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End User Software License Agreement
PLEASE SIGN AND RETURN ANY ACCOMPANYING REGISTRATION FORM TO RECEIVE REGISTRATION
BENEFITS
NOTICE TO USER: BY OPENING THE PACKAGE, INSTALLING, COPYING OR OTHERWISE USING THE
ENCLOSED SOFTWARE, ALL OF THE TERMS AND CONDITIONS OF THIS CONTRACT ARE DEEMED
ACCEPTED. The enclosed software product (the “Software”), contained on a CD-ROM or other media provided by Epson
America, Inc. (“Epson”) or its suppliers, is for use only with the Epson brand computer peripheral product (the “Epson
Hardware”) that is bundled with the Software. The person or entity which owns or possesses the Epson Hardware and the
Software is the “Licensee” hereunder. THE LICENSEE MUST AGREE TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT BEFORE THE SOFTWARE IS INSTALLED. If you agree on behalf of the Licensee, you must be acting on
the authority of Licensee. If the Licensee does not agree to the terms and conditions of this Agreement, Licensee must return the
Software, along with the Epson Hardware in its packaging with all of its contents, to Epson or to the place of purchase for a full
refund.
1. Grant of License. Epson grants Licensee a nonexclusive license to install and use the Software, and the explanatory written
materials which accompany the Software (the “Documentation”), on Licensee's computers having a local or remote connection
to the Epson Hardware. Licensee may also make copies of the Software as is necessary for backup and archival purpose. The term
Software shall include the software components, media, all copies made by Licensee and any upgrades, modified versions,
updates, additions and copies of the Software licensed to Licensee by Epson or its suppliers.
2. Other Rights and Limitations. Licensee shall not modify, adapt or translate the Software. Licensee also agrees not to attempt
to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
Licensee shall not rent, lease, distribute or lend the Software or Documentation to third parties. Because Licensee's rights in the
Software and Documentation are tied to the Epson Hardware, Licensee's rights in the Software and Documentation may only be
transferred in conjunction with the transfer of rights in the Epson Hardware, provided the recipient also agrees to the terms of
this Agreement. In the event of any transfer, Licensee must transfer this Agreement, the Epson Hardware, the Software, and
Documentation, and Licensee must not retain any copies, including copies stored on any computer.
3. Ownership. Title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain
with Epson or its suppliers. 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 Licensee 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. Licensee agrees not to remove or alter any copyright
notices on all copies of the Software and Documentation.
4. Limited Warranty. Epson warrants to Licensee that the Software will perform substantially in accordance with the
Documentation for the ninety (90) day period following the date of original purchase. EPSON DISCLAIMS ALL OTHER
WARRANTIES. EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF
NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE STATED
LIMITED WARRANTIES ARE IN LIEU OF ALL LIABILITIES OR OBLIGATIONS FOR DAMAGES ARISING OUT
OF OR RELATED TO THIS AGREEMENT OR THE DELIVERY, USE, OR PERFORMANCE OF THE SOFTWARE.
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.
Start.book Page 50 Tuesday, October 3, 2000 5:14 PM