・PRIVACY
STATEMENT FOR DATA COLLECTION:| EPSON RC+ | FOR CUSTOMERS IN CHINA
・PRIVACY
STATEMENT | EPSON RC+ | FOR CUSTOMERS IN THE AMERICAS
・PRIVACY
STATEMENT | EPSON RC+ | FOR CUSTOMERS IN EUROPE, MIDDLE EAST AND AFRICA
The document begins with the EULA, followed sequentially
by the three versions of the Privacy Statement based on the user’s region.
The
versions of the End User Software License Agreement and Privacy Statement,
including those in Chinese (Simplified and Traditional), are available at the
following URL:
包括简体中文和繁体中文语言版本在内的最终用户软件许可协议和隐私声明,可在以下网址查阅:
包括簡體中文與繁體中文語言版本在內的最終用戶軟體授權協議與隱私權聲明,可於以下網址查閱: https://support.epson.net/terms/ms/?MKN=Epson%20RC%EF%BC%8B%208.0&PINF=swlist
EPSON END
USER SOFTWARE LICENSE AGREEMENT |EPSON RC+|
NOTICE TO USER: PLEASE
READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.
IF YOU ACQUIRE THIS SOFTWARE
IN AUSTRALIA, SECTIONS 17-19 OF THIS DOCUMENT MAY APPLY TO YOU. SECTIONS 18.1
AND 19.1 DESCRIBE WHEN THESE SECTIONS MAY APPLY. SECTIONS 17-19 SET OUT
MANDATORY STATUTORY PROTECTIONS WHICH CANNOT BE EXCLUDED UNDER LAW. WHERE
INDICATED, OTHER TERMS IN THIS AGREEMENT ARE SUBJECT TO SECTIONS 17-19.
IF YOU ARE LOCATED IN
THE UNITED STATES, SECTIONS 20-23 OF THIS DOCUMENT APPLY TO YOU. SECTION 22
CONTAINS A BINDING ARBITRATION PROVISION THAT LIMITS YOUR ABILITY TO SEEK
RELIEF IN A COURT BEFORE A JUDGE OR JURY, AND WAIVES
YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS FOR CERTAIN
DISPUTES. AN “OPT-OUT” IS AVAILABLE UNDER SECTION 22.7 FOR THOSE WHO WISH TO BE
EXCLUDED FROM THE ARBITRATION AND CLASS WAIVER.
This is a legal agreement
(“Agreement”) between you (an individual or entity, referred to hereinafter as
“you”) and Epson (Epson means Seiko Epson Corporation or affiliated companies
of Seiko Epson Corporation according to your residence (for entity, referring
to the location of the head office, and collectively referred to as
“Residence”), collectively referred to hereinafter as the “Epson”) for the
software programs, including any related documentation, firmware, or updates
(collectively referred to hereinafter as the “Software”) you purchased the
license for. BEFORE INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU
NEED TO REVIEW AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT
INCLUDING THE EPSON PRIVACY POLICY stated in Section 16 AND THE TERMS AND
CONDITIONS OF SOFTWARE LICENSE PURCHASE (I.E. SOFTWARE LICENSE PRICE, LICENSE TERM, ETC.). If you do not agree with the terms and conditions of this Agreement you may not install or use the Software.
If you agree and the Agree
(“ACCEPT”, “OK” or any similar representation of agreement) button/box is
presented at all, click on that button/box. If you do not agree and the
Disagree (“EXIT”, “Cancel” or any similar representation of disagreement)
button/box is presented at all, click on that button/box.
If you do not agree, but instead are entitled to get a refund of the
license purchase price, please obtain the refund from Epson or the place of
purchase. In such cases, you need to return the Software along with the packaging
and related materials if you have obtained the Software with such packaging and
related materials, and you need to delete the Software if you have downloaded
and obtained the Software.
Please note that some software
programs accompanying the Software may require the purchase of a separate paid
license in order to make them available for your use.
You are responsible for such purchase.
1. Grant of License.
Subject to your compliance with the terms and conditions of this Agreement,
Epson grants you, for the license term only, a limited, nonexclusive, nonsublicensable and nonassignable
license to:
(i) use
the Software on a device (“Device”) solely for the purpose of operating Epson
brand robot controller and its peripheral product (the “Epson Hardware”)
controlled by you;
(ii) transfer all of your rights to use the Software to another person or
legal entity, provided that the recipient also agrees to the terms of this
Agreement and you transfer all of the enclosed materials of this Agreement,
including this Agreement and all backup copies for the Software to such person
or entity. Your license rights under this Section will automatically terminate
upon such transfer; and
(iii) access additional License expressly (for free or for a fee) set
forth in additional terms.
For avoidance of doubt, if any
additional terms and conditions specific to the Software are set forth in an Appendix
A of this Agreement, you must also comply with those additional terms and
conditions.
2. Upgrades and
Updates. Epson may, from time to time, issue an upgrade, updated version,
modified version, or additions to or for the Software (collectively,
“Updates”). You acknowledge that Epson has no obligation to provide you with
any Updates to the Software. Unless other terms and conditions apply, this
Agreement will apply to the Updates.
3. Other Rights and
Limitations. You agree not to use or copy the Software in any way, except
as otherwise licensed herein, or transfer your rights licensed under this
Agreement in any way, except as otherwise licensed herein. 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 agree to comply with any technical limitations
in the Software that allow you to use the Software only in certain ways and not
to use the Software in any ways that circumvents any technical limitations in
the Software. You may not sublicense, rent, lease, distribute, lend the
Software to third parties, except as otherwise licensed herein. 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 or into a
shared environment accessible via a public network such as the Internet or
otherwise accessible by others other than licensed herein. Furthermore, upon
purchasing and using the license for the Software, you are also required to
comply with the terms and conditions of software license purchase.
4. Ownership.
Title, ownership rights, and intellectual property rights in and to the
Software shall remain with Epson or its licensors and suppliers. The Software
is protected by United States Copyright Law, copyright laws of Japan 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/or its licensors and suppliers reserve all rights not
granted. The Software may also contain images, illustrations, designs and
photos (“Materials”), and the copyright of such material belongs to Epson
and/or its licensors and suppliers, protected by national and/or international
intellectual property laws, conventions and treaties.
5. Open Source and
Other Third-Party Components. Notwithstanding the foregoing license grant,
you acknowledge that certain components of the Software may be covered by
third-party licenses, including so-called “open source” software licenses,
which means any software licenses approved as open source licenses by the Open
Source Initiative or any substantially similar licenses, including without
limitation any license that, as a condition of distribution of the software
licensed under such license, requires that the distributor make the software
available in source code format (such third-party components, “Third-Party
Components”). A list of Third-Party Components, and associated license terms
(as required), for particular versions of the Software is indicated at https://support.epson.net/terms/, the end of this Agreement,
relevant user manual/storage media, or the license information displayed on
your Device/in Software. To the extent required by the licenses covering
Third-Party Components, the terms of such licenses will apply in lieu of the terms
of this Agreement. To the extent the terms of the licenses applicable to
Third-Party Components prohibit any of the restrictions in this Agreement with
respect to such Third-Party Components, such restrictions will not apply to
such Third-Party Component.
6. Disclaimer of
Warranty and Remedy. Subject to Section 18.1 (which may apply to you if you
acquire goods and services from Epson in Australia), you acknowledge and agree
that the use of the Software is at your sole risk. THE SOFTWARE IS PROVIDED
"AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND. EPSON AND ITS SUPPLIERS
DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING
THE SOFTWARE. Epson does not warrant that the operation of the Software will be
uninterrupted, error free, free from viruses or other harmful components or
vulnerabilities, or that the functions of the Software will meet your needs or
requirements. Epson’s sole, exclusive and entire liability
and your exclusive remedy for breach of warranty shall be limited to a refund
of the price paid for the Software license. 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 WARRANTIES AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL
OTHERS. EPSON DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE,
COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, CURRENCY, COMPLETENESS, AND
ACCURACY. SOME STATES OR JURISDICTIONS, HOWEVER, DO NOT ALLOW EXCLUSIONS OR
LIMITATIONS OF IMPLIED WARRANTIES, AND IN SUCH STATES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
7. Limitation of
Liability. Subject to Section 18.1 and/or 19.1 (which may apply to you if
you acquire goods and services from Epson in Australia), TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EPSON OR ITS SUPPLIERS BE LIABLE
FOR ANY DAMAGES, WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE,
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OR ARISING OUT OF THE
EXERCISE OF RIGHT UNDER THIS AGREEMENT, OR ARISING OUT OF THIS AGREEMENT, EVEN
IF EPSON OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES IN
CERTAIN TRANSACTIONS, AND IN SUCH STATES, THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY. UNLESS THE ABOVE RESTRICTIONS APPLY, EPSON’S TOTAL LIABILITY FOR
DAMAGES (CUMULATIVE LIABILITY) SHALL BE LIMITED TO THE PURCHASE PRICE OF THE SOFTWARE
LICENSE.
8. U.S. Government
Acquisition of the Software. This Section applies to all acquisitions of
the Software by or for the U.S. Government (“Government”), or by any prime
contractor or subcontractor (at any tier) under any contract, grant,
cooperative agreement, “other transaction” (“OT”), or other activity with the
Government. By accepting delivery of the Software, the Government, any prime
contractor, and any subcontractor agree (a) that the Software qualifies as
"Commercial products," as that term is defined at 48 C.F.R.
Section2.101, consisting of “Commercial computer software” and “Commercial
computer software documentation,” as such terms are used in 48 C.F.R. Section
12.212 or 48 C.F.R. Section 227.7202, as applicable, and (b) that consistent
with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections 227.7202-1 through
227.7202-4, as applicable, the Software is provided to the Government only as a
Commercial product and with only those rights as are granted to all other end
users pursuant to this Agreement. The terms and conditions of this Agreement
govern the Government’s (and the prime contractor and subcontractor’s) use and
disclosure of the Software, and supersede any
conflicting terms and conditions of the contract, grant, cooperative agreement,
OT, or other activity pursuant to which the Software is delivered to the
Government. If this Software fails to meet the Government’s needs, if this
Agreement is inconsistent in any respect with Federal law, or if the above
provisions of 48. C.F.R do not govern, the Government agrees to return the
Software, unused, to Epson.
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 export control
laws in the United States and other countries or any other export laws,
restrictions or regulations.
10. Entire Agreement.
Subject to Section 19.1 (which may apply to you if you acquire goods and
services from Epson in Australia), 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.
