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 on any single computer or computers solely for use with EPSON products 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 share, rent, lease, encumber, sublicense or lend the Software.
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. 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. 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.
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. Export Restriction. You agree not to transfer, export or re-export the Software including copies and translations thereof and any data or information which you obtained from EPSON or use the Software without a proper license under Japanese law, including, but not limited to Foreign Exchange and Foreign Trade Act, restrictions and regulations. Software may contain technology that is subject to export control laws and regulations of the United States, including but not limited to the Export Administration Regulations and the embargo and sanctions regimes of the U.S. Department of Commerce. As such, Software may not be exported or re-exported to persons and entities prohibited by such laws and regulations and Software shall not be also downloaded from such prohibited areas by such laws.
8. 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.
9. 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 EN 05/01/2008