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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 limited license to install, copy, use
and redistribute the Software, provided that the copyright notice
is reproduced in its entirety on the 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 rent, lease, encumber
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.
You also agree not to remove or alter any copyright and other
proprietary notices on any copies of the Software.
4. 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.
5. Limited Warranty. 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. IN NO EVENT SHALL
EPSON'S OR ITS SUPPLIERS' LIABILITY UNDER THIS AGREEMENT EXCEED
THE AMOUNT THAT EPSON RECEIVED FROM YOU UNDER THIS AGREEMENT. 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.
6. 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.
7. 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.
8. 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.
EPSON EULA 07/01/2001
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