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SEIKO EPSON CORPORATION
SOFTWARE LICENSE AGREEMENT
IMPORTANT! READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY. The
computer software product, fontware, typefaces and/or data, including
any accompanying explanatory written materials (the "Software") should
only be installed or used by the Licensee ("you") on the condition you
agree with SEIKO EPSON CORPORATION ("EPSON") to the terms and
conditions set forth in this Agreement. By installing or using the
Software, you are representing to agree all the terms and conditions
set forth in this Agreement. You should read this Agreement carefully
before installing or using the Software. If you do not agree with the
terms and conditions of this Agreement, you are not permitted to
install or use the Software.
1. License. EPSON and its suppliers grant you a personal,
nonexclusive, royalty-free, non-sublicensable limited license to
install and use the Software solely for the purpose of using EPSON
printer products ("Purpose") on any single computer or computers
that you intend to use directly or via network. You may allow other
users of the computers connected to the network to use the Software,
provided that you (a) ensure that all such users agree and are bound
by the terms and conditions of this Agreement, (b) ensure that all
such users use the Software only in conjunction with the computers and
in relation to the network of which they form part, and (c) indemnify
and keep whole EPSON and its suppliers against all damages, losses,
costs, expenses and liabilities which EPSON or its suppliers may incur
as a consequence of such users failing to observe and perform the
terms and conditions of this Agreement. You may also make copies of
the Software as necessary for backup and archival purposes, provided
that the copyright notice is reproduced in its entirety on the backup
copy. The term "Software" shall include the software components,
media, all copies made by you and any upgrades, modified versions,
updates, additions and copies of the Software licensed to you by EPSON
or its suppliers. EPSON and its suppliers reserve all rights not
granted herein.
2. Other Rights and Limitations. You agree not to modify, adapt or
translate the Software. You also agree not to attempt to reverse
engineer, decompile, disassemble or otherwise attempt to discover the
source code of the Software. You may not use the Software for any
purposes other than the Purpose. You may not share, rent, lease,
encumber, sublicense or lend the Software. You may, however, transfer
all your rights to use the Software to another person or legal entity
provided that you transfer this Agreement, the Software, including all
copies, updates and prior versions, to such person or entity, and that
you retain no copies, including copies stored on a computer. Some
states or jurisdictions, however, do not allow the restriction or
limitation on transfer of the Software, so the above limitations may
not apply to you.
3. Ownership. Title, ownership rights, and intellectual property
rights in and to the Software and any copies thereof shall remain with
EPSON or its suppliers. There is no transfer to you of any title to
or ownership of the Software and this License shall not be construed
as a sale of any rights in the Software. The Software is protected by
Japanese Copyright Law and international copyright treaties, as well
as other intellectual property laws and treaties. Except as otherwise
provided in this Agreement, you may not copy the Software. You also
agree not to remove or alter any copyright and other proprietary
notices on any copies of the Software.
4. LGPL. The Software uses the open source software programs which
apply the GNU Lesser General Public License Version 2 or later version
("LGPL"). Notwithstanding any provision of this Agreement, you may
make modification of the Software for your own use and reverse
engineering for debugging such modifications according to the terms
and conditions of the LGPL.
5. Protection and Security. You agree to use your best efforts and
take all reasonable steps to safeguard the Software to ensure that no
unauthorized person has access to them and that no unauthorized copy,
publication, disclosure or distribution of any of the Software is
made. You acknowledge that the Software contains valuable,
confidential information and trade secrets, that unauthorized use and
copying are harmful to EPSON and its suppliers, and that you have a
confidentiality obligation as to such valuable information and trade
secrets.
6. Limited Warranty. In case of that you obtained the Software by
media from EPSON or a dealer, EPSON warrants that the media on which
the Software is recorded will be free from defects in workmanship and
materials under normal use for a period of 90 days from the date of
delivery to you. If the media is returned to EPSON or the dealer from
which the media was obtained within 90 days of the date of delivery to
you, and if EPSON determines the media to be defective and provided
the media was not subject to misuse, abuse, misapplication or use in
defective equipment, EPSON will replace the media, upon your return to
EPSON of the Software, including all copies of any portions thereof.
