This data is used by Xerox or a designated servicer to support and service the Equipment, or for Xerox billing, supplies replenishment or product improvement purposes.When used in this agreement the term Xerox shall mean Xerox Corporation, its operating companies, subsidiaries and affiliates.
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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, and all intellectual property rights in, Software will reside solely with Xerox andor its licensors (who will be considered third-party beneficiaries of this Agreement with rights of enforcement. Xerox Phaser 3140 And 3155 Code Developed ByThe Software may include code developed by one or more third parties. Xerox Phaser 3140 And 3155 Download Or OnSome third party materials included in Software may be subject to other terms and conditions found in a ReadMe file accessible with the Software as a download or on media on which the Software may be delivered. If the third party terms and conditions include licenses that provide for the availability of source code (such as the GNU General Public License), the ReadMe file contains the source code or provides instructions where a copy of such source code can be obtained. Xerox sole obligation under the warranty stated herein shall be, at its election and discretion, (a) to replace the media with new media which complies with such warranty or (b) provide an alternate delivery method for the Software. Such disabling code may be activated (a) if Xerox is denied access to the Software andor the system as provided herein, (b) you otherwise breach any term of this Agreement, or (c) such license is terminated or expires. Xerox is not responsible for any non-Xerox litigation expenses or settlements unless Xerox agrees to them in writing. 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. Xerox obligations under this section are further conditioned on you immediately removing and ceasing use of the Software in the event that Xerox requests that you remove the Software andor provides a replacement. Xerox Phaser 3140 And 3155 Software Or SuppliesXerox 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 being used in combination with equipment, software or supplies not provided by Xerox. 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 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 by you. You agree to meet all requirements necessary to ensure that the Federal Government will honor such rights. Disclosure, use or reproduction of the Software and accompanying documentation are subject to restrictions set forth in the Commercial Computer-Restricted Rights clause at Federal Acquisition Regulation 52.227-19, when applicable, or in the Department of Defense Federal Acquisition Regulations Supplement 252.227-7013. 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. All of the rights of either party under this Agreement will be cumulative and may be exercised separately or concurrently. ![]() ![]() Equipment may be supported and serviced using data that is automatically collected by Xerox from Equipment via electronic transmission from the Equipment to a secure off-site location.
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