Software License Agreement
CAREFULLY
READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRINTER. USING THIS PRINTER INDICA
TES YOUR
ACCEPTANCE
OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE T
O THESE TERMS AND CONDITIONS, PROMPTL
Y RETURN THE
PRINTER AND ALL ACCOMP
ANYING HARDW
ARE AND WRITTEN MA
TERIALS T
O THE PLACE YOU OBT
AINED 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 resi
-
dent in the printer and its documentation. The Software Product is licensed (not sold) to you, and Printronix, Inc. 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. Y
ou 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. T
o protect the proprietary rights of Printronix, Inc., you agree to maintain the Software Product and other proprietary information concerning
the typefaces in strict confidence.
b. Y
ou agree not to duplicate or copy the Software Product.
Y
ou 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 Printronix, Inc.
Y
ou may not modify or prepare derivative works of the Software Product.
Y
ou may not transmit the Software Product over a network, by telephone, or electronically using any means; or reverse engineer
, decompile
or disassemble the Software.
Y
ou 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 Agree
-
ment. Y
our license is automatically terminated if you transfer the Software Product and printer
.
Limited Software Product W
arranty
Printronix, Inc. warrants that for ninety (90) days after delivery
, the Software will perform in accordance with specifications published by Printronix, Inc.
Printronix, Inc. does not warrant that the Software is free from all bugs, errors and omissions.
Remedy
Y
our exclusive remedy and the sole liability of Printronix, Inc. in connection with the Software is replacement of defective software with a copy of the
same version and revision level.
Disclaimer of W
arranties and Limitation of Remedies
1.
THE P
AR
TIES AGREE THA
T ALL OTHER W
ARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A P
ARTICU-
LAR PURPOSE AND MERCHANT
ABILITY ARE EXCLUDED.
Printronix, Inc. 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.
Printronix, Inc. reserves the right to make changes and/or improvements in the Software without notice at any time.
2.
IN NO EVENT WILL Printronix, INC. BE LIABLE FOR LOST PROFITS, LOST DA
T
A, BUSINESS INTERRUPTIONS, OR ANY OTHER DIRECT
,
INDIRECT
, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY T
O USE THIS PRODUCT
, EVEN IF
Printronix, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY DAMAGES CAUSED BY THE ABUSE OR MA
-
NIPULA
TION OF THE SOFTW
ARE. SOME ST
A
TES DO NOT ALLOW THE EXCLUSION OR LIMIT
A
TION OF LIABILITY FOR CONSEQUEN
-
TIAL OR INCIDENT
AL DAMAGES, SO THE ABOVE LIMIT
A
TION MA
Y NOT APPL
Y T
O YOU.
3.
Printronix, Inc. 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.
T
ermination of License Agreement
This License shall continue until terminated. This license may be terminated by agreement between you and Printronix, Inc. or by Printronix, Inc. 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 T
echnical Data and Computer Software clause at
F
AR 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 T
erms and Conditions
YOU ACKNOWLEDGE THA
T YOU HA
VE READ THIS AGREEMENT
, UNDERST
AND IT
, AND AGREE TO BE BOUND BY ITS TERMS AND CON
-
DITIONS. NEITHER P
AR
TY SHALL BE BOUND BY ANY ST
A
TEMENT OR REPRESENT
A
TION NOT CONT
AINED IN THIS AGREEMENT
. NO
CHANGE IN THIS AGREEMENT IS EFFECTIVE UNLESS WRITTEN AND SIGNED BY PROPERL
Y AUTHORIZED REPRESENT
A
TIVES OF EACH
PARTY
. BY USING THIS PRINTER, YOU AGREE TO ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT
.