11. Binding Agreement;
Assignees. This Agreement shall be binding upon, and inure to the benefit
of, the parties hereto and their respective successors, assigns and legal
representatives.
12. Severability.
If any provision herein is found void or unenforceable by a court of competent
jurisdiction (subject to Section 22.8 and 22.9 if you are a located in the
U.S.), it will not affect the validity of the balance of the Agreement, which
shall remain valid and enforceable according to its terms.
13. Indemnification.
Subject to Section 19.1 (which may apply to you if you acquire goods and
services from Epson in Australia), you agree that you will indemnify and hold
harmless, and upon Epson’s request, defend Epson and its directors, officers,
shareholders, employees and agents from and against any and all losses,
liabilities, damages, costs, expenses (including reasonable attorneys’ fees),
actions, suits, and claims arising from (i) any
breach of any of your obligations in this Agreement or (ii) any use of the
Software. If Epson asks you to defend any such action, suit or claim, Epson
will have the right, at its own expense, to participate in the defense thereof
with counsel of its choice. You will not settle any third-party claims for
which Epson is entitled to indemnification without the prior written approval
of Epson.
14. Termination.
Without prejudice to any other rights of the parties, each party may terminate
this Agreement, effective on notice to the other party, if the other party
fails to comply with this Agreement. Upon termination, you must cease using the
Software, and all copies thereof, must be immediately
destroyed.
15. Capacity and
Authority to Contract. You represent that you are of the legal age of
majority in your state or jurisdiction of residence and have all necessary
authority to enter into this Agreement, including, if applicable, due
authorization by your employer to enter into this Agreement. Epson represents
that it has all necessary authority to enter into this Agreement.
16. Privacy,
Information Processing. The Software may have the ability to connect over
the Internet to transmit data to and from your Device.
For example, if you install the Software, the Software may cause your Device to
send information about your Epson Hardware and/or the Software such as model
and serial number, country identifier, language code, operating system
information, and usage information to Epson. However, no personally
identifiable information will be transmitted. Epson may also send promotional or service
information to your Device for display. Any processing of information provided
through the Software, shall be according to applicable data protection laws and
the Epson Privacy Policy located at https://global.epson.com/privacy/area_select_confirm_eula.html. To the extent permitted by applicable laws, by agreeing to the
terms of this Agreement and by installing the Software, you consent to the
processing and storage of your information in and/or outside your country of
residence. If there is a specific privacy policy indicated at the end of
this Agreement, incorporated into the Software and/or displayed when you use
the Software (for example, in the case of certain software application
software), such specific privacy policy is incorporated into the Epson Privacy
Policy stated above.
(THE FOLLOWING SECTIONS 17-19 OF THIS DOCUMENT MAY APPLY TO YOU IF
YOU ACQUIRE GOODS OR SERVICES IN AUSTRALIA (SEE SECTIONS 18.1 AND 19.1 FOR
FURTHER INFORMATION AS TO WHEN THESE SECTIONS APPLY)
17. Definition. For the purpose of the following Sections 18-19 of this
Agreement, the Australian Consumer Law means Schedule 2 of the Competition and
Consumer Act 2010 (Cth).
18.1 Acquiring Product
as a Consumer. If you acquire the Software in Australia as a consumer under
the Australian Consumer Law, which can include individuals or businesses or
other entities of any size, this Agreement is subject to the following Sections
18.2 and 18.3.
18.2 Australian
Consumer Law. Nothing in this Agreement applies where it would exclude,
restrict or modify any right or remedy you may have under the Australian
Consumer Law if such right or remedy cannot lawfully be excluded, restricted or
modified.
Notwithstanding anything to the contrary in this Agreement, if you
acquire goods (other than goods acquired for the purpose of resupply) and
services from Epson as a consumer, they come with statutory guarantees under
the Australian Consumer Law that are not excluded by any other terms of this
Agreement.
The statutory guarantees include (without limitation) the following:
Goods must be of acceptable quality. This means they must:
-be safe;
-be free from defects;
-be acceptable in appearance and finish;
-do all the things someone would normally expect them to do;
-match any demonstration model or sample;
-be fit for the purpose which Epson has represented to you it would
be fit for;
-match the description of the goods given by Epson; and
-meet any express warranty given by Epson to you at the time of your
purchase about their performance, condition and quality.
Services provided by Epson must:
-be provided with due care and skill or technical knowledge;
-be fit for the purpose or give the results that have been agreed
to; and
-be delivered within a reasonable time when there is no agreed end
date.
To the extent that Epson fails to comply with a consumer guarantee
applicable to you under the Australian Consumer Law you are entitled to the
remedies as set out in the Australian Consumer Law. For major failures with the
service, you are entitled:
-to cancel your service contract with Epson; and
-to a refund for the unused portion, or to compensation for its
reduced value.
You are also entitled to choose a refund or replacement for major
failures with goods.
If a failure with the goods or a service does not amount to a major
failure, you are entitled to have the failure rectified in a reasonable time.
If this is not done, you are entitled to a refund for the goods and to cancel
the contract for the service and obtain a refund of any unused portion.
You are also entitled to be compensated for any other reasonably
foreseeable loss or damage from a failure in the goods or service.
18.3 Disclaimer of
Warranty and Remedy. Section 6 will not apply to you. The following section
will apply instead:
EXCEPT THAT NOTHING IN THIS CLAUSE EXCLUDES, RESTRICTS OR MODIFIES
ANY WARRANTIES, GUARANTEES, RIGHTS OR REMEDIES WHICH CANNOT BE EXCLUDED UNDER
THE AUSTRALIAN CONSUMER LAW: (1) THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT
ANY WARRANTY OF ANY KIND; (2) EPSON AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT
THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE; (3) Epson does
not warrant that the operation of the Software will be uninterrupted, error
free, free from viruses or other harmful components or vulnerabilities, or that
the functions of the Software will meet your needs or requirements; (4) Epson
is not liable for performance delays or for non-performance due to causes
beyond its reasonable control; and (5) EPSON DISCLAIMS ALL OTHER WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF
NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE,
COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, CURRENCY, COMPLETENESS, AND
ACCURACY.
19.1 Acquiring Product
under a Consumer or Small Business Contract. If:
(a) you are an individual and you acquire the Software wholly or
predominantly for personal, domestic or household use or consumption; or
(b) this agreement constitutes a small business contract (as that
term is defined in the Australian Consumer Law from time to time),
then the following
Sections 19.2-19.3 will apply to you.
19.2 Limitation of
Liability. Section 7 will not apply to you. The following section will
apply instead:
Subject to Section 18.1, IN NO EVENT WILL A PARTY OR ITS SUPPLIERS
BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY,
BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE, OR ARISING OUT OF THE EXERCISE OF RIGHT UNDER
THIS AGREEMENT, OR ARISING OUT OF THIS AGREEMENT, EVEN IF THAT PARTY OR ITS
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. A PARTY’S
TOTAL LIABILITY FOR DAMAGES (CUMULATIVE LIABILITY) SHALL BE LIMITED TO THE
PURCHASE PRICE OF THE SOFTWARE LICENSE.
19.3 Entire Agreement; Indemnification. Sections 10 (Entire
Agreement) and 13 (Indemnification) will not apply to you.
(IF YOU ARE LOCATED IN
THE UNITED STATES, THE FOLLOWING SECTIONS 20-23 APPLY TO YOU)
20. Downloadable
Updates. You may also be able to download from an Epson Internet site
updates or upgrades to the Software if such updates or upgrades are made
available. If you agree to install the Software, any transmissions to or from
the Internet, and data collection and use, will be in accordance with Epson’s
then-current Privacy Policy, and by installing the Software you agree that such
then-current Privacy Policy shall govern such activities.
21. Epson Accounts and
Promotional Messages. U.S. Privacy Statement. In addition, if you install
the Software and register your Epson Hardware with Epson, and/or you create an
account at the Epson Store, and provided your consent to such use, you agree
that Epson may merge the data collected in connection with installation of the
Software, registration of your Epson Hardware and/or creation of your Epson
Store account, consisting of personal information and non-personally
identifiable information, and use such merged data to send you Epson
promotional or service information. If you do not wish to send information
about your Epson Hardware or receive promotional or service information, you
will be able to disable these features on a Windows system through the Monitoring
Preferences section in the driver. On a Mac operating system, you can disable
these features by uninstalling the Epson Customer Research Participation and
Low Ink Reminder software. If you are based in the United States, the Privacy
Statement for Customers in the United States governs the processing of your
personal information by Epson and is hereby incorporated by reference.
22. DISPUTES, BINDING
INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
22.1 Disputes. The
terms of this Section 22 shall apply to all Disputes between you and Epson. The
term “Dispute” is meant to have the broadest meaning permissible under law or
in equity and includes any past, present, or future dispute, claim, controversy
or action between you and Epson including those that arose before the existence
of this or any prior Agreement arising out of or relating to this Agreement
(including its formation, performance, or breach), the Software, Epson
Hardware, the parties’ relationship with each other and/or any other
transaction involving you and Epson, whether in contract, or with respect to
warranty, misrepresentation, fraud, tort, intentional tort, statute,
regulation, ordinance, or any other legal or equitable basis. However, a “Dispute” does not include a claim
or cause of action for (a) trademark infringement or dilution, (b) patent
infringement, (c) copyright infringement or misuse, or (d) trade secret
misappropriation (an “IP Claim”). A “Dispute” also does not include a request
for public injunctive relief. You and Epson agree, consistent with Section
22.6(a), that a court, not an arbitrator, may decide if a claim or cause of
action is for an IP Claim, as well as whether a claim seeks public injunctive
relief.
22.2 Initial Dispute
Resolution. Before submitting a claim for arbitration in accordance with
this Section 22, you and Epson agree to try, for sixty (60) days, to resolve
any Dispute informally. If Epson and you do not reach an agreement to resolve
the Dispute within the sixty (60) days, you or Epson may commence an
arbitration in accordance with Section 22.6. Notice to Epson must be addressed
to: Epson America, Inc., ATTN: Legal Department, 3131 Katella Avenue, Los
Alamitos, CA 90720-2335. Any notice of the Dispute shall include the sender’s
name, address and contact information, the facts giving rise to the Dispute,
and the relief requested. Any notice sent to you will be sent to the most
recent address Epson has in its records for you. For this reason, it is
important to notify us if your address changes by emailing us at
EAILegal@ea.epson.com or writing us at the address above. You and Epson agree
to act in good faith to resolve the Dispute before commencing arbitration in
accordance with this Section 22. To minimize the cost and inconvenience to all
parties, and to promote prompt resolution of Disputes, you and we agree that
engaging in this initial dispute resolution process is a material term of this
Agreement and a requirement that must be fulfilled before commencing any
arbitration.
