable. Electronics For Imaging’s entire liability and your exclusive remedy under this warranty (which is subject to you returning 
Fiery X3e to Electronics For Imaging or an authorized dealer) will be, at Electronics For Imaging’s option, to use reasonable commercial efforts to attempt to 
correct or work around errors, to replace the Software with functionally equivalent software, or to refund the purchase price and terminate this Agreement. Some 
states do not allow limitations on duration of implied warranty, so the above limitation may not apply to you.

Except for the above express limited warranty, Electronics For Imaging makes and you receive no warranties or conditions on the Products, express, implied, or 
statutory, and Electronics For Imaging specifically disclaims any implied warranty or condition of merchantability or fitness for a particular purpose.

For warranty service, please contact your authorized service/support center.

EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ELECTRONICS FOR IMAGING MAKES AND YOU RECEIVE NO WARRANTIES 
OR CONDITIONS ON THE SOFTWARE OR CODED FONT PROGRAMS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION 
OF THIS AGREEMENT OR COMMUNICATION WITH YOU, AND ELECTRONICS FOR IMAGING SPECIFICALLY DISCLAIMS ANY IMPLIED 
WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Electronics For Imaging does not warrant that 
the operation of the software will be uninterrupted or error free or that the Software will meet your specific requirements.

 

IN NO EVENT WILL ELECTRONICS FOR IMAGING OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA, LOST 
PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM THE USE OF 
THE SOFTWARE, CODED FONT PROGRAMS OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF 
LIABILITY. THIS LIMITATION WILL APPLY EVEN IF ELECTRONICS FOR IMAGING OR ANY AUTHORIZED DEALER HAS BEEN ADVISED 
OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE THAT THE PRICE OF THE UNIT REFLECTS THIS ALLOCATION OF RISK. 
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR 
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

You agree that you will not export or re-export the Software or Coded Font Programs in any form without the appropriate United States and foreign government 
licenses. Your failure to comply with this provision is a material breach of this Agreement.

 

Use, duplication or disclosure of the Software by the United States Government is subject to restrictions as set forth in subdivision (c) (1) (ii) of the Rights in 
Technical Data and Computer Software clause at DFARS 252.227-7013 or in subparagraphs (c) (1) and (2) of the Commercial Computer Software—Restricted 
Right Clause at 48 CFR 52.227-19, as applicable.

 

You are hereby notified that Adobe Systems Incorporated, a California corporation located at 345 Park Avenue, San Jose, CA 95110-2704 USA (“Adobe”) is a 
third-party beneficiary to this Agreement to the extent that this Agreement contains provisions which relate to your use of the Fonts, the Coded Font Programs, 
the Typefaces and the Trademarks licensed hereby. Such provisions are made expressly for the benefit of Adobe and are enforceable by Adobe in addition to 
Electronics For Imaging.

 

This Agreement will be governed by the laws of the State of California.

This Agreement is the entire agreement held between us and supersedes any other communications or advertising with respect to the Software, Coded Font 
Programs and accompanying documentation.

If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

If you have any questions concerning this Agreement, please write to Electronics For Imaging, Attn: Licensing Dept. or see Electronics For Imaging’s web site at 
www.efi.com.

Electronics For Imaging
303 Velocity Way
Foster City, CA 94404

 

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