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3. DISTRIBUTION If you choose to distribute the Software, you do so with the understanding that
you agree to defend, indemnify and hold harmless Adobe against any losses, damages or costs
arising from any claims, lawsuits or other legal actions arising out of such distribution, including
without limitation, your failure to comply with this Section 3. If you distribute the Software on a
standalone basis, you will do so under the terms of this Agreement or your own license agreement
which (a) complies with the terms and conditions of this Agreement; (b) effectively disclaims all
warranties and conditions, express or implied, on behalf of Adobe; (c) effectively excludes all
liability for damages on behalf of Adobe; (d) states that any provisions that differ from this
Agreement are offered by you alone and not Adobe and (e) states that the Software is available
from you or Adobe and informs licensees how to obtain it in a reasonable manner on or through a
medium customarily used for software exchange. Any distributed Software will include the Adobe
copyright notices as included in the Software provided to you by Adobe.
4. DISCLAIMER OF WARRANTY Adobe licenses the Software to you on an "AS IS" basis. Adobe
makes no representation as to the adequacy of the Software for any particular purpose or to
produce any particular result. Adobe shall not be liable for loss or damage arising out of this
Agreement or from the distribution or use of the Software or any other materials. ADOBE AND
ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS
YOU MAY OBTAIN BY USING THE SOFTWARE, EXCEPT FOR ANY WARRANTY,
CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME
CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN
YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES,
CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY
STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER
MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY
PARTICULAR PURPOSE. YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION. The provisions of Sections 4, 5 and 6 shall survive the
termination of this Agreement, howsoever caused, but this shall not imply or create any continued
right to use the Software after termination of this Agreement.
AcuLaser C3900
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