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OPTICFILM 8200I AI
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Plustek OPTICFILM 8200I AI — software License Agreement for Image Processing Software [15/28]

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SilverFast® Software License Agreement

Do not open the software package and do not use the SilverFast® software until you have read and agreed to the terms and conditions of this Software License

Agreement. If you do not agree with these terms and conditions, immediately return the unopened software sealed in its original packaging to LaserSoft Imaging AG.

SilverFast® is a software package comprising software and supporting documentation for a method of generating an image file for the subsequent production of color

separations or print files. This is a license and not a purchase agreement. LaserSoft Imaging AG has developed SilverFast® and is the owner of all rights in the software

and the copy thereof:

1. Copyright

(1) The licensee acknowledges that LaserSoft Imaging AG is the owner of the copyright in the software both with regard to the source and the object code.

(2) The documentation and the software are copyrighted. Unauthorized use, including the use of all visual and video material, gives rise to claims for compensatory

damages.

2. License

(1) LaserSoft Imaging AG grants the licensee an exclusive and non-transferable license to use the software object code of SilverFast and the supporting documentation

supplied for his or her own personal use. The term of the license is limited to the term of this Software License Agreement.

(2) With this license the licensee is authorized to use the licensed product on a single personal computer at a time. In order to use the licensed product on multiple

processors and/or at different places at the same time, several licenses are required.

(3) The licensee is not allowed to copy the software in whole or in part except for the purpose of making a backup copy for personal use. The same applies to the

documentation.

(4) The software contains confidential information. With this license the licensee may not alter, adjust, decompile, disassemble the software nor in any other way try

to find out the source code.

(5) The licensee may not rent, lease, sublicense or lend the software to third parties. Passing on of the software in any case requires the written approval of LaserSoft

Imaging AG. LaserSoft Imaging AG will grant approval provided (a) the licensee presents a written declaration of the new user in which the new user undertakes to

adhere to the license agreement concluded for the software and (b) the licensee does not retain any (backup) copies and warrants to LaserSoft Imaging AG in writing

that the licensee passed on original copies of the software to the third party and deleted all copies the licensee made.

(6) LaserSoft Imaging AG may include a licensee’s company name and logo for public relation and marketing for the purpose to name the licensee as a LaserSoft

Imaging AG customer.

3. Effective Date and Term of the License

(1) This license takes effect on the day the software package is opened. It remains in force until the day LaserSoft Imaging AG or the licensee terminates the License

Agreement.

(2) This License Agreement may be terminated as follows:

(a) LaserSoft Imaging AG may terminate this license upon written notice to the licensee if the licensee is in breach of this Agreement or parts thereof.

(b) The licensee may terminate this license upon written notice to LaserSoft Imaging AG under the terms and conditions of No. 4, if he/she returns the opened software

package to LaserSoft Imaging AG and deletes the copy on his/her PC and the copy he/she may have made for backup purposes.

4. Warranty

(1) The software is provided “as is“. LaserSoft Imaging AG does not warrant – neither expressly nor implied – the usability of the software for a particular purpose nor

that the software meets the licensee’s requirements. Although every development effort has been made to eliminate errors, LaserSoft Imaging AG does not warrant

that the software is free of defects.

(2) The licensee shall examine the software for visible, major defects within 14 days. These defects must be notified to LaserSoft Imaging AG in writing. Hidden defects

are to be notified in the same manner upon detection. Otherwise software and supporting documentation are deemed to be approved without reserve.

(3) In the event of major defects LaserSoft Imaging AG may at its discretion either deliver a new version to the licensee (replacement delivery) or rectify the defect

within a reasonable period of time (rectification of defects). If LaserSoft Imaging AG does not succeed to allow contractual use of the software within this given period,

the licensee has the option to request reduction of the price or to cancel the contract.

(4) Upon assertion of warranty claims the licensee is obliged to return the software together with the notice of receipt at the charge of LaserSoft Imaging AG.

5. Limitation of Liability

(1) LaserSoft Imaging AG assumes full liability for intent or gross negligence, for personal injury or death, under the stipulations of the German Product Liability Act

(Produkthaftungsgesetz) as well as within the framework of a warranty granted by LaserSoft Imaging AG.

(2) In the event of a slightly negligent breach of an obligation which is essential in order to fulfill the contractual purpose (cardinal obligation) the liability of LaserSoft

Imaging AG shall be limited to the amount of the damage foreseeable and typical for the kind of transaction in question.

(3) Any liability of LaserSoft Imaging AG beyond that is excluded. In particular LaserSoft Imaging AG shall not be liable for any initial defects provided the conditions

of part 1 and 2 are not met.

(4) The limitation of liability stated above also applies to the personal liability of employees, representatives and bodies of LaserSoft Imaging AG.

6. Trademarks

SilverFast and other trademarks (including those of other companies) mentioned in the documentation are (registered) trademarks of LaserSoft Imaging AG or their

respective owners. The use of these names, trademarks, logos, documentation, screenshots etc. requires approval by LaserSoft Imaging AG and/or the respective

owners of the trademarks. Unauthorized use gives rise to claims for compensatory damages.

7. Ineffective Provisions

Should individual provisions of this Agreement, for any reason, be or become ineffective, or should a gap arise that needs to be filled, this shall not affect the remain-

ing provisions of the Agreement. A provision that is closest in the scope of the legal possibilities of what the parties originally intended shall replace the ineffective

provision or shall fill the gap, if necessary also retrospectively.

8. Amendments

Amendments to this Agreement shall be made in writing.

9. Applicable Law

This Agreement is governed by German law. Application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is hereby expressively

excluded.

1996-2011 Copyright LaserSoft Imaging AG • Luisenweg 6-8 • 24105 Kiel • Germany