ATTENTION: PLEASE READ THESE TERMS OF USE (HEREINAFTER “AGREEMENT”) CAREFULLY
BEFORE ACCESSING OR USING THIS WEB SITE (“SITE”). YOUR ACCESS TO AND USE OF THIS
SITE IS GOVERNED BY THIS AGREEMENT. BY ACCESSING OR USING THIS SITE, INCLUDING,
WITHOUT LIMITATION, USE OF ANY SERVICES, SOFTWARE OR MATERIALS (AS THOSE TERMS ARE
DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT ACCESS OR USE THIS SITE.
Use of Site
Electronics for Imaging, Inc. and its affiliates (hereinafter collectively "EFI")
give you limited permission to access, view, use and download (where applicable)
the software, products, information and materials available at or in connection
with this Site (hereinafter collectively “Materials”) solely for your personal,
non-commercial use, provided that you comply with all of the terms and conditions
stated in this Agreement and any applicable EFI license agreement or other applicable
EFI agreement. You may make one (1) copy of the Materials to the extent necessary
to use the Site as permitted above, provided that you retain on any such copy all
copyright and other proprietary notices contained in the original Materials. Except
as permitted above, you may not use, make, modify, reformat, copy, display, perform,
distribute, transmit, publish, license, create derivative works from, transfer or
sell any Materials, content, communications or services which are displayed or referenced
on this Site. Except as stated above, you receive no rights or license of any kind,
including no rights to or under any patents, copyrights, trade secrets or trademarks.
Use of Materials on any other web site or networked environment is prohibited. The
Materials are copyrighted and any unauthorized use of the Materials may violate
copyright, trademark, and other laws. If you breach any of the terms of this Agreement,
your authorization to use this Site and the Materials shall automatically terminate
and you must immediately stop using this Site and Materials, and destroy all copied,
downloaded and printed Materials.
You are prohibited from posting or transmitting to or from this Site any unlawful,
threatening, hateful, offensive, libelous, defamatory, obscene, pornographic, vulgar
or sexually explicit material or any material that would violate any law or the
rights of others, or that would subject EFI or its agents, affiliates or partners
to any claims or liability.
By using this Site, including any Materials, communications, content and services
available through it, you agree that you will not do any of the following:
- upload, post, or otherwise transmit to or through the Site any communications, content
or materials that EFI deems to be unlawful, threatening, hateful, offensive, libelous,
defamatory, pornographic, vulgar, obscene, or sexually explicit;
- upload, post, or otherwise transmit to or through the Site any communications, content
or materials that could be deemed to encourage or advocate any illegal activities;
- upload, post, or otherwise transmit to or through the Site any communications, content
or materials that infringe and/or violate any right of a third party or any domestic
or international law, rule, or regulation, including but not limited to: (a) copyright,
patent, trademark, or other proprietary rights; (b) the right of privacy; and (c)
the right of publicity;
- upload, post, or otherwise transmit to or through the Site any communications, content
or materials that violate an agreement with a third party, including without limitation
a confidentiality agreement;
- upload, post, or otherwise transmit to or through the Site any communications, content
or materials that might subject EFI and/or its agents, affiliates or partners to
any claims or liability;
- disrupt or interfere with any other user's enjoyment of the Site or affiliated or
linked sites;
- upload, post, or otherwise transmit to or through the Site any viruses, robots,
scripts, spiders or similar items or harmful, disruptive, or destructive files or
elements;
- create a false identity, or use or attempt to use another's account, password, service,
or system;
- access or attempt to access any area or content which you are not authorized to
access; and/or
- disrupt or interfere with the security of, or otherwise cause harm to, the Site,
or any services, Materials, communications, content, system resources, accounts,
passwords, servers, or networks connected to or accessible through the Site or any
affiliated or linked sites.
- You agree to indemnify, defend and hold EFI and its agents, affiliates, and partners
harmless from all claims, liabilities, damages, expenses, costs and attorneys’ fees
arising out of or related to any violation (and/or alleged violation) of this Agreement
by you.
