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