EPSON GOBOARD END USER LICENSE AGREEMENT

1. Grant of License. Epson grants you a limited, non-exclusive license during the Term (as defined below) to download, install and use the Software for your personal and internal business use on hard drives or other computer storage devices, or in the case of a software application (also referred to as “Software”), on the smartphone, tablet, or other mobile device (collectively, “Device”) for use with an Epson projector device (“Hardware”), provided that the Software is used (a) on a Windows 10 (or later) PC; and (b) only in a single location (e.g., a school or office or place of business), or in the case of a mobile device, on a Device owned or otherwise controlled by you. You may allow other users connected to your network to use the Software, provided that you shall ensure that such users use the Software only in accordance with this Agreement. You agree to be responsible for and indemnify Epson for liabilities incurred as a consequence of use by such users. You may make backup copies of the Software, as necessary, provided the backup is only used to support your use of the Hardware. Upon expiration or termination of your license, you will no longer have full access to the Software and its features, including but not limited to its connectivity and interactive features, live chat, polling and casting, but you will still be able to use its basic, static functions such as use of existing lesson plans, previously existing files, and access to basic whiteboard tools.
2. License Term. The license term (“Term”) shall begin on the date the Software is registered with a valid license key (“License Effective Date”) and shall end on, as applicable, (i) the thirtieth (30th) day following the License Effective Date if you are enrolled for the thirty (30) day free trial; (ii) the twelve (12) month anniversary of the License Effective Date if you purchased the twelve (12) month license; (iii) the thirty-six (36) month anniversary of the License Effective Date if you purchased the thirty-six (36) month license; and (iv) the sixty (60) month anniversary of the License Effective Date if you purchased the sixty (60) month license.
3. Upgrades and Updates. If you acquire an upgrade, updated version, modified version, or additions to or for the Software from Epson, the upgrade, updated version, modified version, or addition, shall be included in the defined term Software and governed by this Agreement. You acknowledge that Epson has no obligation to provide you with any Updates (as defined below in this Section 3) to the Software. Epson may, however, from time to time, issue updated versions of the Software and the Software may automatically connect to Epson or third-party servers via the Internet to check for available updates to the Software, such as bug fixes, patches, upgrades, additional or enhanced functions, plug-ins and new versions (collectively, “Updates”) and may either (a) automatically electronically update the version of the Software that you are using on your personal device or (b) give you the option of manually downloading applicable Updates.
4. 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, lend the Software to third parties or incorporate the Software into a revenue generating product or service. You may, however, transfer all of your rights to use the Software to another person or legal entity, provided that the recipient also agrees to the terms of this Agreement and you transfer the Software, including all copies, updates and prior versions to such person or entity. 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.
5. Ownership; Use of the Software. Epson has the sole right to license the Software. The Software is protected by copyright, trademarks, database and other intellectual property rights. Except as set forth in this Agreement, no right, title or interest shall be transferred to you. You may use the Software only within the country in which you have established your account and only in geographic locations where we offer the Software. You agree to use the Software, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including without limitation requirements under any export laws and trade sanctions regulations that may be applicable to you. By accessing and using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country on any such export prohibition list. Except as expressly authorized in this Agreement, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, sub-license, rent, lease, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Software. You also agree not to circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in the Software; use any robot, spider, scraper or other automated means to access the Software; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Software; insert any code or product or manipulate the content of the Software in any way; or use any data mining, data gathering or extraction method in connection with the Software. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or Hardware or telecommunications equipment associated with the Software, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of the Software if you violate this Agreement or are engaged in illegal or fraudulent use of the Software. You are responsible for managing the Software keys, activations and renewals, as well as anyone who is responsible for acting on your behalf. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your licenses. We can terminate your licenses or place your license keys on hold in order to protect you, Epson or our partners from identity theft or other fraudulent or prohibited activity. Epson is not obligated to credit or discount a subscription for any such termination or holds placed on your account.
6. Multiple Versions of Software. You may receive or obtain the Software in more than one version (e.g. for different operating environments; two or more language translation versions; downloaded from an Epson server), however, regardless of the type or number of copies you receive, you still may use only the media or version appropriate for the license granted above.
7. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY.
   