As used herein, EFI’s partners include independent vendors, suppliers, licensors,
contractors, distributors, resellers, dealers, OEMs and other parties who have a
business relationship or a potential business relationship with EFI.
Use of Software
All software and documentation provided by EFI and its licensors, and all related
downloads, on-line materials, bug fixes, patches, releases, release notes, updates,
upgrades, technical support materials, and information (hereinafter collectively
“Software”) is licensed (not sold). Use of the Software is subject to the terms
and conditions of the license agreement (hereinafter “Software License Agreement”)
that accompanies or is provided with the Software. You may not use, download or
install the Software until you have read and accepted the terms of the Software
License Agreement. You are granted only a limited, non-exclusive license to use
the Software solely for your personal use and solely in accordance with the Software
License Agreement. The Software is confidential and proprietary to EFI and its licensors.
You may not disclose or distribute the Software to any third party.
Use of Services
By using any services (including without limitation any technical support, on-site
support, installation, implementation, consulting, training and maintenance services)
provided by EFI or EFI’s licensors or partners (“Services”), you agree to comply
with this Agreement and any applicable EFI services agreement. You are responsible
for your data and general maintenance. You are also responsible for: (a) promptly
installing all maintenance releases and utilizing all workarounds, bypasses, explanations
of functionality, routines, procedures or fixes provided by EFI and its licensors
and partners; (b) ensuring that all Software users and system administrators are
adequately trained in the operation of the Software and associated duties; (c) designating
an appropriate system administrator or primary contact to interface with EFI with
respect to the Services; (d) verification of data; (e) monitoring and maintaining
database and applications, including file sizes; (f) timely reporting to EFI of
bugs, errors, failures and other situations for which support is requested; (g)
maintaining daily backups of the server and storing backups off-site in a safe environment;
(h) maintaining a disaster recovery plan for your server(s); (i) maintaining hardware
proper environment including proper temperature and humidity; (j) retaining all
media; (k) timely payment of all fees and expenses; (l) fully cooperating with,
and providing all information, files and access to systems requested by EFI support
personnel; and (m) payment of all expenses related to the Services including but
not limited to facility rental charges, hardware and software costs, supplies, travel
expenses, lodging and meal expenses. Services do not include repair or maintenance
of any third party product, nor any EFI product which: (a) has been damaged as a
result of negligence, accident, abuse, misuse, or misapplication; (b) has been damaged
as a result of service, alteration, adjustment or repair (including upgrades and
expansions) performed by anyone who is not an EFI Authorized Service Provider; (c)
has been damaged as a result of an act of God such as, but not limited to, lightning,
flooding, tornado, earthquakes and hurricanes; (d) has been modified without written
permission of EFI; (e) any EFI serial number has been removed or defaced; (f) there
is a failure to install available maintenance releases, workarounds, bypasses, explanations
of functionality, routines, procedures and fixes provided by EFI and its licensors
and partners; or (g) has been combined or used with third party products or technology
not approved by EFI.
User Submissions
Other than personally identifiable information, which is discussed below, you agree
that any material, content, files, messages, information and other communication
you transmit or post to this Site (hereinafter “Communications”) will be considered
non-confidential and non-proprietary. You agree that EFI and its designees, agents,
partners, and affiliates will have no obligations with respect to your Communications.
You agree that EFI and its designees, agents, partners and affiliates may freely
use, copy, modify, publicly perform, publicly display, create derivative works from,
disclose, make, sell, license, distribute, advertise, incorporate and otherwise
use your Communications and all data, images, sounds, text, and other things embodied
therein for any and all commercial and non-commercial purposes, including without
limitation marketing and the development of products and services. You further agree
that EFI and its designees, agents, partners and affiliates may freely use all Communications
and all feedback and contributions you provide on-line and off-line to create, improve,
modify, create derivative works of, make, use, sell, license, distribute, publicly
perform, publicly display, market, and advertise software, products, services, information,
communications and content, including without limitation the Software, Services
and Materials.