Consistent with Section 22.6(a), you and Epson agree that any disagreements
regarding compliance with this Section 22.2 shall be decided by a court, not an
arbitrator; pending resolution of any such disagreements by a court, which may
include requests to compel compliance with this Section 22.2, you and we agree
that arbitration (as well as any obligation to pay arbitration fees) shall be
stayed until the initial dispute resolution process in Section 22.2 is
complete. You and Epson acknowledge that either party’s failure to comply with
the provisions of this Section 22.2 would irreparably harm the other, and you
and Epson agree that a court may issue an order staying arbitration (and any
obligation to pay arbitration fees) until the initial dispute resolution
process in this Section 22.2 is complete.
22.3 Binding
Arbitration. If we do not reach an agreed upon solution within a period of
sixty (60) days from the time informal dispute resolution is pursued pursuant
to Section 22.2 above, then either party may initiate binding arbitration.
Except as stated below in Section 22.4, you and Epson agree that all Disputes
shall be resolved by binding arbitration according to this Agreement.
ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT
PROCEEDING, AND YOUR RIGHT TO DISCOVERY AND GROUNDS FOR APPEAL ARE MORE LIMITED
THAN IN COURT. Pursuant to this Agreement, and except as stated below in
Section 22.6(h), binding arbitration shall be administered by JAMS, a
nationally recognized arbitration provider, pursuant to the JAMS Streamlined
Arbitration Rules and Procedures or its applicable code of procedures then in
effect for consumer related disputes, but excluding any rules that permit class arbitration.
For more detail on the procedure to initiate arbitration and what your demand
for arbitration should include, see Sections 22.6(g) and 22.6(h) below. You and
Epson understand and agree that (a) the Federal Arbitration Act (9 U.S.C. §§ 1
et seq.) governs the interpretation and enforcement of this Section 22, (b)
this Agreement memorializes a transaction in interstate commerce, and (c) this
Section 22 shall survive termination of this Agreement.
22.4 Exception - Small
Claims Court. Notwithstanding the parties’ agreement to resolve Disputes
through arbitration, either party can elect to have an individual claim
resolved in small claims court of your state or municipality if the action is
within that court’s jurisdiction, even if the claim was initiated by another
party in a different forum.
22.5 WAIVER OF CLASS
ACTION AND CLASS ARBITRATION. YOU AND EPSON AGREE THAT EACH PARTY MAY BRING
DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A
CLASS action or class arbitration. If any court or arbitrator determines that
the class action waiver set forth in this paragraph is void or unenforceable
for any reason or that an arbitration can proceed on a class basis, then the
arbitration provision set forth above in Section 22.3 shall be deemed null and
void in its entirety and the parties shall be deemed to have not agreed to
arbitrate disputes.
22.6 Arbitration
Procedure.
a) The arbitrator shall be
empowered to grant whatever relief would be available in a court under law or
in equity, except for requests for public injunctive relief, if any, which
shall be decided by a court, not an arbitrator. If either party seeks public injunctive
relief, that request for relief shall be severed from any arbitration
proceeding and stayed pending a final determination of the arbitration. Nothing
in Section 22 of this Agreement shall be construed as a waiver of either
party’s right to seek public injunctive relief, and you and we agree to
cooperate to effect the stay of any requests for
public injunctive relief.
The arbitrator is bound by the terms of this Agreement. The arbitrator, and not
any federal, state or local court or agency, shall have exclusive authority to
resolve all disputes arising out of or relating to the interpretation,
applicability, enforceability or formation of this Agreement, including any
claim that all or any part of this Agreement is void or voidable. Notwithstanding
this broad delegation of authority to the arbitrator, and consistent with
Sections 22.1, 22.2, 22.6(a) and 22.6(h) of this Agreement, a court may
determine: (i) the limited question of whether a
claim or cause of action is for an IP Claim, which is excluded from the
definition of “Disputes” in Section 22.1 above; (ii) disagreements regarding
compliance with the initial dispute resolution provisions in Section 22.2
above; (iii) disagreements regarding claims for public injunctive relief as set
forth in this Section 22.6(a); and/or (iv) disagreements regarding the
provisions for “Mass Arbitration” in Section 22.6(h) below.
b) Costs of Arbitration
and Legal Fees. In some instances, the costs of arbitration can exceed the
costs of litigation. Each party will have the right to use legal counsel in
connection with arbitration at its own expense. If, however, the arbitrator
determines that a claim or defense asserted by you or Epson is patently
frivolous or in bad faith, the arbitrator may award the reasonable legal fees
and costs incurred by the other party defending against the claim or defense.
By way of illustration only, and without limitation, a patently frivolous claim
may be found where it is based on a product never purchased by a claimant.
c) Discovery. The
discovery or exchange of non-privileged information relevant to the Dispute may
be allowed during the arbitration. The right to discovery may be more limited
in arbitration than in court.
d) Awards. The
arbitrator’s award is binding and may be entered as a judgment in any court of
competent jurisdiction.
e) Hearing Format and
Location. You may choose to engage
in arbitration hearings by telephone or, if you and we both agree, to conduct
it online, in lieu of appearing live. Arbitration hearings not conducted by
telephone or online shall take place in a location
reasonably accessible from your primary residence, or in Orange County,
California, at your option.
f) Settlement Offers.
During the arbitration, the amount of any settlement offer made shall not be
disclosed to the arbitrator until after the arbitrator determines the amount,
if any, to which you or Epson is entitled.
g) Initiation of
Arbitration Proceeding Before JAMS. Except as stated in Section 22.6(h)
below, if you or Epson commences arbitration, the arbitration shall be governed
by the JAMS Streamlined Arbitration Rules and Procedures or the applicable
rules of JAMS that are in effect when the arbitration is filed, excluding any
rules that permit arbitration on a class-wide basis (the “JAMS Rules”),
available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the
rules set forth in this Agreement. All Disputes shall be resolved by a single
neutral arbitrator, which shall be selected in accordance with the JAMS
Streamlined Arbitration Rules and Procedures, and both parties shall have a
reasonable opportunity to participate in the selection of the arbitrator. If
either you or Epson decides to arbitrate a Dispute before JAMS, both parties
agree to the following procedure:
(i) Write
a Demand for Arbitration. The demand must include a description of the Dispute
and the amount of damages sought to be recovered. The
demand also must identify the product purchased, identify the date and place of
purchase and, if possible, provide the serial number and proof of purchase. You
can find a copy of a demand for arbitration at http://www.jamsadr.com.
(ii) Send three copies of the
demand for arbitration, plus the appropriate filing fee, to: JAMS, 500 North
State College Blvd., Suite 600 Orange, CA 92868, U.S.A.
(iii) Send one copy of the
demand for arbitration to the other party (at the same address as the notice of
a dispute, above in section 22.2), or as otherwise
agreed by the parties.
h) Initiation of Mass
Arbitration Before FedArb. Notwithstanding
Sections 22.3 and 22.6(g), if 20 or more demands for arbitration are filed
relating to the same or similar subject matter and sharing common issues of law
or fact, and counsel for the parties submitting the demands are the same or
coordinated, you and we agree that this will constitute a “Mass Arbitration.”
If a Mass Arbitration is commenced, you and we agree
that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a
Mass Arbitration shall be administered by FedArb, a
nationally recognized arbitration provider, and governed by the FedArb Rules in effect when the Mass Arbitration is filed,
excluding any rules that permit arbitration on a class-wide basis (the “FedArb Rules”), and under the rules set forth in this
Agreement. The FedArb Rules are available at https://www.fedarb.com/ or by calling 1-650-328-9500. You
and we agree that the Mass Arbitration shall be resolved using FedArb’s Framework for Mass Arbitration Proceedings
ADR-MDL, available at https://www.fedarb.com/.
Before any Mass Arbitration is filed with FedArb, you
and we agree to contact FedArb jointly to advise that
the parties intend to use FedArb’s Framework for Mass
Arbitration Proceedings ADR-MDL. The individual demands comprising the Mass
Arbitration shall be submitted on FedArb’s claim
form(s) and as directed by FedArb.
Consistent with Section 22.6(a) above, you and Epson agree that if either party
fails or refuses to commence the Mass Arbitration before FedArb,
you or Epson may seek an order from a court of competent jurisdiction
compelling compliance with this Section 22.6(h) and compelling administration
of the Mass Arbitration before FedArb. Pending
resolution of any such requests to a court, you and we agree that all
arbitrations comprising the Mass Arbitration (and any obligation to pay
arbitration fees) shall be stayed. You and Epson acknowledge that either
party’s failure to comply with the provisions of this Section 22.6(h) would
irreparably harm the other, and you and Epson agree that a court may issue an
order staying the arbitrations (and any obligation to pay arbitration fees)
until any disagreements over the provisions of this Section 22.6(h) are
resolved by the court.
22.7 30 Day Opt-out
Right. You may elect to opt-out (exclude yourself) from the final, binding,
individual arbitration procedure and waiver of class proceedings set forth in
Sections 22.3 to 22.6 of this Agreement by sending a written letter to the
Epson address listed above in Section 22.2 within thirty (30) days of your
assent to this Agreement that specifies (i) your
name, (ii) your mailing address, and (iii) your request to be excluded from the
final, binding individual arbitration procedure and waiver of class proceedings
specified in this Section 22. In the event that you opt-out
consistent with the procedure set forth above, all other terms set forth in the
Agreement, including this Section 22, shall continue to apply, including the
requirement to provide notice prior to litigation. If you opt-out
of these arbitration provisions, Epson will also not be bound by them.
22.8 Amendments to
Section 22. Notwithstanding any provision in this Agreement to the
contrary, you and Epson agree that if Epson makes any future amendments to the
dispute resolution procedure and class action waiver provisions (other than a
change to Epson’s address) in this Agreement, Epson will obtain your
affirmative assent to the applicable amendment. If you do not affirmatively
assent to the applicable amendment, you are agreeing
that you will arbitrate any Dispute between the parties in accordance with the
language of this Section 22 (or resolve disputes as provided for in Section 22,
if you timely elected to opt-out) when you first assented to this Agreement.
