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3.To protect proprietary rights of Agfa Japan, you agree to maintain the Software and
other proprietary information concerning the Typefaces in strict confidence and to
establish reasonable procedures regulating access to and use of the Software and
Typefaces.
4.You agree not to duplicate or copy the Software or Typefaces, 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 License 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, decrypt, 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 merchantability, are excluded.
8.Your exclusive remedy and the sole liability of Agfa Japan in connection with the
Software and Typefaces is repair or replacement of defective parts, upon their return to
Agfa Japan.
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 consent 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,
subdivision (b)(3)(ii) or subparagraph (c)(1)(ii), as appropriate. Further use, duplication
or disclosure is subject to restrictions applicable to restricted rights software as set forth
in FAR 52.227-19 (c)(2).
177


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