   THE SOFTWARE AND ALL CONTENT ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SOFTWARE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. EPSON DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. EPSON SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF THE SOFTWARE AND APPLICATIONS.TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL EPSON, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY DAMAGES THAT RESULT FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SOFTWARE, INCLUDING WITHOUT LIMITATION FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND.
   
   SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION. NOTHING IN THIS AGREEMENT SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
8. Export Restriction. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any applicable trade sanctions, export laws, restrictions or regulations.
9. Entire Agreement. 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.
10. Binding Agreement; Assignees. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, assigns and legal representatives.
11. Severability; Modifications. If any provision herein is found void or unenforceable by a court of competent jurisdiction, 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.
12. Indemnification. You agree that you will indemnify and hold harmless, and upon Epson’s request, defend Epson and its directors, officers, shareholders, employees and agents from and against any and all losses, liabilities, damages, costs, expenses (including reasonable attorneys’ fees), actions, suits, and claims arising from (i) any breach of any of your obligations in this Agreement or (ii) any use of the Software. If Epson asks you to defend any such action, suit or claim, Epson will have the right, at its own expense, to participate in the defense thereof with counsel of its choice. You will not settle any third-party claims for which Epson is entitled to indemnification without the prior written approval of Epson.
13. Epson Termination of License. If Epson determines in its sole discretion that you have violated this Agreement, including without limitation the geographic restrictions set forth above, Epson reserves the right to terminate your license immediately. In the event a customer changes its address to a Restricted Use Country, Epson reserves the right to immediately suspend the license and terminate after thirty (30) days if the address change is either confirmed or not reverted by customer as a result of error. termination.
14. Changes to the Price. Epson reserves the right to change or update the pricing of its Software, including any renewal pricing. Any price changes will be effective immediately unless otherwise noted by Epson. No such pricing changes shall affect the price of any current license term already purchased.
15. Use of the Software; Capacity and Authority to Contract. You represent that you are of the legal age of majority in your jurisdiction of residence and have all necessary authority to enter into this Agreement, including, if applicable, due authorization by your employer to enter into this Agreement and permission from device owner to download the Software.
16. Third-party Websites. You may, through hypertext or other computer links from the Software, gain access to websites and use certain services that are not under the control of or operated by Epson, but rather are controlled by third parties. You acknowledge and agree that Epson is not responsible for such third-party sites or services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. These third-party websites/services are subject to different terms and conditions and when you access and use third-party websites/services, you will be legally bound by the terms and conditions of those websites/services. If there is a conflict between this Agreement and terms and conditions of third-party websites/services, the third-party websites’/services’ terms and conditions will govern with respect to your access and use of those websites/services. Although Epson may provide a link to a third-party website/service from the Software, such a link is not an authorization, endorsement, sponsorship or affiliation by Epson with respect to such website/services, its content, its owners or its providers. Epson has not tested any information, products or software found on such websites/services and therefore cannot make any representations whatsoever with respect thereto. You agree that Epson is not responsible for the content or operation of such websites/services, and it is up to you to take precautions to ensure that whatever you select is free of items such as viruses, worms, Trojan horses and other items of a destructive nature. You are solely responsible for determining the extent to which you may use any content at any other websites/services to which you link from this Software.
17. Downloadable Updates. You may also be able to download from an Epson Internet site updates or upgrades to the Software if such updates or upgrades are made available. If you agree to install the Software, any transmissions to or from the Internet, and data collection and use, will be in accordance with Epson’s then-current Privacy Policy, and by installing the Software you agree that such then-current Privacy Policy shall govern such activities.
18. Law & Jurisdiction. These terms are governed by the laws of the country in which you are located and the courts of that country shall have jurisdiction over any legal proceedings in respect of the App.