8.5

INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT
NOT LIMITED TO, ANY LOST PROFITS, LOST TIME, LOST SAVINGS, LOST DATA, LOST
FEES, OR EXPENSES OF ANY KIND ARISING FROM INSTALLATION OR USE OF THE
QUARK PRODUCTS/SERVICES, IN ANY MANNER, HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY. IF, NOTWITHSTANDING THE FOREGOING, QUARK, THE QUARK
AFFILIATED COMPANIES AND/OR THEIR LICENSORS ARE FOUND TO HAVE LIABILITY
RELATING TO THE QUARK PRODUCTS/SERVICES OR THIRD PARTY PRODUCTS/SERVICES,
SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY THE USER TO QUARK
FOR THE SOFTWARE/SERVICES AT ISSUE (EXCLUDING THIRD PARTY
PRODUCTS/SERVICES), IF ANY, OR THE LOWEST AMOUNT UNDER APPLICABLE LAW,
WHICHEVER IS LESS. THESE LIMITATIONS WILL APPLY EVEN IF QUARK, THE QUARK
AFFILIATED COMPANIES, THEIR LICENSORS AND/OR THEIR AGENTS HAVE BEEN
ADVISED OF SUCH POSSIBLE DAMAGES. SOME JURISDICTIONS, STATES OR PROVINCES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY.
ALL OTHER LIMITATIONS PROVIDED UNDER APPLICABLE LAW, INCLUDING STATUTES
OF LIMITATION, SHALL CONTINUE TO APPLY.IN THE EVENT ANY OF THESE PROVISIONS
ARE OR BECOME UNENFORCEABLE UNDER APPLICABLE LAW, SUCH PROVISION SHALL
BE MODIFIED OR LIMITED IN ITS EFFECT TO THE EXTENT NECESSARY TO CAUSE IT
TO BE ENFORCEABLE.USE OF THE QUARK PRODUCTS IS SUBJECT TO THE TERMS OF
THE END USER LICENSE AGREEMENT OR OTHER APPLICABLE AGREEMENTS FOR SUCH
PRODUCT/SERVICE. IN THE EVENT OF A CONFLICT BETWEEN SUCH AGREEMENTS
AND THESE PROVISIONS THE RELEVANT AGREEMENTS SHALL CONTROL.
Quark, the Quark logo, QuarkXPress, XTensions, QuarkCopyDesk, and Job Jackets are
trademarks or registered trademarks of Quark Inc. and its affiliates in the U.S. and/or other
countries.
OpenType and Windows are registered trademarks of Microsoft Corporation in the United
States and/or other countries.
Mac OS is a trademark of Apple, Inc. registered in the U.S. and other countries.
PostScript is a registered trademark of Adobe Systems Incorporated in the United States
and/or other countries.
Java and all Java based marks are trademarks or registered trademarks of Sun Microsystems,
Inc. in the United States and other countries.
PANTONE® Colors displayed in the software application or in the user documentation
may not match PANTONE-identified standards. Consult current PANTONE Color
Publications for accurate color. PANTONE® and other Pantone, Inc. trademarks are the
property of Pantone, Inc. ©Pantone, Inc., 2008.
Color Data is produced under license from Dainippon Ink and Chemicals, Inc.
FOCOLTONE and FOCOLTONE Colour System are registered trademarks of FOCOLTONE.
The concept, structure, and form of FOCOLTONE material and intellectual property are
protected by patent and copyright law. Any reproduction in any form, in whole or in part,
A GUIDE TO QUARKXPRESS SERVER 8.5 | 117
LEGAL NOTICES