22.9 Severability.
If any provision in this Section 22 is found to be unenforceable, that
provision shall be severed with the remainder of this Agreement remaining in
full force and effect. The foregoing shall not apply to the prohibition against
class actions as provided in Section 22.5. This means that if Section 22.5 is
found to be unenforceable, the entire Section 22 (but only Section 22) shall be
null and void.
23. For New Jersey
Residents. NOTWITHSTANDING ANY TERMS SET FORTH IN THIS AGREEMENT, IF ANY OF
THE PROVISIONS SET FORTH IN SECTIONS 6 OR 7 ARE HELD UNENFORCEABLE, VOID OR
INAPPLICABLE UNDER NEW JERSEY LAW, THEN ANY SUCH PROVISION SHALL NOT APPLY TO
YOU BUT THE REST OF THE AGREEMENT SHALL REMAIN BINDING ON YOU AND EPSON.
NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, NOTHING IN THIS AGREEMENT IS
INTENDED TO, NOR SHALL IT BE DEEMED OR CONSTRUED TO, LIMIT ANY RIGHTS AVAILABLE
TO YOU UNDER THE TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT.
24. Other
Governing Law and General Matters
(IF YOU ARE LOCATED IN JAPAN,
THE FOLLOWING SECTION APPLYS TO YOU)
24.1 Governing
Law and Jurisdiction. This Agreement shall be governed by and construed in
accordance with the laws of Japan, without giving effect to its conflicts of laws provisions. In case of any dispute regarding the
Software between you and Epson, the Tokyo District Court shall be the agreed
court with exclusive jurisdiction. The application of the United Nations
Convention of Contracts for the International Sale of Goods is expressly
excluded in all cases.
(IF YOU ARE LOCATED IN EUROPE,
MIDDLE EAST and AFRICA, THE FOLLOWING SECTION APPLYS TO YOU)
24.2 Governing
Law and Jurisdiction. This section shall apply to all disputes between you
and Epson. Any dispute between you and Epson, whether in contract or in tort,
shall be heard and determined by the courts of Amsterdam in the Netherlands,
unless we give notice to you requiring it to be heard and determined in a
country in which you have you Residence. You irrevocably consent to the
registration and enforcement in and by the courts of any other country of any
judgement obtained against you in the Courts of Amsterdam in the Netherlands,
or such other permitted country, and undertake not to challenge or obstruct any
such registration or enforcement proceedings.
(IF YOU ARE LOCATED IN
SOUTHEAST ASIA, THE FOLLOWING SECTION APPLYS TO YOU)
24.3 Governing
Law and Jurisdiction. This Agreement shall be governed by and construed in
accordance with the laws of the country in which you have Residence. This
section shall apply to all disputes between you and Epson. Any dispute,
controversy or claim arising out of or relating to this Agreement, or the
breach, termination or invalidity thereof shall be settled by arbitration in
accordance with the UNCITRAL Arbitration Rules as at present in force and to be
administered by the Singapore International Arbitration Centre. The number of
arbitrators shall be one (1), and such arbitrator shall be appointed by Epson.
The place and seat of arbitration shall be the country in which you have
Residence, unless otherwise determined by Epson. You agree that the decision of
the arbitrator shall be final and binding, and you undertake not to challenge
or obstruct any such registration or enforcement proceedings. The language used
in the arbitration proceedings shall be English.
(IF YOU ARE LOCATED IN CHINA,
THE FOLLOWING SECTION APPLYS TO YOU)
24.4 Governing
Law and Jurisdiction. This
Agreement shall be governed by and construed in accordance with the laws of the
People's Republic of China. All disputes arising from or in connection with
this Agreement shall be resolved through friendly consultation. If such
disputes cannot be resolved through such consultation, such disputes shall be submitted
to Beijing Arbitration Commission for arbitration in accordance with its rules
of arbitration in effect at the time of applying for arbitration. The seat of
arbitration shall be Beijing. The arbitral award is final and binding upon both
parties.
[2026]
Appendix A: Additional terms and conditions specific to the Software.
A-1. Additional License for software listed in Table A.
(i) to install (including activating the license for the Software, “License Activation”, hereinafter) the Software on
a single computer, as the Device, controlled by you solely for the purpose of
operating the Epson Hardware controlled by You. If you have an Installation
Media (“Installation Media” means a tangible media of Epson brand recording “Epson
Robot Software Installer”), you may install the Software on multiple Devices by
using the Installation Media. However, License Activation is limited to one
computer for the Software “RC+ 8.0 Version 8.1.x.x Basic Edition”, “RC+ 8.0
Version 8.1.x.x Standard Edition” or “RC+ 8.0 Version 8.1.x.x Premium Edition”;
and
(ii) to
make backup copies of the Software solely for the purpose of supporting your
use of the Epson Hardware.
(iii) to
provide a third party, at your own risk, with library files created with
Library Builder of RC+ 8.0 Version 8.1.x.x Premium Edition or RC+ 8.0
Version 8.1.x.x Premium Edition Pilot License only in the case the Software
means RC+ 8.0 Version 8.1.x.x Premium Edition or RC+ 8.0
Version 8.1.x.x Premium Edition Pilot License, provided that you agree and
cause such third party agree, that (a) such providing is done by you and not by
Epson, and (b) any agreement with such third party for such providing is
between you and not Epson. In addition, such agreement will include all the
terms and conditions as follows:
-The
library files may only be used for the purpose of using the software listed in
Table A for which such third party has a right of use;
-Attempt to
reverse engineer, decompile, disassemble or otherwise attempt to discover the
source code of the library files are prohibited; and
-Circumvents
any technical limitations on the library files are prohibited, where such
technical limitations allow users to use the library files only in certain
ways.
(iv)to create
extension software (hereinafter referred to as the “Extension”) for the purpose
of adding functions to the Software, only in the case where the Software means
RC+ 8.0 Premium Edition or RC+ 8.0 Premium Pilot License (each Version 8.1.3.0
or later, collectively referred to hereinafter as “RC+ 8.0 Premium”), and to
provide such Extension to a third party at your own risk; provided, however,
that creating the Extension requires the use of the RC+ Extensions SDK. In
addition, when using the RC+ Extensions SDK, you must agree to the RC+
Extensions SDK End User Software License Agreement described in Appendix B.
(v)to use the Extension only in the case
where the Software means RC+ 8.0 Premium; provided, however, that you agree to
the following:
(a) that
you shall comply with the end user license terms prescribed by the distributor
of the Extension for the use of such Extension; provided, however, that this
Agreement, and not such end‑user
license terms, shall apply to RC+ 8.0 Premium in connection with your use of
the Extension;
(b) that if
the distributor of the Extension is not Epson, all support, warranty, and
claims concerning such Extension shall be the sole responsibility of such
distributor and not Epson; and
(c) that if
Epson is the distributor of the Extension, you shall comply with the RC+
Extensions End User License Agreement set forth in Appendix C to this Agreement
as the license terms for such Extension.
(d) that
you shall not engage in any of the following acts:
(d-i) using the Extension either alone or in combination with
software other than RC+ 8.0 Premium;
(d-ii)
modifying, adapting, or translating the Extension;
(d-iii)
attempting to reverse engineer, decompile, disassemble, or otherwise attempt to
discover the source code of the Extension;
(d-iv)
using the Extension in any way that is against the law;
(d-v)
removing, minimizing, blocking or modifying any notices of Epson or its
licensors within the Extension;
(d-vi)
using the Extension in any manner that circumvents technical limitations
designed to allow you to use the Extension only in certain ways;
(d-vii) shipping,
transferring, exporting, or using the Extension in any country or in any manner
prohibited by the export control laws of the United States and other countries
or any other export laws, restrictions or regulations.
(d-viii)
using the Extension in any manner that infringes
the rights of Epson or any other person, causes damage to Epson or any other
person, or results in unauthorized access to, or malfunction of, any equipment
used by Epson or any other person.
A-2. Additional Restrictions for software listed in Table A.
(i) Use of the Software is granted only for the computer,
as the Device, associated with the Software, where such association is limited
in a manner specified by Epson.
(ii)
Transfer the Software requires complying with all the terms of this Agreement
and transferring the Installation Media along with any other materials required
by this Agreement. In addition, transfer the Software after License Activation
requires transferring the computer on which the Software has been activated and
activation key for the License Activation along with any other materials required
by this Agreement for the Software “RC+ 8.0 Version 8.1.x.x Basic Edition”. For the avoidance of
doubt, you still have the right to use the Software after transferring the
Software, provided that you still
remain the computer on which the Software has been activated even after the
transfer.
(iii) You
can check the license term of the Software on the "License Settings"
screen within the Software. In addition, the following license term and fees apply to the following Software:
-RC+ 8.0
Version 8.1.x.x Lite Edition: Free of charge with use of Epson Hardware.
-RC+ 8.0
Version 8.1.x.x Basic Edition: Available for a fee.
-RC+ 8.0 Version
8.1.x.x Trial Edition: Free of charge for 30 days from License Activation of
the Software
-RC+ 8.0
Version 8.1.x.x Standard Edition Pilot License: Free
of charge from the date of License Activation until May 31, 2026. However, the license
must be activated by March 31, 2026 (including that date). Thereafter the
license may be available for a fee.
-RC+ 8.0 Version 8.1.x.x Premium Edition Pilot License: Free of charge from
the date of License Activation until May 31, 2026. However, the license must be
activated by March 31, 2026 (including that date). Thereafter the license may
be available for a fee.
-RC+ 8.0
Version 8.1.x.x Standard Edition: Available for a fee.
-RC+ 8.0
Version 8.1.x.x Premium Edition: Available for a fee.
(iv) License
Activation requires the following information to be sent to Epson from the
Device: identification information (e.g., device ID, OS information, and country
information) and license key information. We use this information only for the
purpose of license authentication and license management.
(v) Epson collect information and measure usage
trends of the Software only if you consent to participate in the usage survey
of the Software (hereinafter referred to as the “Usage Survey”). Should you
take part in the Usage Survey, the Privacy Statement for Usage Survey, attached
hereto, shall apply.
A-3. Notice for software listed in Table A.
(i) The Software includes part of XVL Kernel,
which is the copyrighted work of Lattice Technology Co., Ltd., as Third-Party
Components, and the copyright and other rights therein belong to Lattice
Technology Co., Ltd provided that the Software is "Epson RC+ x.x" other than "Epson RC+ x.x
Express Edition" where each of the x.x
represents its software version number.
B-1. Additional Restrictions for software listed in Table B1.
