Terms of Use

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 attorneysâ€™ 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 Site

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 â€œSoftware License Agreementâ€) 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.

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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 â€œCommunicationsâ€) 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 userâ€™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.

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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 â€œContentâ€). 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.

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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 EFIâ€™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 exclusive 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 product, information or services, you represent and warrant that you are not a national of any country to which the United States embargoes goods, nor are you identified on any of the denial lists as itemized in the following link.

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.

These terms have been drafted in the English language and any translation is furnished solely for your convenience. The original English text will be binding and shall control and prevail in case of any variance between the English version and any translation.

Effective Date: September 16, 2005