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Revision 1.1 - (show annotations) (download)
Thu Nov 17 21:50:01 2005 UTC (8 years, 8 months ago) by sbriesen
Branch: MAIN
CVS Tags: HEAD
adding EAPL + EPSON for upcoming 'iscan' ebuild

1 SEIKO EPSON CORPORATION
2 SOFTWARE LICENSE AGREEMENT
3
4 IMPORTANT! READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY. The
5 computer software product, fontware, typefaces and/or data, including
6 any accompanying explanatory written materials (the "Software") should
7 only be installed or used by the Licensee ("you") on the condition you
8 agree with SEIKO EPSON CORPORATION ("EPSON") to the terms and
9 conditions set forth in this Agreement. By installing or using the
10 Software, you are representing to agree all the terms and conditions
11 set forth in this Agreement. You should read this Agreement carefully
12 before installing or using the Software. If you do not agree with the
13 terms and conditions of this Agreement, you are not permitted to
14 install or use the Software.
15
16 1. License. EPSON and its suppliers grant you a personal,
17 nonexclusive, royalty-free limited license to install, copy, use
18 and redistribute the Software, provided that the copyright notice
19 is reproduced in its entirety on the copy. The term "Software"
20 shall include the software components, media, all copies made by
21 you and any upgrades, modified versions, updates, additions and
22 copies of the Software licensed to you by EPSON or its suppliers.
23 EPSON and its suppliers reserve all rights not granted herein.
24
25 2. Other Rights and Limitations. You agree not to modify, adapt or
26 translate the Software. You also agree not to attempt to reverse
27 engineer, decompile, disassemble or otherwise attempt to discover
28 the source code of the Software. You may not rent, lease, encumber
29 or lend the Software. You may, however, transfer all your rights
30 to use the Software to another person or legal entity provided that
31 you transfer this Agreement, the Software, including all copies,
32 updates and prior versions, to such person or entity, and that you
33 retain no copies, including copies stored on a computer. Some
34 states or jurisdictions, however, do not allow the restriction or
35 limitation on transfer of the Software, so the above limitations
36 may not apply to you.
37
38 3. Ownership. Title, ownership rights, and intellectual property
39 rights in and to the Software and any copies thereof shall remain
40 with EPSON or its suppliers. There is no transfer to you of any
41 title to or ownership of the Software and this License shall not be
42 construed as a sale of any rights in the Software. The Software is
43 protected by Japanese Copyright Law and international copyright
44 treaties, as well as other intellectual property laws and treaties.
45 You also agree not to remove or alter any copyright and other
46 proprietary notices on any copies of the Software.
47
48 4. Protection and Security. You agree to use your best efforts and
49 take all reasonable steps to safeguard the Software to ensure that
50 no unauthorized person has access to them and that no unauthorized
51 copy, publication, disclosure or distribution of any of the
52 Software is made. You acknowledge that the Software contains
53 valuable, confidential information and trade secrets, that
54 unauthorized use and copying are harmful to EPSON and its
55 suppliers, and that you have a confidentiality obligation as to
56 such valuable information and trade secrets.
57
58 5. Limited Warranty. You acknowledge and agree that the use of the
59 Software is at your sole risk. THE SOFTWARE IS PROVIDED "AS IS"
60 AND WITHOUT ANY WARRANTY OF ANY KIND. EPSON AND ITS SUPPLIERS DO
61 NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY
62 USING THE SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE
63 REMEDIES FOR EPSON'S AND ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT
64 FOR THE FOREGOING LIMITED WARRANTY, EPSON AND ITS SUPPLIERS MAKE NO
65 WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT,
66 MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Some states
67 or jurisdictions do not allow the exclusion of implied warranties
68 or limitations on how long an implied warranty may last, so the
69 above limitations may not apply to you. This warranty gives you
70 specific legal rights. You may have other rights which vary from
71 state to state or jurisdiction to jurisdiction.
72
73 IN NO EVENT WILL EPSON OR ITS SUPPLIERS BE LIABLE TO YOU, WHETHER
74 ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
75 LIABILITY, BREACH OR WARRANTY, MISREPRESENTATION OR OTHERWISE, FOR
76 ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING
77 ANY LOST PROFITS OR LOST SAVINGS, EVEN IF EPSON, ITS SUPPLIERS OR
78 ANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
79 DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN NO EVENT SHALL
80 EPSON'S OR ITS SUPPLIERS' LIABILITY UNDER THIS AGREEMENT EXCEED
81 THE AMOUNT THAT EPSON RECEIVED FROM YOU UNDER THIS AGREEMENT. Some
82 states or jurisdictions, however, do not allow the exclusion or
83 limitation of incidental, consequential or special damages, so the
84 above limitations may not apply to you.
85
86 6. Termination. Without prejudice to any other rights EPSON has, this
87 Agreement shall automatically terminate upon failure by you to
88 comply with its terms. You may also terminate this Agreement at
89 any time by uninstalling and destroying the Software and all copies
90 thereof.
91
92 7. Governing Law and General Provisions. This Agreement shall be
93 governed and construed under by the laws of Japan without regard to
94 its conflicts of law rules. This Agreement is the entire agreement
95 between the parties with respect to the Software, and supersedes
96 any purchase order, communication, advertisement, or representation
97 concerning the Software. This Agreement shall be binding upon, and
98 inure to the benefit of, the parties hereto and their respective
99 successors, assigns and legal representatives. If any provision
100 herein is found void or unenforceable, it will not affect the
101 validity of the balance of the Agreement, which shall remain valid
102 and enforceable according to its terms. This Agreement may only be
103 modified in writing signed by an authorized officer of EPSON.
104
105 8. U.S. Government End Users. If you are acquiring the Software on
106 behalf of any unit or agency of the United States Government, the
107 following provisions apply. The Government agrees: (i) if the
108 Software is supplied to the Department of Defense (DoD), the
109 Software is classified as "Commercial Computer Software" and the
110 Government is acquiring only "restricted rights" in the Software
111 and its documentation as that term is defined in Clause
112 252.227-7013(c)(1) of the DFARS; and (ii) if the Software is
113 supplied to any unit or agency of the United States Government
114 other than DoD, the Government's rights in the Software and its
115 documentation will be as defined in Clause 52.227-19(c)(2) of the
116 FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA
117 Supplement to the FAR.
118
119
120 EPSON EULA 07/01/2001

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