(i) Use of the Software requires the purchase
of a separate paid license for the Software listed in Table B1 in addition to
the software listed in Table A. Upon expiration of the license term for the software
listed in Table A, your use of the Software listed in Table B1 will cease in
whole or in part at that time.
(ii) Use of the Software is granted only for the Epson brand robot
controller, as the Device, associated with the Software, where such association
is limited in a manner specified by Epson.
(iii) Transfer the Software after License Activation requires transfer
of the Epson brand robot controller associated with the Software, where such
association is limited in a manner specified by Epson.
B-2. Additional Restrictions for software listed in Table B2.
(i) Use of the Software requires the purchase
of a separate paid license for the Software listed in Table B2 in addition to
the software listed in Table A. Upon expiration of the license term for the software
listed in Table A, your use of the Software listed in Table B2 will cease in
whole or in part at that time.
(ii) Use of the Software is granted only for a single computer, as the
Device, connected to an USB device associated with the Software, where such
association is limited in a manner specified by Epson.
(iii) Transfer your rights to use the Software requires transfer of the USB
device associated with the Software, where such association is limited in a
manner specified by Epson.
Table A
RC+ 8.0
Version 8.1.x.x Trial
RC+ 8.0
Express Edition Version 1.1.x.x
RC+ 8.0
Express Edition Trial Version 1.1.x.x
RC+ 8.0
Version 8.1.x.x Lite Edition
RC+ 8.0
Version 8.1.x.x Basic Edition
RC+ 8.0
Version 8.1.x.x Standard Edition
RC+ 8.0
Version 8.1.x.x Premium Edition
Table B1
External Control Point 8.0
RC+ API 8.0
Vision Guide 8.0
OPC UA for Robotics Part1 8.0
Conveyor Tracking 8.0
GUI Builder 8.0
OCR 8.0
Fieldbus Master 8.0
Part Feeding 8.0
RC+ Express Advanced 8.0
FC 8.0 for 3rd party sensor
Arm Length Calibration 8.0
PLC function block 8.0
Safety Function 8.0 (SLS/SLP)
Vibration Reduction
Technology 8.0 LIC
Real Time Motion Control 8.0 LIC
SRCI 8.0 LIC
Table B2
ECP 8.0 for USB Key
RC+ API 8.0 for USB
Key
Vision Guide 8.0 for
USB Key
OPC UA for RB Pt1 8.0
for USB Key
Conveyor Tracking 8.0
for USB Key
GUI Builder 8.0
License for USB Key
OCR 8.0 License for
USB Key
Fieldbus Master 8.0
for USB Key
Part Feeding 8.0
License for USB Key
RC+ Express Advanced
8.0 for USB Key
FC 8.0 LIC for 3rd
party for USB Key
Safety 8.0 LIC
(SLS/SLP) for USB Key
VRT 8.0 for USB Key
Real Time Motion 8.0
LIC for USB key
SRCI 8.0 LIC for USB
key
[RC+8 Ver1.4/2026]
Appendix B: END
USER SOFTWARE LICENSE AGREEMENT |RC+ Extensions SDK|
NOTICE TO USER: PLEASE READ THIS RC+ EXTENSIONS SDK AGREEMENT (“SDK
Agreement”) CAREFULLY BEFORE INSTALLING OR USING RC+ EXTENSIONS SDK. Unless
otherwise expressly provided, the terms used in this Appendix B shall have the
meanings given in the main body of this Agreement and Appendix A.
IF YOU ACQUIRE RC+ EXTENSIONS SDK IN AUSTRALIA, SECTIONS 17-19 OF THIS
DOCUMENT MAY APPLY TO YOU. SECTIONS 18.1 AND 19.1 DESCRIBE WHEN THESE SECTIONS
MAY APPLY. SECTIONS 17-19 SET OUT MANDATORY STATUTORY PROTECTIONS WHICH CANNOT
BE EXCLUDED UNDER LAW. WHERE INDICATED, OTHER TERMS IN THIS SDK AGREEMENT ARE
SUBJECT TO SECTIONS 17-19.
IF YOU ARE LOCATED IN
THE UNITED STATES, SECTIONS 20-23 OF THIS DOCUMENT APPLY TO YOU. SECTION 22
CONTAINS A BINDING ARBITRATION PROVISION THAT LIMITS YOUR ABILITY TO SEEK
RELIEF IN A COURT BEFORE A JUDGE OR JURY, AND WAIVES
YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS FOR CERTAIN
DISPUTES. AN “OPT-OUT” IS AVAILABLE UNDER SECTION 22.7 FOR THOSE WHO WISH TO BE
EXCLUDED FROM THE ARBITRATION AND CLASS WAIVER.
This SDK Agreement is a legal
agreement between you, who has obtained License Activation for RC+ 8.0 Premium,
and Epson for the enclosed RC+ Extensions SDK, including any related
documentation, or updates (collectively referred to hereinafter as the “SDK”).
BEFORE INSTALLING, COPYING OR OTHERWISE USING THE SDK, YOU NEED TO REVIEW AND
AGREE TO THE TERMS AND CONDITIONS OF THIS SDK AGREEMENT. If you do not agree with the terms
and conditions of this SDK AGREEMENT YOU MAY NOT INSTALL OR USE THE SDK.
If you agree, click on the Agree
(“ACCEPT”, “OK” or any similar representation of agreement) button below if
any.
1. Grant of License.
1.1 Subject to your compliance with the terms and conditions of this SDK
Agreement, and only during the license period of RC+ 8.0 Premium, Epson grants you
a limited, nonexclusive, nonsublicensable and nonassignable license to use the Software, provided that
such use is only as specified in each of the following items:
(i) to
refer to the SDK and/or to reproduce and modify the SDK, only to the extent
necessary for developing your Extension (“Your Extension”); provided, however,
that any modification shall be limited to the source code generated by the
project templates included in the SDK. For the purposes of this SDK Agreement,
“Extension” means extension software intended to add functions to RC+ 8.0
Premium; and
(ii) to distribute Your Extension to an individual or entity
who has obtained License Activation for RC+ 8.0 Premium (the “End Users”) for
the purpose of allowing such End Users to use Your Extension.
For the avoidance of doubt, the
modified SDK shall be treated as the SDK in this SDK Agreement for all purposes
hereunder.
1.2 Epson may use any reports,
ideas, suggestions, recommendations provided by you (the “Feedback”) and
incorporate the Feedback in software, technologies, and services without paying
royalties and without any other obligations or restrictions.
1.3 If you create any intellectual
property rights using or based on the SDK, you shall notify Epson of the fact
of the intellectual property rights before you make or register any
applications for intellectual property rights. The parties shall, in good
faith, discuss jointly whether intellectual property rights in any such inventions
(excluding intellectual property rights in the SDK which shall remain owned by
Epson) should belong to Epson, Recipient or both parties jointly. However, if
the parties agree or if by operation of an applicable law, any intellectual
property rights to or in the SDK belongs to you, you hereby grants an
irrevocable, perpetual, non-exclusive, royalty-free, transferable and
sub-licensable license to Epson and Epson's Affiliates to use, reproduce,
publish, communicate to the public, adapt, modify, distribute, enter into a
commercial rental arrangement, and otherwise deal with such intellectual
property rights.
1.4 You agree to notify Epson
promptly of any claims, damages, losses, liabilities, costs and expenses
(including reasonable attorney’s fees) in connection with the SDK or this SDK Agreement
(collectively, the “Claims”), if Claims are alleged, or in the reasonable
opinion of you, Claims are likely to occur or be alleged.
2. Upgrades
and Updates. Epson may, from time to time, issue an upgrade, updated
version, modified version, or additions to or for the SDK (collectively,
“Updates”). You acknowledge that Epson has no obligation to provide you with
any Updates to the SDK. Unless other terms and
conditions apply, this SDK Agreement will apply to the Updates.
3. Other
Rights and Limitations. You agree not to use or copy the SDK in any way,
except as otherwise licensed herein, or transfer your rights licensed under
this SDK Agreement in any way, except as otherwise licensed herein. Unless
otherwise licensed, you agree not to modify, adapt or translate the SDK and
further agree not to attempt to reverse engineer, decompile, disassemble or
otherwise attempt to discover the source code of the SDK. You agree to comply
with any technical limitations in the SDK that allow you to use the SDK only in
certain ways and not to use the SDK in any ways that
circumvents any technical limitations in the SDK. You may not sublicense, rent,
lease, distribute, lend the SDK to third parties, except as otherwise licensed
herein. You may not use the SDK use the Extension in
any way that is against the law, nor may you remove, minimize, block, or modify
any notices of Epson or its licensors within the SDK. The SDK 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 SDK onto or into a shared environment
accessible via a public network such as the Internet or otherwise accessible by
others other than licensed herein unless otherwise licensed.
4. Ownership.
Title, ownership rights, and intellectual property rights in and to the SDK
shall remain with Epson or its licensors and suppliers. The SDK is protected by
United States Copyright Law, copyright laws of Japan 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 SDK and this
License shall not be construed as a sale of any rights
in the SDK. You agree not to remove or alter any copyright, trademark,
registered mark and other proprietary notices on any copies of the SDK. Epson
and/or its licensors and suppliers reserve all rights not granted. The SDK may
also contain images, illustrations, designs and photos (“Materials”), and the
copyright of such material belongs to Epson and/or its licensors and suppliers,
protected by national and/or international intellectual property laws,
conventions and treaties.
5. Open
Source and Other Third-Party Components. Notwithstanding
the foregoing license grant, you acknowledge that certain components of the SDK
may be covered by third-party licenses, including so-called “open source”
software licenses, which means any software licenses approved as open source
licenses by the Open Source Initiative or any substantially similar licenses,
including without limitation any license that, as a condition of distribution
of the software licensed under such license, requires that the distributor make
the software available in source code format (such third-party components,
“Third-Party Components”). A list of Third-Party Components, and associated
license terms (as required), for particular versions of the SDK is indicated at
https://support.epson.net/terms/, the end of this SDK Agreement,
relevant user manual/storage media, or the license information displayed on
your Device/in SDK. To the extent required by the licenses covering Third-Party
Components, the terms of such licenses will apply in lieu of the terms of this SDK
Agreement. To the extent the terms of the licenses applicable to Third-Party
Components prohibit any of the restrictions in this SDK Agreement with respect
to such Third-Party Components, such restrictions will not apply to such
Third-Party Component.
