Epson AcuLaser C3900 Series
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5. LIMITATION OF LIABILITY IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE
TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY
CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR
LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY
ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO
THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE’S
AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION
WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE
SOFTWARE. Nothing contained in this Agreement limits Adobe’s liability to you in the event
of death or personal injury resulting from Adobe’s negligence or for the tort of deceit (fraud).
Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or
limiting obligations, warranties and liability as provided in this Agreement, but in no other
respects and for no other purpose.
6. TRADEMARKS Adobe and the Adobe logo are the registered trademarks or trademarks of
Adobe in the United States and other countries. With the exception of referential use, you
will not use such trademarks or any other Adobe trademark or logo without separate prior
written permission granted by Adobe.
7. TERM This Agreement is effective until terminated. Adobe has the right to terminate this
Agreement immediately if you fail to comply with any term hereof. Upon any such
termination, you must return to Adobe all full and partial copies of the Software in your
possession or control.
8. GOVERNMENT REGULATIONS If any part of the Software is identified as an export
controlled item under the United States Export Administration Act or any other export law,
restriction or regulation (the “Export Laws”), you represent and warrant that you are not a
citizen, or otherwise located within, an embargoed nation (including without limitation Iran,
Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise
prohibited under the Export Laws from receiving the Software. All rights to use the Software
are granted on condition that such rights are forfeited if you fail to comply with the terms of
this Agreement.
9. GOVERNING LAW This Agreement will be governed by and construed in accordance with
the substantive laws in force in the State of California as such laws are applied to agreements
entered into and to be performed entirely within California between California residents.
This Agreement will not be governed by the conflict of law rules of any jurisdiction or the
United Nations Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded. All disputes arising out of, under or related to this
Agreement will be brought exclusively in the state Santa Clara County, California, USA.
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