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7.
Agfa Japan warrants that for ninety (90) days after delivery, the Software will perform in accordance with
Agfa Japan-published specifications. 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 TYPE-FACES.
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).
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 REPRESENTATION NOT CONTAINED IN THIS AGREEMENT. NO CHANGE IN THIS
AGREEMENT IS EFFECTIVE UNLESS WRITTEN AND SIGNED BY PROPERLY AUTHORIZED
REPRESENTATIVES OF EACH PARTY.
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