6. Disclaimer
of Warranty and Remedy. Subject to Section 18.1 (which may apply to you if
you acquire goods and services from Epson in Australia), you acknowledge and
agree that the use of the SDK is at your sole risk. THE SDK IS PROVIDED
"AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND. EPSON AND ITS SUPPLIERS
DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING
THE SDK. Epson does not warrant that the operation of the SDK will be uninterrupted,
error free, free from viruses or other harmful components or vulnerabilities,
or that the functions of the SDK will meet your needs or requirements. 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 SDK resulted from accident, abuse, or misapplication. THE
STATED LIMITED WARRANTIES AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS.
EPSON DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND
FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH
APPLICABLE LAWS AND REGULATIONS, CURRENCY, COMPLETENESS, AND ACCURACY. SOME
STATES OR JURISDICTIONS, HOWEVER, DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF
IMPLIED WARRANTIES, AND IN SUCH STATES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
7. Limitation of
Liability. Subject to Section 18.1 and/or 19.1 (which may apply to you if
you acquire goods and services from Epson in Australia), TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EPSON OR ITS SUPPLIERS BE LIABLE
FOR ANY DAMAGES, WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE,
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SDK, OR ARISING OUT OF THE EXERCISE
OF RIGHT UNDER THIS SDK AGREEMENT, OR ARISING OUT OF THIS AGREEMENT, EVEN IF
EPSON OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES IN
CERTAIN TRANSACTIONS, AND IN SUCH STATES, THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY. UNLESS THE ABOVE RESTRICTIONS
APPLY, EPSON’S TOTAL LIABILITY FOR DAMAGES (CUMULATIVE LIABILITY) SHALL BE
LIMITED TO THE PURCHASE PRICE OF RC+ 8.0 PREMIUM.
7.2 Your Responsibilities.
7.2.1 You
represent and warrant that your entering into this SDK Agreement and your use
of the SDK (including the development and distribution of Your Extension) (i) do not infringe any rights of any third party or Epson,
including intellectual property rights and moral rights; (ii) do not breach any
contract with any third party or Epson; (iii) do not cause, or attempt to
cause, unauthorized access to or malfunction of any equipment used by any third
party or Epson; (iv) do not contain any defamatory, hateful, racially,
ethnically, or religiously prejudiced, or otherwise abusive, pornographic, or
obscene content; and (v) do not violate any applicable laws, regulations, or
public order.
7.2.2 You
shall be solely liable for Your Extension, and
indicate on Your Extension to the effect that the Your Extension is provided by
you, not Epson. You may
enter into an end user license agreement with the End Users for the purpose of
allowing them to use Your Extension. However, you agree that such end user license agreement shall contain terms
that do not conflict with the conditions set forth in Appendix A A‑1(v) (d) of
this Agreement.
7.2.3 You
shall require the End Users to direct any inquiries regarding the content,
usage, or troubles of Your Extension, as well as any claims relating to Your
Extension, to you and not to Epson. You acknowledge and agree, and shall cause
the End Users to agree, that Epson bears no obligations, responsibilities,
support duties, technical assistance, or any other liabilities whatsoever with
respect to Your Extension or to End Users who use Your Extension.
8. U.S. Government Acquisition of the SDK. This
Section applies to all acquisitions of the SDK by or for the U.S. Government
(“Government”), or by any prime contractor or subcontractor (at any tier) under
any contract, grant, cooperative agreement, “other transaction” (“OT”), or
other activity with the Government. By accepting delivery of the SDK, the
Government, any prime contractor, and any subcontractor agree (a) that the SDK
qualifies as "Commercial products," as that term is defined at 48
C.F.R. Section2.101, consisting of “Commercial computer software” and
“Commercial computer software documentation,” as such terms are used in 48
C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable, and (b)
that consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections 227.7202-1
through 227.7202-4, as applicable, the SDK is provided to the Government only
as a Commercial product and with only those rights as are granted to all other End
Users pursuant to this SDK Agreement. The terms and conditions of this SDK Agreement
govern the Government’s (and the prime contractor and subcontractor’s) use and
disclosure of the SDK, and supersede any conflicting
terms and conditions of the contract, grant, cooperative agreement, OT, or
other activity pursuant to which the SDK is delivered to the Government. If
this SDK fails to meet the Government’s needs, if this SDK Agreement is
inconsistent in any respect with Federal law, or if the above provisions of 48.
C.F.R do not govern, the Government agrees to return the SDK, unused, to Epson.
9. Export Restriction.
You agree that the SDK will not be shipped, transferred
or exported into any country or used in any manner prohibited by export control
laws in the United States and other countries or any other export laws,
restrictions or regulations.
10. Entire
Agreement. Subject to Section 19.1 (which may apply to you if you acquire
goods and services from Epson in Australia), this SDK Agreement is the entire
agreement between the parties related to the SDK and supersedes any purchase
order, communication, advertisement, or representation concerning the SDK.
11. Binding
Agreement; Assignees. This SDK Agreement shall be binding upon, and inure
to the benefit of, the parties hereto and their respective successors, assigns
and legal representatives.
12. Severability.
If any provision herein is found void or unenforceable by a court of competent
jurisdiction (subject to Section 22.8 and 22.9 if you are a located in the
U.S.), it will not affect the validity of the balance of the SDK Agreement,
which shall remain valid and enforceable according to its terms.
13. Indemnification.
Subject to Section 19.1 (which may apply to you if you acquire goods and
services from Epson in Australia), you agree that you will indemnify and hold
harmless, and upon Epson’s request, defend Epson and its directors, officers,
shareholders, employees and agents from and against any and all losses,
liabilities, damages, costs, expenses (including reasonable attorneys’ fees),
actions, suits, and claims arising from (i) any
breach of any of your obligations in this SDK Agreement or (ii) any use of the
SDK. If Epson asks you to defend any such action, suit or claim, Epson will
have the right, at its own expense, to participate in the defense thereof with
counsel of its choice. You will not settle any third-party claims for which
Epson is entitled to indemnification without the prior written approval of
Epson.
14. Termination.
14.1 This SDK Agreement shall terminate
automatically upon failure by you to comply with this SDK Agreement, upon the
expiration of the license period for RC+ 8.0 Premium, and/or due to requirement
of law.
14.2 Upon the termination or expiration of this
SDK Agreement, all licenses to the SDK will terminate and you shall discontinue
all use of the SDK, including without limitation, any further production or
distribution of Your Extension. The termination or expiration of this SDK
Agreement will not affect any preexisting licenses for the End Users of the
SDK.
14.3 Epson may terminate this SDK Agreement
immediately by notifying you, if you challenge or
assert rights in or to any intellectual property rights owned by Epson, Epson’s
affiliates, any third party licensee of Epson or their
subcontractor including but not limited to any unauthorized use, reproduction
or distribution of the SDK. You may terminate this SDK Agreement immediately by
notifying Epson, if Epson challenges or asserts rights
in or to any intellectual property rights owned by you regarding the SDK.
14.4 The provisions of Sections 2 through 19 of
this SDK Agreement and Section 1 (other than 1.1 thereof) survive any
termination or expiration of this SDK Agreement. Any termination or expiration
of this SDK Agreement shall not affect the accrued rights or remedies of the
parties.
15. Capacity
and Authority to Contract. You represent that you are of the legal age of
majority in your state or jurisdiction of residence and have all necessary
authority to enter into this SDK Agreement, including, if applicable, due
authorization by your employer to enter into this SDK Agreement. Epson
represents that it has all necessary authority to enter into this SDK Agreement.
16. [Intentionally left blank]
(THE FOLLOWING SECTIONS 17-19 OF THIS DOCUMENT MAY APPLY TO YOU IF
YOU ACQUIRE GOODS OR SERVICES IN AUSTRALIA (SEE SECTIONS 18.1 AND 19.1 FOR
FURTHER INFORMATION AS TO WHEN THESE SECTIONS APPLY)
17. Definition.
For the purpose of the following Sections 18-19 of
this SDK Agreement, the Australian Consumer Law means Schedule 2 of the
Competition and Consumer Act 2010 (Cth).
18.1 Acquiring Product as a Consumer. If you acquire the SDK in
Australia as a consumer under the Australian Consumer Law, which can include
individuals or businesses or other entities of any size, this SDK Agreement is
subject to the following Sections 18.2 and 18.3.
18.2 Australian Consumer Law. Nothing in this SDK Agreement
applies where it would exclude, restrict or modify any right or remedy you may
have under the Australian Consumer Law if such right or remedy cannot lawfully
be excluded, restricted or modified.
Notwithstanding anything to the
contrary in this SDK Agreement, if you acquire goods (other than goods acquired
for the purpose of resupply) and services from Epson as a consumer, they come
with statutory guarantees under the Australian Consumer Law that are not
excluded by any other terms of this SDK Agreement.
The statutory guarantees include
(without limitation) the following:
Goods must be of acceptable
quality. This means they must:
-be safe;
-be free from defects;
-be acceptable in appearance and finish;
-do all the things someone would
normally expect them to do;
-match any demonstration model or sample;
-be fit for the purpose which Epson
has represented to you it would be fit for;
-match the description of the goods
given by Epson; and
-meet any express warranty given by
Epson to you at the time of your purchase about their performance, condition
and quality.
Services provided by Epson must:
-be provided with due care and
skill or technical knowledge;
-be fit for the purpose or give the
results that have been agreed to; and
-be delivered within a reasonable
time when there is no agreed end date.
To the extent that Epson fails to
comply with a consumer guarantee applicable to you under the Australian
Consumer Law you are entitled to the remedies as set out in the Australian
Consumer Law. For major failures with the service, you are entitled:
-to cancel your service contract
with Epson; and
-to a refund for the unused
portion, or to compensation for its reduced value.
You are also entitled to choose a
refund or replacement for major failures with goods.
If a failure with the goods or a
service does not amount to a major failure, you are entitled to have the
failure rectified in a reasonable time. If this is not done, you are entitled
to a refund for the goods and to cancel the contract for the service and obtain
a refund of any unused portion.
You are also entitled to be
compensated for any other reasonably foreseeable loss or damage from a failure
in the goods or service.
18.3 Disclaimer of Warranty
and Remedy. Section 6 will not apply to you. The following section will
apply instead:
EXCEPT THAT NOTHING IN THIS CLAUSE EXCLUDES, RESTRICTS OR MODIFIES ANY
WARRANTIES, GUARANTEES, RIGHTS OR REMEDIES WHICH CANNOT BE EXCLUDED UNDER THE
AUSTRALIAN CONSUMER LAW: (1) THE SDK IS PROVIDED “AS IS” AND WITHOUT ANY
WARRANTY OF ANY KIND; (2) EPSON AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SDK; (3) Epson does not
warrant that the operation of the SDK will be uninterrupted, error free, free
from viruses or other harmful components or vulnerabilities, or that the
functions of the SDK will meet your needs or requirements; (4) Epson is not liable for performance delays or for
non-performance due to causes beyond its reasonable control; and (5) EPSON
DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE, COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, CURRENCY,
COMPLETENESS, AND ACCURACY.
