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12-8
LIMITATIONS OF REMEDIES
Kodak’s entire liability and your exclusive remedy shall be:
1 the replacement of any CD not meeting Kodak’s “Limited Warranty” that is returned to
Kodak or your dealer with a copy of your receipt, or
2 if Kodak or the dealer is unable to deliver a replacement CD that is free of defects in
materials or workmanship, you may terminate this Agreement by returning the
software.
IN NO EVENT WILL KODAK BE LIABLE TO YOU FOR ANY DAMAGES,
INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE SOFTWARE EVEN IF KODAK OR YOUR DEALER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR
ANY CLAIM BY ANY OTHER PARTY.
Some states do not allow the limitation or exclusion of liability for incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
This Agreement will be governed by the laws of the State of New York.
Should you have any questions concerning this Agreement, you may contact Kodak at:
United States:1-800-23-KODAK (1-800-235-6325).
Canada:1-800-GO-KODAK (1-800-465-6325).
Other countries: all your nearest Kodak representative.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SOFTWARE LICENSE
AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS
AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE
AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US,
WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR
WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING
TO THE SUBJECT MATTER OF THIS SOFTWARE LICENSE AGREEMENT.