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Limitation of Remedies
IBM’s entire liability under this license is the following;
1) For any claim (including fundamental breach), in any form, related in any way to this
license, IBM’s liability will be for actual damages only and will be limited to the greater of:
a) the equivalent of U.S.$25,000 in your local currency; or
b) IBM’s then generally available license fee for the Program
This limitation will not apply to claims for bodily injury or damages to real or tangible personal
property for which IBM is legally liable.
IBM will not be liable for any lost profits, lost savings, or any incidental damages or other
economic consequential damages, even if IBM, or its authorized supplier, has been advised
of the possibility of such damages. IBM will not be liable for any damages claimed by you
based on any third party claim. This limitation of remedies also applies to any developer of
Programs supplied to IBM. IBM’s and the developer’s limitations of remedies are not
cumulative. Such developer is an intended beneficiary of this Section. Some jurisdictions do
not allow these limitations or exclusions, so they may not apply to you.
General
You may terminate your license at any time. IBM may terminate your license if you fail to
comply with the terms and conditions of this license. In either event, you must destroy all your
copies of the Program. You are responsible for payment of any taxes, including personal
property taxes, resulting from this license. Neither party may bring an action, regardless of
form, more than two years after the cause of action arose. If you acquired the Program in the
United States, this license is governed by the laws of the State of New York. If you acquired
the Program in Canada, this license is governed by the laws of the Province of Ontario.
Otherwise, this license is governed by the laws of the country in which you acquired the
Program.
Typeface Trademark Acknowledgement
All resident fonts in this printer are licensed from Agfa Corporation.
Helvetica, Palatino and Times are registered trademarks of Linotype-Hell AG.
ITC Avant Garde Gothic, ITC Bookman, ITC ZapfChancery and ITC Zapf Dingbats are
registered trademarks of International Typeface Corporation.
Agfa Japan License Agreement
1.“Software” shall mean the digitally encoded, machine readable, scalable outline data as
encoded in a special format as well as the UFST Software.
2.You agree to accept a non-exclusive license to use the Software to reproduce and display
weights, styles and versions of letters, numerals, characters and symbols (“Typefaces”) solely
for your own customary business or personal purposes at the address stated on the
registration card you return to Agfa Japan. Under the terms of this License Agreement, you
have the right to use the Fonts on up to three printers. If you need to have access to the fonts
on more than three printers, you need to acquire a multi-user license agreement which can be
obtained from Agfa Japan. Agfa Japan retains all rights, title and interest to the Software and
Typefaces and no rights are granted to you other than a License to use the Software on the
terms expressly set forth in this Agreement.
176


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