19.1 Acquiring Product
under a Consumer or Small Business Contract. If:
(a) you are an individual and you
acquire the SDK wholly or predominantly for personal, domestic or household use
or consumption; or
(b) this SDK Agreement constitutes
a small business contract (as that term is defined in the Australian Consumer
Law from time to time),
then the following Sections 19.2-19.3
will apply to you.
19.2 Limitation of Liability. Section
7 will not apply to you. The following section will apply instead:
Subject to Section 18.1, IN NO EVENT WILL A PARTY OR ITS SUPPLIERS
BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY,
BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SDK, OR ARISING OUT OF THE EXERCISE OF RIGHT UNDER THIS SDK
AGREEMENT, OR ARISING OUT OF THIS SDK AGREEMENT, EVEN IF THAT PARTY OR ITS
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. A PARTY’S
TOTAL LIABILITY FOR DAMAGES (CUMULATIVE LIABILITY) SHALL BE LIMITED TO THE
PURCHASE PRICE OF RC+ 8.0 PREMIUM.
19.3 Entire Agreement; Indemnification. Sections 10 (Entire
Agreement) and 13 (Indemnification) will not apply to you.
(IF YOU ARE LOCATED IN
THE UNITED STATES, THE FOLLOWING SECTIONS 20-23 APPLY TO YOU)
20. [Intentionally
left blank]
21. [Intentionally
left blank]
22. DISPUTES, BINDING
INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
22.1 Disputes. The
terms of this Section 22 shall apply to all Disputes between you and Epson. The
term “Dispute” is meant to have the broadest meaning permissible under law or
in equity and includes any past, present, or future dispute, claim, controversy
or action between you and Epson including those that arose before the existence
of this or any prior Agreement arising out of or relating to this SDK Agreement
(including its formation, performance, or breach), the SDK, Epson Hardware, the
parties’ relationship with each other and/or any other transaction involving
you and Epson, whether in contract, or with respect to warranty,
misrepresentation, fraud, tort, intentional tort, statute, regulation,
ordinance, or any other legal or equitable basis. However, a “Dispute” does not
include a claim or cause of action for (a) trademark infringement or dilution,
(b) patent infringement, (c) copyright infringement or misuse, or (d) trade
secret misappropriation (an “IP Claim”). A “Dispute” also does not include a
request for public injunctive relief. You and Epson agree, consistent with
Section 22.6(a), that a court, not an arbitrator, may decide if a claim or
cause of action is for an IP Claim, as well as whether a claim seeks public
injunctive relief.
22.2 Initial Dispute
Resolution. Before submitting a claim for arbitration in accordance with
this Section 22, you and Epson agree to try, for sixty (60) days, to resolve
any Dispute informally. If Epson and you do not reach an agreement to resolve
the Dispute within the sixty (60) days, you or Epson may commence an
arbitration in accordance with Section 22.6. Notice to Epson must be addressed
to: Epson America, Inc., ATTN: Legal Department, 3131 Katella Avenue, Los
Alamitos, CA 90720-2335. Any notice of the Dispute shall include the sender’s
name, address and contact information, the facts giving rise to the Dispute,
and the relief requested. Any notice sent to you will be sent to the most
recent address Epson has in its records for you. For this reason, it is
important to notify us if your address changes by emailing us at
EAILegal@ea.epson.com or writing us at the address above. You and Epson agree
to act in good faith to resolve the Dispute before commencing arbitration in
accordance with this Section 22. To minimize the cost and inconvenience to all
parties, and to promote prompt resolution of Disputes, you and we agree that
engaging in this initial dispute resolution process is a material term of this SDK
Agreement and a requirement that must be fulfilled before commencing any
arbitration.
Consistent with Section 22.6(a), you and Epson agree that any disagreements
regarding compliance with this Section 22.2 shall be decided by a court, not an
arbitrator; pending resolution of any such disagreements by a court, which may
include requests to compel compliance with this Section 22.2, you and we agree
that arbitration (as well as any obligation to pay arbitration fees) shall be
stayed until the initial dispute resolution process in Section 22.2 is
complete. You and Epson acknowledge that either party’s failure to comply with
the provisions of this Section 22.2 would irreparably harm the other, and you
and Epson agree that a court may issue an order staying arbitration (and any
obligation to pay arbitration fees) until the initial dispute resolution
process in this Section 22.2 is complete.
22.3 Binding
Arbitration. If we do not reach an agreed upon solution within a period of
sixty (60) days from the time informal dispute resolution is pursued pursuant
to Section 22.2 above, then either party may initiate binding arbitration.
Except as stated below in Section 22.4, you and Epson agree that all Disputes
shall be resolved by binding arbitration according to this SDK Agreement.
ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT
PROCEEDING, AND YOUR RIGHT TO DISCOVERY AND GROUNDS FOR APPEAL ARE MORE LIMITED
THAN IN COURT. Pursuant to this SDK Agreement, and except as stated below in
Section 22.6(h), binding arbitration shall be administered by JAMS, a
nationally recognized arbitration provider, pursuant to the JAMS Streamlined
Arbitration Rules and Procedures or its applicable code of procedures then in
effect for consumer related disputes, but excluding any rules that permit class arbitration.
For more detail on the procedure to initiate arbitration and what your demand
for arbitration should include, see Sections 22.6(g) and 22.6(h) below. You and
Epson understand and agree that (a) the Federal Arbitration Act (9 U.S.C. §§ 1
et seq.) governs the interpretation and enforcement of this Section 22, (b) this
SDK Agreement memorializes a transaction in interstate commerce, and (c) this
Section 22 shall survive termination of this SDK Agreement.
22.4 Exception - Small
Claims Court. Notwithstanding the parties’ agreement to resolve Disputes
through arbitration, either party can elect to have an individual claim
resolved in small claims court of your state or municipality if the action is
within that court’s jurisdiction, even if the claim was initiated by another
party in a different forum.
22.5 WAIVER OF CLASS
ACTION AND CLASS ARBITRATION. YOU AND EPSON AGREE THAT EACH PARTY MAY BRING
DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A
CLASS action or class arbitration. If any court or arbitrator determines that
the class action waiver set forth in this paragraph is void or unenforceable
for any reason or that an arbitration can proceed on a class basis, then the
arbitration provision set forth above in Section 22.3 shall be deemed null and
void in its entirety and the parties shall be deemed to have not agreed to
arbitrate disputes.
22.6 Arbitration
Procedure.
a) The arbitrator shall be
empowered to grant whatever relief would be available in a court under law or
in equity, except for requests for public injunctive relief, if any, which
shall be decided by a court, not an arbitrator. If either party seeks public injunctive
relief, that request for relief shall be severed from any arbitration
proceeding and stayed pending a final determination of the arbitration. Nothing
in Section 22 of this SDK Agreement shall be construed as a waiver of either
party’s right to seek public injunctive relief, and you and we agree to
cooperate to effect the stay of any requests for
public injunctive relief.
The arbitrator is bound by the terms of this SDK Agreement. The arbitrator, and
not any federal, state or local court or agency, shall have exclusive authority
to resolve all disputes arising out of or relating to the interpretation,
applicability, enforceability or formation of this SDK Agreement, including any
claim that all or any part of this SDK Agreement is void or voidable.
Notwithstanding this broad delegation of authority to the arbitrator, and
consistent with Sections 22.1, 22.2, 22.6(a) and 22.6(h) of this SDK Agreement,
a court may determine: (i) the limited question of
whether a claim or cause of action is for an IP Claim, which is excluded from
the definition of “Disputes” in Section 22.1 above; (ii) disagreements
regarding compliance with the initial dispute resolution provisions in Section
22.2 above; (iii) disagreements regarding claims for public injunctive relief
as set forth in this Section 22.6(a); and/or (iv) disagreements regarding the
provisions for “Mass Arbitration” in Section 22.6(h) below.
b) Costs of Arbitration
and Legal Fees. In some instances, the costs of arbitration can exceed the
costs of litigation. Each party will have the right to use legal counsel in
connection with arbitration at its own expense. If, however, the arbitrator
determines that a claim or defense asserted by you or Epson is patently
frivolous or in bad faith, the arbitrator may award the reasonable legal fees
and costs incurred by the other party defending against the claim or defense.
By way of illustration only, and without limitation, a patently frivolous claim
may be found where it is based on a product never purchased by a claimant.
c) Discovery. The
discovery or exchange of non-privileged information relevant to the Dispute may
be allowed during the arbitration. The right to discovery may be more limited
in arbitration than in court.
d) Awards. The
arbitrator’s award is binding and may be entered as a judgment in any court of
competent jurisdiction.
e) Hearing Format and
Location. You may choose to engage
in arbitration hearings by telephone or, if you and we both agree, to conduct
it online, in lieu of appearing live. Arbitration hearings not conducted by
telephone or online shall take place in a location
reasonably accessible from your primary residence, or in Orange County,
California, at your option.
f) Settlement Offers.
During the arbitration, the amount of any settlement offer made shall not be
disclosed to the arbitrator until after the arbitrator determines the amount,
if any, to which you or Epson is entitled.
g) Initiation of
Arbitration Proceeding Before JAMS. Except as stated in Section 22.6(h)
below, if you or Epson commences arbitration, the arbitration shall be governed
by the JAMS Streamlined Arbitration Rules and Procedures or the applicable
rules of JAMS that are in effect when the arbitration is filed, excluding any
rules that permit arbitration on a class-wide basis (the “JAMS Rules”),
available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the
rules set forth in this SDK Agreement. All Disputes shall be resolved by a
single neutral arbitrator, which shall be selected in accordance with the JAMS
Streamlined Arbitration Rules and Procedures, and both parties shall have a
reasonable opportunity to participate in the selection of the arbitrator. If
either you or Epson decides to arbitrate a Dispute before JAMS, both parties
agree to the following procedure:
(i) Write a Demand for Arbitration. The demand
must include a description of the Dispute and the amount
of damages sought to be recovered. The demand also must identify the product
purchased, identify the date and place of purchase and, if possible, provide
the serial number and proof of purchase. You can find a copy of a demand for
arbitration at http://www.jamsadr.com.
