END USER SOFTWARE LICENSE AGREEMENT

NOTICE TO USER: This is a legal agreement between you (an individual or single entity, referred to hereinafter as "you") and Epson America, Inc. ("Epson") for the enclosed software product, including any electronic documentation and accompanying written materials (referred to hereinafter as the "Software").  BEFORE INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU MUST AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do agree, click on the "Yes" button below.  If you do not agree, click on the "No" button below.  IF YOU CLICK ON "NO," YOU WILL NOT BE ABLE TO FINISH INSTALLATION OF THE SOFTWARE.  

1.	Grant of License.  Epson grants you a limited nonexclusive license to install and use the Software in a single location on a hard disk or other storage device. You may make one backup copy of the Software, provided the backup copy is not installed or used by anyone other than you. The term "Software" shall also include any upgrades, modified versions, updates, additions and copies of the Software licensed to you by Epson or its suppliers. The primary user of the computer on which the Software is installed or used may also install the Software on one home or portable computer, provided the home or portable computer is for use by the same user.

2.	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 or lend the Software to third parties. You may, however, transfer all your rights to use the Software to another person or legal entity, provided that when you transfer the Software, including all copies, updates and prior versions, to such person or entity, the recipient also agrees to the terms of this Agreement. 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 a server so it is accessible via a public network such as the Internet.

3.	Ownership.  Title, ownership rights, and intellectual property rights in and to the Software 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 you 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.  You agree not to remove or alter any copyright, trademark, registered mark and other proprietary notices on any copies of the Software. Epson and its suppliers reserve all rights not granted.

4.	Upgrades.  If you acquire an upgrade or update for Software, you may use the previous version for ninety (90) days after you receive the new version in order to assist you in the transition to the new version, after which time you no longer have a license to use the previous version, and all copies thereof, including copies installed on computers, must be destroyed.

5.	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; in diskettes and a CD-ROM; by electronic download).  Regardless of the type or number of copies you receive, you still may use only the media appropriate for your single designated computer or storage device.

6.	Warranty and Remedy.  Epson warrants to you that, if the Software has been provided to you on tangible media, the media will be free of defects in materials and workmanship for a period of ninety (90) days following the date of original purchase by first end user. Epson's sole and exclusive liability and your exclusive remedy shall be limited to either, at Epson's option, the replacement of the media or a refund to you for the cost of the Software. Epson is not liable for performance delays or for nonperformance due to causes beyond its reasonable control. This Limited Warranty is void if failure of the Software resulted from accident, abuse, or misapplication. THE STATED LIMITED WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. EPSON DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. 

7.	Limitation of Liability.  IN NO EVENT WILL EPSON OR ITS SUPPLIERS BE LIABLE TO YOU, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OR WARRANTY, MISREPRESENTATION OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF EPSON, ITS SUPPLIER OR ANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.  Some states or jurisdictions, however, do not allow the exclusion or limitation of incidental, consequential or special damages, or limitations on remedies, so the above limitations may not apply to you.

8.	U.S. Government Restricted Rights.  The Software is provided with RESTRICTED RIGHTS.  Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable, and any amendments thereto.

9.	Export Restriction.  You agree that the Software 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.

10.	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 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 Epson.  Without prejudice to any other rights Epson has, this Agreement shall automatically terminate upon your failure to comply with its terms.

In Canada.  The parties to this Agreement confirm that it is their wish that this Agreement shall be drawn up in the English language only.  Les parties aux présentes confirment leur volenté que cette convention de même que tous les documents, y compris tous avis, qui s'y rattache, soient rédigés en langue anglaise seulement.

Should you have any questions concerning this Agreement, kindly write: Epson America, Inc., Customer Relations Department, 3840 Kilroy Airport Way, Long Beach, CA 90806, USA.

EPSON is a registered trademark of Seiko Epson Corporation.