ALL IMPLIED WARRANTIES ON THE MEDIA, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO
THE DURATION OF THE EXPRESS WARRANTY SET FORTH ABOVE.
You acknowledge and agree that the use of the Software is at
your sole risk. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT
ANY WARRANTY OF ANY KIND. EPSON AND ITS SUPPLIERS DO NOT AND
CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY
USING THE SOFTWARE. THE FOREGOING STATES THE SOLE AND
EXCLUSIVE REMEDIES FOR EPSON'S AND ITS SUPPLIERS' BREACH OF
WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, EPSON
AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS
TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE. Some states or jurisdictions do not allow
the exclusion of implied warranties or limitations on how long
an implied warranty may last, so the above limitations may not
apply to you. This warranty gives you specific legal rights.
You may have other rights which vary from state to state or
jurisdiction to jurisdiction.
IN NO EVENT WILL EPSON OR ITS SUPPLIERS BE LIABLE TO YOU,
WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, BREACH OR WARRANTY, MISREPRESENTATION OR
OTHERWISE, FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR
SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS,
EVEN IF EPSON, ITS SUPPLIERS OR ANY REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM
BY ANY THIRD PARTY. Some states or jurisdictions, however, do
not allow the exclusion or limitation of incidental,
consequential or special damages, so the above limitations may
not apply to you.
7. Termination. Without prejudice to any other rights EPSON has, this
Agreement shall automatically terminate upon failure by you to comply
with its terms. You may also terminate this Agreement at any time by
uninstalling and destroying the Software and all copies thereof.
8. Export Restriction. You agree not to transfer, export or re-export
the Software and any data or information which you obtained from EPSON
or use the Software without a proper license under Japanese law,
restrictions and regulations, or the laws of the jurisdiction in which
the Software is obtained.
9. Governing Law and General Provisions. This Agreement shall be
governed and construed under by the laws of Japan without regard to
its conflicts of law rules. This Agreement is the entire agreement
between the parties with respect to the Software, and supersedes any
purchase order, communication, advertisement, or representation
concerning the Software. This Agreement shall be binding upon, and
inure to the benefit of, the parties hereto and their respective
successors, assigns and legal representatives. If any provision
herein is found void or unenforceable, it will not affect the validity
of the balance of the Agreement, which shall remain valid and
enforceable according to its terms. This Agreement may only be
modified in writing signed by an authorized officer of EPSON.
10. U.S. Government End Users. If you are acquiring the Software on
behalf of any unit or agency of the United States Government, the
following provisions apply. The Government agrees: (i) if the
Software is supplied to the Department of Defense (DoD), the Software
is classified as "Commercial Computer Software" and the Government is
acquiring only "restricted rights" in the Software and its
documentation as that term is defined in Clause 252.227-7013(c)(1) of
the DFARS; and (ii) if the Software is supplied to any unit or agency
of the United States Government other than DoD, the Government's
rights in the Software and its documentation will be as defined in
Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause
18-52.227-86(d) of the NASA supplement to the FAR.
11. Internet Connection. The Software may have the ability to connect
over the Internet to transmit data and/or information to and from your
computer regarding the EPSON hardware and/or software that you use
("EPSON Products") including, but not limited to, EPSON Products model
information, the country/region where you live, the condition of EPSON
Products, etc. EPSON may alter the items of such data and/or
information without your prior approval. EPSON does not collect any
personally identifiable information without your permission. EPSON
may, however, use non personally identifiable information for
statistical purposes to improve the level of service we provide to our
users If you agree to install the Software, any transmissions to or
from the Internet will be in accordance with EPSON's then-current
Privacy Policy provided in EPSON Internet site.