Managing content and communications
Users remain solely responsible for their own Communications. EFI is not responsible
for a user’s Communications.
Although EFI has no duty to do so, EFI reserves the right at any time without notice
and for any reason (without liability to EFI): (a) to edit and/or remove any user’s
Communications, and (b) to restrict, suspend, and/or terminate any user’s access
to all or any part of this Site.
EFI may, but is not obligated to, monitor and review (i) any areas on the Site where
users transmit or post user Communications, including but not limited to areas where
services are available, chat rooms, bulletin boards, and other user forums; and
(ii) the substance of any user Communications.
Use and protection of account number and password
You are responsible for maintaining the confidentiality of your account number,
account name, and password, if applicable. You are responsible for all claims, liabilities,
damages, losses, expenses, costs and attorneys’ fees resulting from all uses of
your account number, account name, and password, whether or not authorized by you,
unless access to your account number, account name, and password was obtained through
no fault or negligence of your own.
Personally Identifiable Information
If you transmit or post personally identifiable information (name, address, e-mail
address, phone number, etc.) to this Site, the handling of this information shall
be subject to EFI’s Privacy Statement, which you can view at www.efi.com. By accessing or using this Site, you agree to
the handling of your personally identifiable information in accordance with EFI’s
Privacy Statement.
Links To Other Web Sites
Links to third party web sites on this Site are provided solely as a convenience
to you. If you use these links, you will leave this Site. EFI has not reviewed all
of these third party sites and does not control and is not responsible for any of
these sites or their content. EFI does not endorse or make any representations about
these sites, or any information, communications, content, software, other products
or materials found at these sites, or any results that may be obtained from using
them. If you decide to access any of the third party sites linked to this Site,
you do this entirely at your own risk.
Disclaimer of Warranties
EFI does not warrant the accuracy and completeness of the Materials, Communications,
Services and any other content available at or in connection with this Site (hereinafter
collectively “Content”). EFI may make changes to the Content and to the services,
products and prices described therein, at any time without notice. The Content may
be out of date, and EFI makes no commitment to update the Content. Content published
at this Site may refer to products, programs or services that are not available
in your country. Consult your local EFI business contact for information regarding
the products, programs and services that may be available to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED
WARRANTIES THAT MAY BE PROVIDED IN EFI PRODUCT OR SERVICE DOCUMENTATION, ALL MATERIALS,
PRODUCTS, SERVICES, COMMUNICATIONS AND CONTENT ARE PROVIDED "AS IS" AND WITHOUT
ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT
FOR THE EXPRESS LIMITED WARRANTIES THAT MAY BE PROVIDED IN EFI PRODUCT OR SERVICE
DOCUMENTATION, EFI EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS,
IMPLIED AND STATUTORY) INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. EFI DOES NOT WARRANT
THAT THE SITE AND THE MATERIALS, PRODUCTS, COMMUNICATIONS, CONTENT AND SERVICES
WILL BE CORRECT, ACCURATE, SECURE, RELIABLE, UNINTERRUPTED, ERROR-FREE, FREE OF
VIRUSES AND OTHER HARMFUL ELEMENTS, OR THAT DEFECTS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED
WARRANTIES THAT MAY BE PROVIDED IN EFI PRODUCT OR SERVICE DOCUMENTATION, EFI EXPRESSLY
DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE USE AND AVAILABILITY OF ANY COMMUNICATIONS,
MATERIALS, PRODUCTS, SERVICES, AND CONTENT, THE STATEMENTS OR ACTIONS OF ANY USER
OR THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH USERS, VENDORS OR OTHER
THIRD PARTIES, ANY ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION
THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, THE STORAGE OR LOSS OF DATA, FILES,
OR OTHER CONTENT, AND ANY WEB SITE REFERENCED OR LINKED TO OR FROM THIS SITE.
