16. Software License Agreement
288 EPSON RC+ 5.0 (Ver.5.4) User's Guide Rev.4
PROTECTION AND SECURITY
You agree not to deliver or otherwise make available the Licensed Materials or any
part thereof, including, without limitation, the object code, to any person other than the
Licenser or its employees, except for purposes specifically related to your use of the
Licensed Materials on one (1) CPU, without the prior written consent of the Licenser.
You agree to use your best efforts and take all reasonable steps to safeguard the
Licensed Materials to ensure that no unauthorized person shall have access thereto and
that no unauthorized copy, publication, disclosure or distribution thereof, in whole or
in part, in any form, shall be made. You recognize that the Licensed Materials contain
valuable confidential information and trade secrets.
LIMITED WARRANTY
The only warranty the Licenser makes to you in connection with this license to use the
Licensed Materials is that the media on which the Licensed Materials are recorded will
be replaced without charge, as long as the original diskette(s) are returned to the
licenser, with satisfactory proof of date of purchase, within ninety (90) days of
purchase. This warranty is limited to the Licensee and is not transferable. The
foregoing warranty does not extend to any Licensed Materials that have been damaged
as a result of accident, misuse or abuse.
EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, THESE
LICENSED MATERIALS ARE PROVIDED "AS IS". THE ENTIRE RISK AS TO
THE RESULTS AND PERFORMANCE OF THE LICENSED MATERIALS IS
ASSUMED BY YOU. THE LICENSER DOES NOT WARRANT, GUARANTEE
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE
RESULTS OBTAINED WITH THE LICENSED MATERIALS IN TERMS OF
CORRECTNESS AND RELIABILITY OR LEGALITY. THE ABOVE IS THE
ONLY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR INABILITY TO
USE THE LICENSED MATERIALS, EVEN IF THE LICENSER OR SUCH OTHER
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT YOUR EXCLUSIVE REMEDIES, AND THE LICENSER'S
OR SUCH OTHER PARTY'S ENTIRE LIABILITY WITH RESPECT TO THE
LICENSED MATERIALS SHALL BE AS SET FORTH HEREIN, AND IN NO
EVENT SHALL THE LICENSER'S OR SUCH OTHER PARTY'S LIABILITY FOR
ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE
LICENSED FEE PAID FOR THE LICENSED MATERIALS.
ENTIRE AGREEMENT
This Agreement represents the entire agreement between Licenser and Licensee with
respect to the License and use of the Licensed Materials.
SEVERABILITY
If any provision or a portion of this agreement is determined to be invalid under any
applicable law, it shall be deemed omitted and the remaining provisions and partial
provisions of this agreement shall continue in full force and effect.
NOTICE
Any notice or other communication relating to this license agreement to be sent to the
Licenser must be mailed by certified mail to your distributor.
