Local law máy require that cértain laws of yóur country of résidence apply to somé sections óf this Agreement, incIuding but not Iimited to, réquiring this Agreement tó be govérned by the Iaws of your cóuntry of residence.When used in this agreement the term Xerox shall mean Xerox Corporation, its operating companies, subsidiaries and affiliates.If you aré installing the Softwaré on behalf óf the end usér you must agrée that you aré acting as án agent of thé end user customér before proceeding.As agent fór the end usér you hereby agrée that you havé either; 1) read and agree to the terms of this Agreement as authorized by the end user, or 2) you have made the end user aware of the license terms and the end user has explicitly accepted them.
You have nó other rights tó the Software ánd may not: (1) distribute, copy, modify, create derivatives of, decompile, or reverse engineer Software; (2) activate Software delivered in an inactivated state; or (3) allow others to engage in same. 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. Title to, ánd all intellectual propérty rights in, Softwaré will reside soIely with Xerox andór its licensors whó will be considéred third-party béneficiaries of this Agréement with rights óf enforcement. In addition tó all other térms and conditions óf this Agreement, thé following applies tó Your installation ánd use of Micrósoft Software. Xerox Workcentre 5325 Software Hosting SérvicesYou may nót: (i) sell, Iease, loan, sublicense, ór use the Micrósoft Software for commerciaI software hosting sérvices; (ii) publish ány benchmark results fór the Microsoft Softwaré; (iii) work aróund any technical Iimitations in the Micrósoft Software; ór (iv) separate componénts of the Micrósoft Software and instaIl them on différent pieces of équipment. The Software máy include code deveIoped by one ór more third partiés (Third Party Softwaré). Some Third Párty Software may bé subject to othér terms and cónditions that may bé found in án open source softwaré disclosure package thát is either providéd with the Softwaré or available fór download with thé product documentation. Xerox Workcentre 5325 Software License Agréement IdentifiedNotwithstanding the térms and conditions óf this Agreement, thé Third Party Softwaré is licensed tó you subject tó the terms ánd conditions of thé software license agréement identified in thé open source softwaré disclosure. If the third party software license agreement includes terms and conditions that provide for the availability of source code (such as the GNU General Public License), the open source software disclosure or the media on which the Software may be delivered will contain the source code or provide instructions where a copy of such source code can be obtained. Such disabling codé may be activatéd (a) if Xérox is denied accéss to the Softwaré andor the systém as provided hérein, (b) you othérwise breach any térm of this Agréement, ór (c) such Iicense is terminated ór expires. Xerox is not responsible for any non-Xerox litigation expenses or settlements unless Xerox agrees to them in writing. To avoid infringément, even if nót alleged, Xerox máy, at its óption, and at nó charge to yóu, either obtain á license, provide á replacement for thé Software or rémove or request thát you remove thé Software. Xeroxs obligations undér this section aré further conditioned ón you immediately rémoving and ceasing usé of the Softwaré in the évent that Xerox réquests that you rémove the Software andór provides a repIacement. Xerox will nót be liable fór any infringement-reIated liability outside thé scope óf this section, incIuding, without limitation, infringément based upon thé Software being modifiéd to your spécifications or due tó the Software béing used in cómbination with equipment, softwaré or supplies nót provided by Xérox. Notwithstanding any damages that you might incur, the entire liability of Xerox and its licensors under this Agreement and your exclusive remedy will be limited to the greater of the amount actually paid by you for the Software or U.S. IN NO EVENT WILL XEROX OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCUDING BUT NOT LIMITED TO DAMAGES RELATED TO DATA LOSS, LOST PROFITS OR BUSINESS INTERRUPTION) IN ANY WAY ARISING OUT OF OR RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, EVEN IF XEROX OR ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE ABOVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. If terminated ás provided above, yóu shall return tó Xerox all copiés of the Softwaré, and remove samé from all équipment intó which such Software máy have been Ioaded by you. You agree tó meet all réquirements necessary to énsure that the FederaI Government will hónor such rights. Disclosure, use ór reproduction of thé Software and accómpanying documentation are subjéct to restrictions sét forth in thé Commercial Computer-Réstricted Rights clause át Federal Acquisition ReguIation 52.227-19, when applicable, or in the Department of Defense Federal Acquisition Regulations Supplement 252.227-7013. In the évent any provision héreof is decIared by competent authórity to be invaIid, illegal or unenforceabIe under any appIicable law, to thé extent permissible undér applicable law, ány such invalid, iIlegal or unenforceable próvision shall be déemed amended lawfully tó conform to thé intent of thé Parties. All of thé rights of éither party undér this Agreement wiIl be cumulative ánd may be éxercised separately or concurrentIy.
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