APPLICABLE LAW MAY NOT ALLOW THE ABOVE EXCLUSIONS OF WARRANTIES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU. IN SUCH A CASE, THE WARRANTIES AND LIABILITY OF EFI AND ITS
AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS AND SUPPLIERS
ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE AGGREGATE,
CUMULATIVE LIABILITY OF EFI AND ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES,
PARTNERS, LICENSORS AND SUPPLIERS FOR ALL CLAIMS RELATED TO THIS AGREEMENT AND ALL
MATERIALS, PRODUCTS, SERVICES, COMMUNICATIONS AND CONTENT, REGARDLESS OF THE FORM
OF ACTION (WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE), SHALL BE LIMITED
TO THE AMOUNT PAID BY YOU FOR THE MATERIALS, PRODUCTS, SERVICES, COMMUNICATIONS
OR CONTENT THAT ARE AT ISSUE. YOU AGREE THAT SUCH AMOUNT IS SUFFICIENT TO SATISFY
THE ESSENTIAL PURPOSE OF THE PROVISIONS OF THIS AGREEMENT AND THAT SUCH A LIABILITY
IS A FAIR AND REASONABLE ESTIMATE OF ANY LOSS AND DAMAGE LIKELY TO BE SUFFERED IN
THE EVENT OF ANY WRONGFUL ACT OR OMISSION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EFI NOR ITS
AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS AND SUPPLIERS
BE LIABLE FOR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS,
LOST DATA, THIRD PARTY CLAIMS, AND/OR ANY SPECIAL, INDIRECT, RELIANCE, CONSEQUENTIAL,
EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
RELATED TO THIS AGREEMENT, THE MATERIALS, PRODUCTS, SERVICES, COMMUNICATIONS AND/OR
CONTENT. THIS LIMITATION SHALL APPLY EVEN IF EFI AND/OR ITS AFFILIATES, AGENTS,
OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS AND SUPPLIERS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE PRICE OF THE MATERIALS, PRODUCTS,
SERVICES, COMMUNICATIONS AND CONTENT REFLECTS THIS ALLOCATION OF RISK. YOU ACKNOWLEDGE
AND AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY AND DISCLAIMERS FORM AN ESSENTIAL
ELEMENT OF THIS AGREEMENT, WITHOUT WHICH EFI WOULD NOT HAVE ALLOWED YOU TO HAVE
ACCESS TO THE MATERIALS, PRODUCTS, SERVICES, COMMUNICATIONS AND CONTENT.
APPLICABLE LAW MAY NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU. IN SUCH A CASE, THE LIABILITY OF EFI AND ITS AFFILIATES, AGENTS,
OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS AND SUPPLIERS IS LIMITED TO
THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Forward-looking statements disclaimer
This Site may now, or hereafter from time to time, contain certain statements or
information with respect to (i) the projection of EFI's revenues, income, earnings
per share, capital expenditures, dividends, capital structure, or other financial
items; (ii) the plans, objectives, and/or projections of EFI for future operations,
including those relating to the products or services of EFI; (iii) EFI's future
economic performance; (iv) assumptions underlying or relating to any of the foregoing
statements or information; and (v) any other projections, estimates, or forward-looking
statements. All such statements and information are forward-looking statements within
the meanings of Section 27A of the Securities Act of 1933 and Section 21E of the
Securities Exchange Act of 1934. Such forward-looking statements are based upon,
or will be based upon, EFI's judgment with respect to future events and are subject
to a number of uncertainties and risks that could cause actual results or circumstances
to differ materially from those expressed in the forward-looking statements. EFI
wishes to caution you that such forward-looking statements are only predictions
and that actual events or results may differ materially. For further details and
information concerning the foregoing or EFI in general, please consult the company's
documents and reports now and hereafter on file with the Securities and Exchange
Commission, particularly EFI's most recent Form 10-K and Form 10-Q, copies of which
are also available from EFI on this Site at Investor Relations.
