END USER SOFTWARE LICENSE AGREEMENT
NOTICE TO USER: This is a legal agreement between you (an individual or entity, referred to hereinafter as “you”) and Epson America, Inc. (“Epson”) for the enclosed software programs, including any related documentation, (collectively referred to hereinafter as the “Software”). The Software is provided by Epson for use only with the corresponding Epson brand printer (the “Epson Hardware”). BEFORE DOWNLOADING OR USING THE SOFTWARE, YOU NEED TO REVIEW AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you agree, click on the AGREE button below. If you do not agree with the terms and conditions of this Agreement, click on the DISAGREE button and do use the software.
1. Safe use of the Software. Epson recommends service at an authorized service center for ink pad replacement or purchase of a replacement printer through an on-line or retail outlet. User acknowledges that this software is provided without cost and intended for resetting the ink pad counters on Epson printers only after replacement of the ink pads. Use of the software without replacing the ink pads and operation of the printer with a full ink pad can result in internal ink leaks that can cause electrical shorts and ink spills outside the printer. User acknowledges that printers are not designed for user replacement of ink pads and that ink pad replacement requires special training to open the printer and service the ink maintenance system. User accepts all risks of using this software and agrees not to hold Epson responsible for any use of this software to reset the ink pad counter or operation of Epson printers after a maintenance needed message without seeking professional service by an Epson Authorized Service Center.
2. Grant of License. Epson grants you a limited, nonexclusive license for a single use of the software only in connection with Epson Hardware owned by you.
3. Other Rights and Limitations. You agree not to modify, adapt or translate the Software and further 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, distribute or lend the Software to third parties. The Software is licensed as a single unit, and its component programs may not be separated for some other use. Further, you agree not to place the Software onto or into a shared environment accessible via a public network such as the Internet or otherwise accessible by others outside the single location referred to in Section 1 above.
4. Ownership. Title, ownership rights, and intellectual property rights in and to the Software shall remain with Epson. The Software is protected by United States Copyright Law and international copyright treaties, as well as other intellectual property laws and treaties. 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. You agree not to remove or alter any copyright, trademark, registered mark and other proprietary notices on any copies of the Software. Epson and its suppliers reserve all rights not granted.
5. Limited Warranty and Remedy. Epson does not warrant that the operation of the Software will be uninterrupted or error free or that the functions of the Software will meet your needs or requirements. Epson’s sole and exclusive liability and your exclusive remedy for breach of warranty shall be limited to the replacement cost of an Epson pad for your printer for installation at an Epson Authorized Service Center at user’s expense. Epson is not liable for performance delays or for non-performance due to causes beyond its reasonable control. This Limited Warranty is void if failure of the Software resulted from accident, abuse, or misapplication. THE STATED LIMITED WARRANTIES AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS. EPSON DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES OR JURISDICTIONS, HOWEVER, DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, AND IN SUCH STATES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EPSON OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, whether arising under contract, tort (including negligence), strict liability, breach of warranty, misrepresentation, or otherwise, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OR ARISING OUT OF THIS AGREEMENT, EVEN IF EPSON OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TRANSACTIONS, AND IN SUCH STATES, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY.
7. Governing Law and General Provisions. This Agreement shall be governed and construed under the laws in the State of California without regard to its conflicts of law rules. Any suit brought with respect to this Agreement may only be brought in Los Angeles, California and must be filed no later than one year after the date the Software is first acquired. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. This Agreement is the entire agreement between the parties related 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 representative of Epson. Without prejudice to any other rights Epson has, your license rights under Section 1 above and your warranty rights under Section 7 above, shall automatically terminate upon failure by you to comply with its terms. Upon termination of such rights, you agree that the Software, and all copies thereof, will be immediately destroyed.
8. Capacity and Authority to Contract. You represent that you are of the legal age of majority in your state of residence and, if applicable, you are duly authorized by your employer to enter into this Agreement.
Should you have any questions concerning this Agreement, kindly write to: Epson America, Inc., Customer Relations Department, 3131 Katella Ave., Los Alamitos, CA 90720, USA.
EPSON is a registered trademark of Seiko Epson Corporation.
