Warranty and Limitation of Liability
January 17, 2007 8F2927 A-3
country of the European Union, nothing in this Agreement shall be construed
as restricting any rights available under the European Community Software
Directive (91/250/EEC).
Term and Termination. This Software license will remain in effect for as long
as the Customer rightfully retains possession of the Software as delivered by
Kodak. However, this license will terminate immediately (i) if the Customer
transfers or modifies the Software except as provided under this Agreement,
(ii) upon an uncured default by the Customer of this Agreement, or (iii) if the
Customer becomes insolvent, makes an arrangement for the benefit of
creditors, or becomes subject to bankruptcy proceedings. Within thirty (30)
days after any expiration or termination of this license, in whole or in part, the
Customer agrees to deliver to Kodak all copies of the Software or media
(whether in whole or in part) in the Customer's possession, or as to any copy
not in the Customer's possession, Customer agrees to certify in writing that the
copy is either lost or has been destroyed.
Software Upgrades. Enhancements and/or upgrades will be made available to
the Customer at a price not greater than the said item's list price and may or
may not be discounted according to Kodak's pricing structure at the time of
purchase.
Limited Warranty For a period of one year from and after installation of Software, Kodak
warrants that the Software will substantially conform to Kodak's specifications
and that the media on which the software is furnished will be free from defects
in materials and workmanship under normal use. Kodak's sole obligation
under this warranty will be limited to using reasonable efforts to ensure such
conformity and to supply Customer with a corrected version of the Software as
soon as practical after Customer has notified Kodak of any non-conformity.
Kodak does not warrant that: (i) operation of any of the Software will be
uninterrupted or error free, or (ii) functions contained in the Software will
operate in the combinations which may be selected for use by, or meet
Customer's requirements. This warranty will be void if the Software is
modified without the written consent of Kodak.
Subject to any applicable legislation which prohibits the following exclusions,
KODAK MAKES NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. Some states and countries,
including Australia, do not allow the exclusion of implied warranties, or have
legislation that imposes certain statutory warranties that cannot be excluded,
so the above exclusion may not apply to you. This warranty gives you specific
legal rights and you may also have other rights.
Limitation of Remedies The remedies set forth above are Kodak's only obligation under the warranty.
IN NO EVENT WILL KODAK OR ITS SUPPLIERS OR DEALERS BE LIABLE TO
YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY
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