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121 lines
6.8 KiB
121 lines
6.8 KiB
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 limited license to install, copy, use
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and redistribute the Software, provided that the copyright notice
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is reproduced in its entirety on the copy. The term "Software"
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shall include the software components, media, all copies made by
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you and any upgrades, modified versions, updates, additions and
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copies of the Software licensed to you by EPSON or its suppliers.
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EPSON and its suppliers reserve all rights not 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
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the source code of the Software. You may not rent, lease, encumber
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or lend the Software. You may, however, transfer all your rights
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to use the Software to another person or legal entity provided that
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you transfer this Agreement, the Software, including all copies,
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updates and prior versions, to such person or entity, and that you
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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
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may 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
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with EPSON or its suppliers. There is no transfer to you of any
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title to or ownership of the Software and this License shall not be
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construed as a sale of any rights in the Software. The Software is
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protected by Japanese Copyright Law and international copyright
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treaties, as well as other intellectual property laws and treaties.
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You also agree not to remove or alter any copyright and other
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proprietary notices on any copies of the Software.
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4. 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
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no unauthorized person has access to them and that no unauthorized
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copy, publication, disclosure or distribution of any of the
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Software is made. You acknowledge that the Software contains
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valuable, confidential information and trade secrets, that
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unauthorized use and copying are harmful to EPSON and its
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suppliers, and that you have a confidentiality obligation as to
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such valuable information and trade secrets.
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5. Limited Warranty. You acknowledge and agree that the use of the
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Software is at your sole risk. THE SOFTWARE IS PROVIDED "AS IS"
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AND WITHOUT ANY WARRANTY OF ANY KIND. EPSON AND ITS SUPPLIERS DO
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NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY
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USING THE SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE
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REMEDIES FOR EPSON'S AND ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT
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FOR THE FOREGOING LIMITED WARRANTY, EPSON AND ITS SUPPLIERS MAKE NO
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WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT,
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MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Some states
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or jurisdictions do not allow the exclusion of implied warranties
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or limitations on how long an implied warranty may last, so the
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above limitations may not apply to you. This warranty gives you
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specific legal rights. You may have other rights which vary from
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state to state or jurisdiction to jurisdiction.
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IN NO EVENT WILL EPSON OR ITS SUPPLIERS BE LIABLE TO YOU, WHETHER
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ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
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LIABILITY, BREACH OR WARRANTY, MISREPRESENTATION OR OTHERWISE, FOR
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ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING
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ANY LOST PROFITS OR LOST SAVINGS, EVEN IF EPSON, ITS SUPPLIERS OR
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ANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
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DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN NO EVENT SHALL
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EPSON'S OR ITS SUPPLIERS' LIABILITY UNDER THIS AGREEMENT EXCEED
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THE AMOUNT THAT EPSON RECEIVED FROM YOU UNDER THIS AGREEMENT. Some
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states or jurisdictions, however, do not allow the exclusion or
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limitation of incidental, consequential or special damages, so the
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above limitations may not apply to you.
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6. Termination. Without prejudice to any other rights EPSON has, this
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Agreement shall automatically terminate upon failure by you to
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comply with its terms. You may also terminate this Agreement at
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any time by uninstalling and destroying the Software and all copies
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thereof.
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7. 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
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any 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
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validity of the balance of the Agreement, which shall remain valid
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and 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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8. 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
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Software is classified as "Commercial Computer Software" and the
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Government is acquiring only "restricted rights" in the Software
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and its documentation as that term is defined in Clause
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252.227-7013(c)(1) of the DFARS; and (ii) if the Software is
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supplied to any unit or agency of the United States Government
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other than DoD, the Government's rights in the Software and its
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documentation will be as defined in Clause 52.227-19(c)(2) of the
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FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA
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Supplement to the FAR.
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EPSON EULA 07/01/2001
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