Reference Raster Image Processor (RIP)

Please read the license agreement before continuing.

END USER LICENSE AGREEMENT FOR GLOBAL GRAPHICS XPS     REFERENCE RIP IMPLEMENTATION Version No. 1.0 END USER LICENSE AGREEMENT FOR GLOBAL GRAPHICS XPS REFERENCE RIP IMPLEMENTATION Version No. 1.0 IMPORTANT- READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Global Graphics Software Incorporated ("Global Graphics") for the Global Graphics software Reference RIP identified above, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Reference RIP"). An amendment or addendum to this EULA may accompany the Reference RIP. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE REFERENCE RIP. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE REFERENCE RIP. SOFTWARE REFERENCE RIP LICENSE 1. GRANTS OF LICENSE. Global Graphics grants you the rights described in this EULA provided that you comply with all terms and conditions of this EULA. 1.1 General License Grant. You may install and use an unlimited number of copies of the Reference RIP on computers, including workstations, terminals or other digital electronic devices residing on your premises ("Computers") only for the purposes of: a) evaluating the Microsoft XPS print format, b) testing the Microsoft XPS print path in accordance with Microsoft's published XPS specification, and c) evaluating Global Graphics core XPS RIP technology. 1.2 Documentation. You may make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for personal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond your premises. 1.3 Storage/Network Use. You may also store or install a copy of the Reference RIP on a storage device, such as a network server, used only to install or run the Reference RIP on computers used by a licensed end user in accordance with Section 1.1. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS 2. RESERVATION OF RIGHTS. Global Graphics reserves all rights not expressly granted to you in this EULA. 3. UPGRADES. To use a Reference RIP identified as an upgrade, you must first be licensed for the Reference RIP identified by Global Graphics as eligible for the upgrade. After upgrading, you may no longer use the Reference RIP that formed the basis for your upgrade eligibility. You may use the resulting upgraded Reference RIP only in accordance with the terms of this EULA. 4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Reference RIP, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 5. NOT FOR DEVELOPMENT. You will not cause or permit the use of the Reference RIP (or any portion thereof), or the intellectual property contained therein, as the basis of the development of any computer software product, including, without limitation, a raster image processor. You may independently develop your own XPS based raster image processor, PROVIDED THAT, you do not use any of Global Graphics intellectual property contained in the Reference RIP itself. 6. RENTAL. You may not rent, lease or lend the Reference RIP. 7. TRADEMARKS. This EULA does not grant you any rights in connection with any trademarks or service marks of Global Graphics. 8. NOT FOR RESALE SOFTWARE. You may not resell, or otherwise transfer for value, the Reference RIP (or any portion thereof). If you wish to resell or distribute a commercial version of the Global Graphics XPS based raster image processor (in whole or in part) please contact Global Graphics directly as set forth in Section 21 below. 9 OUTPUT TO A PRINTING DEVICE You may not use the Reference RIP to output to a printing device other than for evaluation purposes as described in this EULA. 10 BENCHMARK TESTING You may not disclose the results of any benchmark tests of the Reference RIP to any third party without Global Graphics prior written approval. 11. U.S. GOVERNMENT LICENSE RIGHTS. All products provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Reference RIP provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. 12. EXPORT RESTRICTIONS. You acknowledge that the Reference RIP is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Reference RIP, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. 13. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Reference RIP that Global Graphics may provide to you or make available to you after the date you obtain your initial copy of the Reference RIP, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Global Graphics reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Reference RIP. 14. TERMINATION. Without prejudice to any other rights, Global Graphics may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Reference RIP and all of its component parts. 15. APPLICABLE LAW. If you acquired this Reference RIP in the United States, this EULA is governed by the laws of the Commonwealth of Massachusetts. If this Reference RIP was acquired outside the United States, the laws of England will apply. 16. INTELLECTUAL PROPERTY The Reference RIP is protected by copyright and other intellectual property laws and treaties. Global Graphics or its suppliers own the title, copyright, and other intellectual property rights in the Reference RIP. The Reference RIP is licensed, not sold. You shall not remove any copyright notices or proprietary legends of Global Graphics on the Reference RIP. 17. LIMITED WARRANTY. Global Graphics warrants that it has the right to license the use of the Reference RIP for evaluation purposes as set forth herein, otherwise the Reference RIP is provided "AS IS," without warranty of any kind. 18. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Global Graphics and its suppliers provide the Reference RIP and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Reference RIP, and the provision of or failure to provide support or other services, information, software, and related content through the Reference RIP or otherwise arising out of the use of the Reference RIP. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE REFERENCE RIP. 19. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GLOBAL GRAPHICS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE REFERENCE RIP, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE REFERENCE RIP OR OTHERWISE ARISING OUT OF THE USE OF THE REFERENCE RIP, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF GLOBAL GRAPHICS OR ANY SUPPLIER, AND EVEN IF GLOBAL GRAPHICS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 20. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Global Graphics and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the Reference RIP or U.S.$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 17, 18, and 19 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. 21. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Reference RIP) are the entire agreement between you and Global Graphics relating to the Reference RIP and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Reference RIP or any other subject matter covered by this EULA. To the extent the terms of any Global Graphics policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. 22. SALE INQUIRIES If you wish to distribute a commercial version of the Reference RIP (or any portion thereof) please contact Global Graphics at xpssales@globalgraphics.com

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