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Software License Agreement
CAREFULLY READ THE FOLLOWING TERMS AND
CONDITIONS BEFORE USING THIS PRINTER. USING THIS
PRINTER INDICATES YOUR ACCEPTANCE OF THESE TERMS
AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS
AND CONDITIONS, PROMPTLY RETURN THE PRINTER AND
ALL ACCOMPANYING HARDWARE AND WRITTEN MATERIALS
TO THE PLACE YOU OBTAINED THEM, AND YOUR MONEY
WILL BE REFUNDED.
Definitions.
“Software” shall mean the digitally encoded, machine-readable
data and program. The term “Software Product” includes the
Software resident in the printer and its documentation. The
Software Product is licensed (not sold) to you, and Compaq either
owns or licenses from other vendors who own, all copyright, trade
secret, patent and other proprietary rights in the Software Product.
License.
1. Authorized Use. You agree to accept a non-exclusive license
to use the Software resident in the printer solely for your own
customary business or personal purposes.
2. Restrictions.
a. To protect the proprietary rights of Compaq, you agree
to maintain the Software Product and other proprietary
information concerning the typefaces in strict
confidence.
b. You agree not to duplicate or copy the Software
Product.
c. You shall not sublicense, sell, lease, or otherwise
transfer all or any portion of the Software Product
separate from the printer, without the prior written
consent of Compaq.
d. You may not modify or prepare derivative works of the
Software Product.
e. You may not transmit the Software Product over a
network, by telephone, or electronically using any
means; or reverse engineer, decompile or disassemble
the Software.
f. You agree to keep confidential and use your best
efforts to prevent and protect the contents of the
Software Product from unauthorized disclosure or use.
3. Transfer. You may transfer the Software Product with the
printer, but only if the recipient agrees to accept the terms
and conditions of this Agreement. Your license is
automatically terminated if you transfer the Software Product
and printer.
Limited Software Product Warranty
Compaq warrants that for ninety (90) days after delivery, the
Software will perform in accordance with specifications published
by Compaq. Compaq does not warrant that the Software is free
from all bugs, errors and omissions.
Remedy
Your exclusive remedy and the sole liability of Compaq in
connection with the Software is replacement of defective software
with a copy of the same version and revision level.
Disclaimer of Warranties and Limitation of Remedies
1. THE PARTIES AGREE THAT ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE AND
MERCHANTABILITY ARE EXCLUDED.
Compaq does not warrant that the functions contained in the
Software will meet your requirements or that the operation of
the Software will be uninterrupted or error free.
Compaq reserves the right to make changes and/or
improvements in the Software without notice at any time.
2. IN NO EVENT WILL COMPAQ BE LIABLE FOR LOST
PROFITS, LOST DATA, BUSINESS INTERRUPTIONS, OR
ANY OTHER DIRECT, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE THIS PRODUCT, EVEN IF
COMPAQ HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR ANY DAMAGES CAUSED BY THE
ABUSE OR MANIPULATION OF THE SOFTWARE. SOME
STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
3. Compaq will not be liable for any loss or damage caused by
delay in furnishing a Software Product or any other
performance under this Agreement.
4. Our entire liability and your exclusive remedies for our liability
of any kind (including liability for negligence except liability for
personal injury caused solely by our negligence) for the
Software Product covered by this Agreement and all other
performance or nonperformance by us under or related to this
Agreement are limited to the remedies specified by this
Agreement.
5. California law governs this Agreement.
Termination of License Agreement
This License shall continue until terminated. This license may be
terminated by agreement between you and Compaq or by Compaq
If you fail to comply with the terms of this License and such failure
is not corrected within thirty (30) days after notice. When this
License is terminated, you shall return to the place you obtained
them, the printer and all copies of the Software and documentation.
U.S. Government Restricted Rights
Use, duplication or disclosure by the Government is subject to
restrictions as set forth in the Rights in Technical Data and
Computer Software clause at FAR 242.227-7013, subdivision (b)
(3) (ii) or subparagraph (c) (1) (ii), as appropriate. Further use,
duplication or disclosure is subject to restrictions applicable to
restricted rights software as set forth in FAR 52.227-19 (c) (2).
Acknowledgement of Terms and Conditions
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND
BY ITS TERMS AND CONDITIONS. NEITHER PARTY SHALL BE
BOUND BY ANY STATEMENT OR REPRESENTATION NOT
CONTAINED IN THIS AGREEMENT. NO CHANGE IN THIS
AGREEMENT IS EFFECTIVE UNLESS WRITTEN AND SIGNED
BY PROPERLY AUTHORIZED REPRESENTATIVES OF EACH
PARTY. BY USING THIS PRINTER, YOU AGREE TO ACCEPT
THE TERMS AND CONDITIONS OF THIS AGREEMENT.
READ THIS SOFTWARE LICENSE AGREEMENT BEFORE USING THIS PRINTER