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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.
4. 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.
Monotype Imaging 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 Monotype Imaging. 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 Monotype Imaging. Monotype Imaging 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.
3.
To protect proprietary rights of Monotype Imaging, 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.
11-28

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Km-2540

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