XEROX PHASER 3130 PRINTER DRIVERS

To avoid infringement, even if not alleged, Xerox may, at its option, and at no charge to you, either obtain a license, provide a replacement for the Software or remove or request that you remove the Software. You will not export or re-export the Software without appropriate United States or foreign government licenses or for any purpose prohibited by any applicable export control laws. Xerox will pay any settlement agreed to by Xerox or any final judgment for, any claim that Software infringes a third party’s valid United States patent or copyright, provided that you promptly notify Xerox in writing of any alleged infringement, allow Xerox to direct the defense, and fully cooperate with Xerox. When used in this agreement the term “Xerox” shall mean Xerox Corporation, its operating companies, subsidiaries and affiliates. Xerox is not responsible for any non-Xerox litigation expenses or settlements unless Xerox agrees to them in writing. Some Third Party Software may be subject to other terms and conditions that may be found in an open source software disclosure package provided with the Software or available for download with the product documentation.

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Remote Data Access will not allow Xerox to read, view or download the content of any Customer documents or other information residing on or passing prinrer the Equipment or Customer’s information management systems.

In the event any provision hereof is declared by competent authority to be invalid, illegal or unenforceable under any applicable law, to the extent permissible under applicable law, any such invalid, illegal or unenforceable provision shall be deemed amended lawfully to conform to the intent of the Parties. Xerox phaser 3130 printer Xerox deems Equipment incapable of Remote Data Access, Customer will ensure that Remote Data Access is maintained at all times maintenance or support services are being provided.

You agree that a your acquisition of the equipment does not grant you a license or right to use Diagnostic Software in any manner, and b that unless separately licensed by Xerox to do so, you will not access, use, reproduce, distribute, or disclose Diagnostic Software for any purpose or allow third parties to do so.

You may make archival or back-up copies of the Software, provided each copy contains all of the copyright and other proprietary notices contained on the original Software and such copies and is used only for back-up purposes. Notwithstanding any damages that you might incur, the entire liability of Xerox and its licensors under this Agreement and your exclusive remedy will be xerox phaser 3130 printer to the greater of the amount actually paid by you for the Software or U.

To avoid infringement, even if not alleged, Xerox may, at its option, and at no charge xerox phaser 3130 printer you, either obtain a license, provide a replacement for the Software or remove or request that you remove the Software.

Disclosure, xerox phaser 3130 printer or reproduction of the Software and accompanying documentation are subject to xerix set forth in the Commercial Computer-Restricted Rights clause at Federal Acquisition Regulation Click “Accept” to download, click “Decline” to cancel. This Agreement xetox be construed in accordance with the laws of the State of New York, without regard to its choice xerox phaser 3130 printer laws provisions, and disputes shall be adjudicated or otherwise decided in the forums xerix located in the State of New York.

Software may include or incorporate software provided by Microsoft Corporation “Microsoft Software”. Xerox may terminate your license for the Software i immediately if you no longer use or possess the equipment with which the Software was provided or are a lessor of the equipment with xerox phaser 3130 printer the Software was provided and your first lessee no longer uses or possesses it, ii upon the termination of any agreement under which you have rented or leased the equipment with which the Software was provided, or iii immediately in the event of a breach by you.

The Software may include code developed by one or more third parties “Third Party Software”. Customer grants the right to Xerox, xeerox charge, to conduct Remote Data Access for the purposes described above. Were You Looking For?

Xerox grants to you a xerox phaser 3130 printer, non-transferable license to use the Software on the Xerox-brand equipment “Equipment” on which it was delivered or, if delivered separately, on a single item of equipment.

The Software is provided with Restricted Prniter.

Phaser 3130

Local law may require that certain laws of your country of residence apply to some sections of this Agreement, including but not limited to, requiring this Agreement to be governed by the laws of your country of residence. You have no other rights to the Software and may not: Remote Data will be transmitted to and from Customer in a secure manner specified by Xerox. All of the rights of either party under this Agreement will be cumulative and may be exercised separately or concurrently.

Certain models of Equipment are supported and serviced xerox phaser 3130 printer data that is automatically collected by Xerox or transmitted to or from Xerox by the Equipment connected to Customer’s network “Remote Data” via electronic transmission to a secure off-site location “Remote Data Access”.

You agree at all times to allow Xerox to access, monitor, and otherwise take steps to prevent unauthorized use or reproduction of Diagnostic Software and to remove or disable Xerox phaser 3130 printer Software. If any provision of this Agreement is held invalid by any law, rule, order or regulation xerox phaser 3130 printer any government, or by the final determination of any state or federal court, such invalidity will not affect the enforceability of any other provisions not held to be invalid.

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Xerox phaser 3130 printer Agreement constitutes the entire agreement between the parties in connection with the subject matter hereof, and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, xerox phaser 3130 printer the parties.

31300 will not be liable for any infringement-related liability outside the scope of this section, including, without limitation, infringement based upon the Software being modified to your specifications or due to the Software xerox phaser 3130 printer used in combination with equipment, software or supplies not provided by Xerox.

If terminated as provided above, you shall return to Xerox all copies of the Software, and remove same from all equipment into which such Software may have been loaded phasdr you. Software used to evaluate or maintain Xerox equipment “Diagnostic Software” may be embedded in, reside on, or may be loaded onto Xerox equipment. If you are installing the Software on behalf of the end user you must agree that you xefox acting as an agent of the end user customer before proceeding.

Xerox will pay any settlement agreed to phaaer Xerox or any final judgment for, any claim that Software infringes a third party’s valid United States patent or copyright, provided that you promptly notify Xerox in writing of any alleged infringement, allow Xerox to direct the defense, and fully cooperate with Xerox. Remote Data Access also enables Xerox to transmit to Customer Releases for Software and to remotely diagnose and modify Equipment to repair and correct malfunctions.

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Any delay or omission by either party to exercise any right or remedy under this Agreement will not be construed to be a waiver of xerox phaser 3130 printer such right or remedy or pfinter other right or remedy. Xerox is not responsible for any non-Xerox litigation expenses or settlements unless Xerox agrees to them in writing.

Some Third Party Software may be subject to other terms and conditions that may be found xerox phaser 3130 printer an open source software disclosure package provided with the Software or available for download with the product documentation. The Diagnostic Software and method of entry or access to it constitute valuable trade secrets of Xerox.

You will not export or re-export the Software without appropriate United States or xerox phaser 3130 printer government licenses or for any purpose prohibited by any applicable export control laws. Notwithstanding the terms and conditions of this Agreement, the Third Party Software is licensed to you subject to the terms and conditions of the software license agreement identified in the open source software disclosure.