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5. Remedy. Licensee’s entire and exclusive liability and remedy under this warranty shall be
limited to, at Epson’s option, either the replacement of the Software or a refund of the license
fee paid by Licensee for the Software. This Limited Warranty is void if failure of the Software
resulted from accident, abuse, or misapplication.
6. Limitation of Liability. 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, EVEN IF EPSON OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
7. U.S. Government Restricted Rights. The Software and Documentation are provided with
RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to
restrictions set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer
Software clause at DFAR25.27-7013 or subparagraph (c)(1) and (2) of the Commercial
Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable, and any
amendments thereto.
8. Export Restriction. Licensee agrees that the Software and Documentation will not be
shipped, transferred or exported into any country or used in any manner prohibited by the
United States Export Administration Act or any other export laws, restrictions or regulations.
9. Governing Law and General Provisions. This Agreement shall be governed and construed
under by the laws in the State of California without regard to its conflicts of law rules. 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 Documentation 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.
Without prejudice to any other rights Epson has, this Agreement shall automatically
terminate upon failure by Licensee to comply with its terms.
Should Licensee have any questions concerning this Agreement, kindly write:
Epson America, Inc., Legal Affairs Department, 3840 Kilroy Airport Way, Long Beach,
CA 90806-2469 USA.
Starthere.book Page 18 Tuesday, March 18, 2003 5:09 PM