| 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 |