3
4. You agree not to duplicate or copy the Software or Typefac-
es, except that you may make one backup copy. You agree
that any such copy shall contain the same proprietary notices
as those appearing on the original.
5. This License shall continue until the last use of the Software
and Typefaces, unless sooner terminated. This License may
be terminated by Agfa Japan if you fail to comply with the
terms of this License and such failure is not remedied within
thirty (30) days after notice from Agfa Japan. When this Li-
cense expires or is terminated, you shall either return to Agfa
Japan or destroy all copies of the Software and Typefaces
and documentation as requested.
6. You agree that you will not modify, alter, disassemble, de-
crypt, reverse engineer or decompile the Software.
7. Agfa Japan warrants that for ninety (90) days after delivery,
the Software will perform in accordance with Agfa Japan-
published specifications, and the diskette will be free from
defects in material and workmanship. Agfa Japan does not
warrant that the Software is free from all bugs, errors and
omissions.
THE PARTIES AGREE THAT ALL OTHER WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE AND MER-
CHANTABILITY, ARE EXCLUDED.
8. Your exclusive remedy and the sole liability of Agfa Japan in
connection with the Software and Typefaces is repair or re-
placement of defective parts, upon their return to Agfa Ja-
pan.
IN NO EVENT WILL AGFA JAPAN BE LIABLE FOR LOST
PROFITS, LOST DATA, OR ANY OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES, OR ANY DAMAGES
CAUSED BY ABUSE OR MISAPPLICATION OF THE
SOFTWARE AND TYPEFACES.
9. New York, U.S.A. law governs this Agreement.
10. You shall not sublicense, sell, lease, or otherwise transfer
the Software and/or Typefaces without the prior written con-
sent of Agfa Japan.
11. Use, duplication or disclosure by the Government is subject
to restrictions as set forth in the Rights in Technical Data and
Computer Software clause at FAR 252-227-7013, subdivi-
sion (b)(3)(ii) or subparagraph (c)(1)(ii), as appropriate. Fur-
ther use, duplication or disclosure is subject to restrictions
applicable to restricted rights software as set forth in FAR
52.227-19 (c)(2).
12. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT, AND AGREE TO BE
BOUND BY ITS TERMS AND CONDITIONS. NEITHER
PARTY SHALL BE BOUND BY ANY STATEMENT OR REP-
RESENTATION NOT CONTAINED IN THIS AGREEMENT.
NO CHANGE IN THIS AGREEMENT IS EFFECTIVE UN-
LESS WRITTEN AND SIGNED BY PROPERLY AUTHOR-
IZED REPRESENTATIVES OF EACH PARTY. BY
OPENING THIS DISKETTE PACKAGE, YOU AGREE TO
ACCEPT THE TERMS AND CONDITIONS OF THIS
AGREEMENT.