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The backup copy must include all copyright information contained on the original.ĭatacolor grants to you, and you accept, a personal, nonexclusive, nontransferable license to distribute profiles in.
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In addition to installed copies, you may make one copy of the Software in machine-readable form only for backup purposes. If you wish to use the Software on a network, please contact Datacolor.
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With respect to any other Datacolor software, Datacolor grants to you, and you accept, a personal, nonexclusive, nontransferable license to install and use the Software in object code format on a single computer at a time.
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With respect to any monitor calibration software, Datacolor grants to you, and you accept, a personal, nonexclusive, nontransferable license to install and use the Software in object code format on one or more computers at a single physical location, and on five additional laptop, notebook or other portable computers. The foregoing limitation will apply even if the above stated remedy fails of its essential purpose. In no event shall Datacolor’s total liability to you for all damages exceed the amount of fifty dollars ($50.00). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation may not apply to you. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DATACOLOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR THE SOFTWARE. If you have purchased the Software for business or commercial use, you also agree that DATACOLOR EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE. The terms of this disclaimer do not affect or prejudice the statutory rights of a consumer acquiring Datacolor products otherwise than in the course of a business neither do they limit or exclude any liability for death or personal injury caused by Datacolor’s negligence. Some states do not allow the exclusion or limitation of implied warranties, so the above exclusion may not apply to you. Should the Software prove defective, you (and not Datacolor or a Datacolor authorized representative) assume the entire cost of all necessary servicing, repair or correction.
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Furthermore, Datacolor does not warrant or make any representation regarding the use or the results of the use of the Software or related documentation in terms of their correctness, accuracy, reliability or otherwise. THE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.ĭatacolor does not warrant that the functions contained in the Software will meet your requirements, or that the operation of the Software will be uninterrupted or error-free, or that defects in the Software will be corrected. You expressly acknowledge and agree that use of the Software is at your sole risk. This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. The Limited Warranty set forth herein is exclusive and in lieu of all others, whether oral or written, express or implied.ĭATACOLOR SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO MEDIA.
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Some states do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. Datacolor, 5 Princess Road, Lawrenceville, NJ 08648, Attn: Customer Service, or call 1-80 for a Datacolor authorized representative. Your exclusive remedy under this paragraph shall be, at Datacolor’s option, a refund of the purchase price of the product containing the Software or replacement of the Software which is returned to Datacolor or a Datacolor authorized representative with a copy of the receipt.
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LIMITED WARRANTY on Media (if applicable).ĭatacolor warrants the media on which the Software is recorded to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. YOU HEREBY AGREE, BOTH ON YOUR OWN BEHALF AND AS AN AUTHORIZED REPRESENTATIVE OF ANY ORGANIZATION FOR WHICH YOU ARE USING THE SOFTWARE (“EMPLOYER”), THAT YOU AND YOUR EMPLOYER WILL USE THE SOFTWARE ONLY IN ACCORDANCE WITH THE FOLLOWING TERMS:ġ. (“Datacolor”) granting you certain rights to access and use the Datacolor Software owned by Datacolor and contained in this envelope (the “Software”). This license agreement (“License”) is a legal agreement between you and Datacolor, Inc.