End User Software License Agreement
Notice to User:
This is a legal agreement ("Agreement") between you (an individual or single entity, referred to hereinafter as "you") and Seiko Epson Corporation ("Epson") for the use of computer software for use with Epson micro device products (the "Epson Products", described in Exhibit A), including any accompanying explanatory written materials (the "Software", described in Exhibit A).
BEFORE DOWNLOAD, INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU MUST AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU AGREE, CLICK ON THE ACCEPT BUTTON BELOW. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE DECLINE BUTTON BELOW AND YOU WILL NOT BE ABLE TO DOWNLOAD THE SOFTWARE.
- Evaluate License. Epson grants you a personal, non-transferable, limited, non-sublicensable, nonexclusive and worldwide license to install and use the Software only to evaluate Epson's Products described in Exhibit A.
- Limited License. The Software may be installed in a single operating system environment; and only used by you, and then, only to evaluate Epson's Products internally.
- Other Rights and Limitations; Security.
- Software. The term "Software" shall include: (i) the software components and media; and (ii) any upgrades, updates, additions and copies of the Software licensed to you by Epson.
- Limitations. Except as expressly provided in this Agreement, you may not (and may not cause or authorize any third party to) use, distribute, translate, amend or adapt the Software (or any part thereof) without the prior written permission of Epson. You agree not to attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software to the extent that it has been supplied to you in object code form. You may not rent, lease, distribute, sublicense or lend the Software to any third parties. Further, you agree not to place the Software onto a server so that it is accessible via a public network such as the Internet.
- Ownership and Reservation of Rights
- Ownership. All title, ownership rights, and intellectual property rights in and to the Software shall remain with Epson. The Software is protected by Japanese 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 Agreement 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 or other proprietary notices on any copies of the Software.
- Reservation of Rights. Epson reserves all rights in relation with the Software, not specifically granted herein.
- Infringement or Threatened Infringement of Rights in the Software. You shall promptly give notice to Epson up on becoming aware of any infringement or threatened infringement of, or challenge to, the intellectual property rights in and to the Software. You shall, at the request and expense of Epson, do all such things as may be reasonably required to assist Epson in taking or resisting any proceedings in relation to any such infringement, threatened infringement or challenge.
- Warranty Disclaimers and Indemnification.
- Warranty Disclaimers. You acknowledge and agree that the use of the Software is at your own risk. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND. EPSON DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EPSON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Some states and/or jurisdictions do not allow the exclusion or limitation of implied warranties in certain circumstances; thus, the above limitations may not apply to you.
- Indemnification. You agree to defend, indemnify and hold harmless Epson from any claims, liabilities, damages, losses and expenses (including attorneys' fees), that arise or result from your breach of the terms and conditions of this Agreement, including any claim that you infringes the rights (including intellectual property rights) of third parties in relation with the Software.
- Limitation of Liability. IN NO EVENT WILL EPSON BE LIABLE TO YOU, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OR WARRANTY, MISREPRESENTATION OR OTHERWISE, FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF EPSON OR ANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. In no event shall the cumulative liability of Epson for any damages, regardless of the nature of the claim, exceed the amount paid by you for the Software. Some states and jurisdictions do not allow the exclusion or limitation of liability in certain circumstances; thus, the above limitation may not apply to you.
- Termination. Without prejudice to any other rights Epson has, this Agreement and the licenses granted herein shall automatically terminate upon failure by you to comply with its terms. You may also terminate this Agreement and the licenses granted herein at any time by destroying the Software and all copies.
- Export Restriction. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by Japanese export regulations or any other export laws, restrictions or regulations.
- Governing Law and General Provisions. This Agreement shall be governed and construed under the laws of Japan, without regard to its conflicts of law rules. Application of the United Nations Convention on Contracts for the International Sale of Goods 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 to be void or unenforceable, it will not affect the validity of the balance of this 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.
- Collection of Your Personal Information
Epson collects your personal information when you enter your personal information in the "EPSON Sensing System Application Form". Personal information is information about you that is personally identifiable like your name, e-mail address and that is not otherwise publicly available.
IMPORTANT: Please read carefully when you fill out the "ESPON Sensing System Documents Application Form".
- If you send personal information with a non-SSL compliant browser, the risk that information is read or intercepted by a third party interception will be increased. Please use a non-SSL compliant browser at your own risk.
- E-mails sent to you by Epson may contain a request for return receipt. This information may be collected from you with compliant e-mail programs. If you don't wish to provide this information to Epson, please disable the return receipt function or use e-mail software that doesn't have the function.
- Use of Your Personal Information
Epson collects and uses your personal information to get information how the Epson Sensing System is being utilized (by whom and for what purpose) and to improve the Epson Sensing System (collectively "Personal Information Usage Purpose")
Except as described in this Agreement, your personal information will not be used for the purposes other than the Personal Information Usage Purpose.
Epson may contact you by using your personal information to confirm how the Epson Sensing System is being utilized.
- Use of Your Personal Information for Other Purposes
Epson may use your personal for the purposes other than the Personal Information Usage Purpose if Epson believe such action is necessary to: (a) comply with the law or legal process, (b) act in urgent circumstances to protect personal safety, rights or property of person and legal person (including Epson Sensing System users and Epson) and (c) cooperate with a national organization, local authority or person contacted perform duties required by law.
- Disclosure of Your Personal Information
Except as described in this Agreement, Epson will not disclose your personal information outside of Epson and its controlled affiliates without your consent. For the purpose of clarification, when Epson makes your personal information non-identifiable, Epson may disclose such information to a third party.
- Contacting Epson
- Seiko Epson Corporation
- Sensing System Operations Division
- Personal Information Manager
- Address: 421-8 Hino, Tokyo, 191-8501, Japan
- Destruction of Your Personal Information
By clicking on "I Agree." you are consenting to be bound by the Waiver of assurances when using the Epson Sensing System, Handling of personal information, and Policy on intellectual property handling when using the Epson Sensing System. If you do not agree to these terms and conditions, click on "I Do Not Agree."