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8
THE PARTIES AGREE THAT ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND
MERCHANTABILITY, ARE EXCLUDED.
9
Your exclusive remedy and the sole liability of Monotype Imaging KK in connection with
the Software and Typefaces is repair or replacement of defective parts, upon their return
to Monotype Imaging KK.
10 IN NO EVENT WILL MONOTYPE IMAGING KK 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.
11 Massachusetts U.S.A. law governs this Agreement.
12 You shall not sublicense, sell, lease, or otherwise transfer the Software and/or Typefaces
without the prior written consent of Monotype Imaging KK.
13 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).
14 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 REPRESENTATION NOT CONTAINED
IN THIS AGREEMENT. NO CHANGE IN THIS AGREEMENT IS EFFECTIVE UNLESS
WRITTEN AND SIGNED BY PROPERLY AUTHORIZED REPRESENTATIVES OF
EACH PARTY. BY OPENING THIS DISKETTE PACKAGE, YOU AGREE TO ACCEPT
THE TERMS AND CONDITIONS OF THIS AGREEMENT.
6-42
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