U.S. Government Restricted Rights
Use, duplication or disclosure of the Software by the United States Government is
subject to restrictions as set forth in FAR 12.212 or DFARS 227.7202-3 -227.7202-4
and, to the extent required under U.S. federal law, the minimum restricted rights
as set out in FAR 52.227-14, Restricted Rights Notice (June 1987) Alternate III(g)(3)(June
1987) or FAR 52.227-19 (June 1987). To the extent any technical data is provided
pursuant to the Agreement, such data is protected per FAR 12.211 and DFARS 227.7102-2
and to the extent explicitly required by the U.S. Government, is subject to limited
rights as set out in DFARS 252.227.7015 (November 1995) and DFARS 252.227-7037 (September
1999). In the event that any of the above referenced agency regulations are modified
or superseded, the subsequent equivalent regulation shall apply. The name of the
Contractor is Electronics for Imaging, Inc.
Intellectual Property
EFI and its licensors solely own all right, title and interest, including without
limitation all intellectual property rights, in and related to the Software, Materials,
products, Services, communications and content provided by EFI, and all improvements,
derivative works and modifications thereof, including without limitation improvements,
derivative works and modifications that are based upon your Communications and your
feedback and contributions provided on-line and off-line.
You agree that your Communications will be considered non-confidential and non-proprietary.
You agree that EFI and its designees, agents, partners, and affiliates will have
no obligations with respect to your Communications. You agree that EFI and its designees,
agents, partners and affiliates may freely use, copy, modify, create derivative
works from, disclose, make, publicly perform, publicly display, sell, license, distribute,
advertise, incorporate and otherwise use your Communications and all data, images,
sounds, text, and other things embodied therein for any and all commercial and non-commercial
purposes, including without limitation marketing and the development of products
and services. Further, you agree that EFI and its designees, agents, partners and
affiliates may freely use all Communications and all feedback and contributions
you provide on-line and off-line to create, improve, modify, create derivative works
of, make, use, sell, license, distribute, market, publicly perform, publicly display,
and advertise software, products, services, information, communications and content,
including without limitation the Software, Services and Materials.
For additional information regarding EFI’s intellectual property rights, including
without limitation its patents and copyrights, please see the patent, copyright,
and other legal notices at this Site and in the EFI product and service documentation.
Trademarks
The trademarks, logos, and service marks ("Marks") displayed on this Site are the
property of EFI or other third parties. You are not permitted to use the Marks without
the prior written consent of EFI or such third party that may own the Marks. EFI
and the EFI logo are trademarks of Electronics for Imaging, Inc.
Applicable Laws and Jurisdiction
This Site is administered by EFI from its offices in the United States. EFI makes
no representation that materials at this Site are appropriate or available for use
outside the United States, and access to them from territories where their contents
are illegal is prohibited. This Agreement will be governed by and construed in accordance
with the laws of the State of California, without giving effect to any principles
of conflicts of laws. By using this Site, you consent to the personal jurisdiction
and venue of the state and federal courts of California.
Export Control Laws
The Software, products, Services and information of EFI are subject to the export
laws and regulations of the United States, including the United States Export Administration
Regulations. The access and license granted to you herein is conditioned upon your
compliance with all applicable export laws and regulations, including the export
laws and regulations of the United States.
By downloading any Software or using any other product, information or services,
you represent and warrant that you are not a national of Cuba, Iran, Iraq, Libya,
North Korea, Sudan, Syria, or any country to which the United States embargoes goods,
and that you are not a person on the Table of Denial Orders, the Entity List, the
List of Specially Designated Nationals, the List of Specially Designated Narcotics
Traffickers or the List of Specially Designated Terrorists.
By downloading any Software or using any other product, information or services,
you further represent, warrant and agree that you will not use, disclose, distribute,
transfer, export or re-export any portion of the Software, Materials, Communications,
content, products or information available on this Site in any form in violation
of any applicable laws or regulations, including without limitation the export laws
and regulations of the United States.
If you choose to access this Site from outside the United States, you do so on your
own initiative and are responsible for compliance with applicable local laws.
General
EFI may revise this Agreement at any time by updating this posting. You should visit
this page from time to time to review the then-current Terms of Use because they
are binding on you. Certain provisions of this Agreement may be superseded by expressly
designated legal notices or terms located on particular pages at this Site.
Effective Date: September 16, 2005