(ii) Send three copies of the
demand for arbitration, plus the appropriate filing fee, to: JAMS, 500 North
State College Blvd., Suite 600 Orange, CA 92868, U.S.A.
(iii) Send one copy of the
demand for arbitration to the other party (at the same address as the notice of
a dispute, above in section 22.2), or as otherwise
agreed by the parties.
h) Initiation of Mass
Arbitration Before FedArb. Notwithstanding
Sections 22.3 and 22.6(g), if 20 or more demands for arbitration are filed
relating to the same or similar subject matter and sharing common issues of law
or fact, and counsel for the parties submitting the demands are the same or
coordinated, you and we agree that this will constitute a “Mass Arbitration.”
If a Mass Arbitration is commenced, you and we agree
that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a
Mass Arbitration shall be administered by FedArb, a
nationally recognized arbitration provider, and governed by the FedArb Rules in effect when the Mass Arbitration is filed,
excluding any rules that permit arbitration on a class-wide basis (the “FedArb Rules”), and under the rules set forth in this SDK Agreement.
The FedArb Rules are available at
https://www.fedarb.com/ or by calling 1-650-328-9500. You and we agree
that the Mass Arbitration shall be resolved using FedArb’s
Framework for Mass Arbitration Proceedings ADR-MDL, available at
https://www.fedarb.com/.
Before any Mass Arbitration is filed with FedArb, you
and we agree to contact FedArb jointly to advise that
the parties intend to use FedArb’s Framework for Mass
Arbitration Proceedings ADR-MDL. The individual demands comprising the Mass
Arbitration shall be submitted on FedArb’s claim
form(s) and as directed by FedArb.
Consistent with Section 22.6(a) above, you and Epson agree that if either party
fails or refuses to commence the Mass Arbitration before FedArb,
you or Epson may seek an order from a court of competent jurisdiction
compelling compliance with this Section 22.6(h) and compelling administration
of the Mass Arbitration before FedArb. Pending
resolution of any such requests to a court, you and we agree that all
arbitrations comprising the Mass Arbitration (and any obligation to pay
arbitration fees) shall be stayed. You and Epson acknowledge that either
party’s failure to comply with the provisions of this Section 22.6(h) would
irreparably harm the other, and you and Epson agree that a court may issue an
order staying the arbitrations (and any obligation to pay arbitration fees)
until any disagreements over the provisions of this Section 22.6(h) are
resolved by the court.
22.7 30 Day Opt-out
Right. You may elect to opt-out (exclude yourself) from the final, binding,
individual arbitration procedure and waiver of class proceedings set forth in
Sections 22.3 to 22.6 of this SDK Agreement by sending a written letter to the
Epson address listed above in Section 22.2 within thirty (30) days of your
assent to this SDK Agreement that specifies (i) your
name, (ii) your mailing address, and (iii) your request to be excluded from the
final, binding individual arbitration procedure and waiver of class proceedings
specified in this Section 22. In the event that you opt-out
consistent with the procedure set forth above, all other terms set forth in the
SDK Agreement, including this Section 22, shall continue to apply, including
the requirement to provide notice prior to litigation. If you opt-out of these arbitration provisions, Epson will also not
be bound by them.
22.8 Amendments to
Section 22. Notwithstanding any provision in this SDK Agreement to the
contrary, you and Epson agree that if Epson makes any future amendments to the
dispute resolution procedure and class action waiver provisions (other than a
change to Epson’s address) in this SDK Agreement, Epson will obtain your
affirmative assent to the applicable amendment. If you do not affirmatively
assent to the applicable amendment, you are agreeing
that you will arbitrate any Dispute between the parties in accordance with the
language of this Section 22 (or resolve disputes as provided for in Section 22,
if you timely elected to opt-out) when you first assented to this SDK Agreement.
22.9 Severability.
If any provision in this Section 22 is found to be unenforceable, that
provision shall be severed with the remainder of this SDK Agreement remaining
in full force and effect. The foregoing shall not apply to the prohibition
against class actions as provided in Section 22.5. This means that if Section
22.5 is found to be unenforceable, the entire Section 22 (but only Section 22)
shall be null and void.
23. For New Jersey
Residents. NOTWITHSTANDING ANY TERMS SET FORTH IN THIS SDK AGREEMENT, IF
ANY OF THE PROVISIONS SET FORTH IN SECTIONS 6 OR 7 ARE HELD UNENFORCEABLE, VOID
OR INAPPLICABLE UNDER NEW JERSEY LAW, THEN ANY SUCH PROVISION SHALL NOT APPLY
TO YOU BUT THE REST OF THE AGREEMENT SHALL REMAIN BINDING ON YOU AND EPSON.
NOTWITHSTANDING ANY PROVISION IN THIS SDK AGREEMENT, NOTHING IN THIS SDK
AGREEMENT IS INTENDED TO, NOR SHALL IT BE DEEMED OR CONSTRUED TO, LIMIT ANY
RIGHTS AVAILABLE TO YOU UNDER THE TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND
NOTICE ACT.
24. Other
Governing Law and General Matters
(IF YOU ARE LOCATED IN JAPAN,
THE FOLLOWING SECTION APPLYS TO YOU)
24.1 Governing
Law and Jurisdiction. This SDK Agreement shall be governed by and construed
in accordance with the laws of Japan, without giving effect to its conflicts of
laws provisions. In case of any dispute regarding the
SDK between you and Epson, the Tokyo District Court shall be the agreed court
with exclusive jurisdiction. The application of the United Nations Convention
of Contracts for the International Sale of Goods is expressly excluded in all
cases.
(IF YOU ARE LOCATED IN EUROPE,
MIDDLE EAST and AFRICA, THE FOLLOWING SECTION APPLYS TO YOU)
24.2 Governing
Law and Jurisdiction. This section shall apply to all disputes between you
and Epson. Any dispute between you and Epson, whether in contract or in tort,
shall be heard and determined by the courts of Amsterdam in the Netherlands,
unless we give notice to you requiring it to be heard and determined in a
country in which you have you Residence. You irrevocably consent to the
registration and enforcement in and by the courts of any other country of any
judgement obtained against you in the Courts of Amsterdam in the Netherlands, or
such other permitted country, and undertake not to challenge or obstruct any
such registration or enforcement proceedings.
(IF YOU ARE LOCATED IN
SOUTHEAST ASIA, THE FOLLOWING SECTION APPLYS TO YOU)
24.3 Governing
Law and Jurisdiction. This SDK Agreement shall be governed by and construed
in accordance with the laws of the country in which you have Residence. This
section shall apply to all disputes between you and Epson. Any dispute,
controversy or claim arising out of or relating to this SDK Agreement, or the
breach, termination or invalidity thereof shall be settled by arbitration in
accordance with the UNCITRAL Arbitration Rules as at present in force and to be
administered by the Singapore International Arbitration Centre. The number of
arbitrators shall be one (1), and such arbitrator shall be appointed by Epson.
The place and seat of arbitration shall be the country in which you have
Residence, unless otherwise determined by Epson. You agree that the decision of
the arbitrator shall be final and binding, and you undertake not to challenge
or obstruct any such registration or enforcement proceedings. The language used
in the arbitration proceedings shall be English.
(IF YOU ARE LOCATED IN CHINA,
THE FOLLOWING SECTION APPLYS TO YOU)
24.4 Governing
Law and Jurisdiction. This SDK
Agreement shall be governed by and construed in accordance with the laws of the
People's Republic of China. All disputes arising from or in connection with this
SDK Agreement shall be resolved through friendly consultation. If such disputes
cannot be resolved through such consultation, such disputes shall be submitted
to Beijing Arbitration Commission for arbitration in accordance with its rules
of arbitration in effect at the time of applying for arbitration. The seat of
arbitration shall be Beijing. The arbitral award is final and binding upon both
parties.
Appendix C: END
USER SOFTWARE LICENSE AGREEMENT |Extension|
NOTICE TO USER: PLEASE READ THIS EXTENSION AGREEMENT (“EXTENSION AGREEMENT”) CAREFULLY BEFORE INSTALLING OR USING ANY EXTENSION CREATED WITH
THE RC+ EXTENSIONS. Unless otherwise expressly provided, the terms used in this
Appendix C shall have the meanings given in the main body of this Agreement and
Appendix A.
IF YOU ACQUIRE THIS EXTENSION IN AUSTRALIA, SECTIONS 17-19 OF THIS
DOCUMENT MAY APPLY TO YOU. SECTIONS 18.1 AND 19.1 DESCRIBE WHEN THESE SECTIONS
MAY APPLY. SECTIONS 17-19 SET OUT MANDATORY STATUTORY PROTECTIONS WHICH CANNOT
BE EXCLUDED UNDER LAW. WHERE INDICATED, OTHER TERMS IN THIS EXTENSION AGREEMENT
ARE SUBJECT TO SECTIONS 17-19.
IF YOU ARE LOCATED IN THE UNITED STATES, SECTIONS 20-23 OF THIS
DOCUMENT APPLY TO YOU. SECTION 22 CONTAINS A BINDING ARBITRATION PROVISION THAT
LIMITS YOUR ABILITY TO SEEK RELIEF IN A COURT BEFORE A JUDGE OR JURY, AND WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS
OR CLASS ARBITRATIONS FOR CERTAIN DISPUTES. AN “OPT-OUT” IS AVAILABLE UNDER
SECTION 22.7 FOR THOSE WHO WISH TO BE EXCLUDED FROM THE ARBITRATION AND CLASS
WAIVER.
This Extension Agreement is a legal agreement between you, who has
obtained License Activation for RC+ 8.0 Premium, and Epson (Seiko Epson
Corporation or, depending on your residence, an affiliated company of Seiko
Epson Corporation) for the Extension separately provided by Epson, including
any related documentation, firmware, or updates (collectively referred to
hereinafter as the “Extension”).
BEFORE INSTALLING, COPYING OR OTHERWISE USING THE EXTENSION, YOU
NEED TO REVIEW AND AGREE TO THE TERMS AND CONDITIONS OF THIS EXTENSION
AGREEMENT. Please note that the RC+ 8.0 End User
Software License Agreement, and not this Extension Agreement, applies to RC+
8.0 Premium. If you do not agree with
the terms and conditions of this EXTENSION Agreement you may not install or use the EXTENSION.
If you agree and the Agree (“ACCEPT”, “OK” or any similar
representation of agreement) button/box is presented at all, click on that
button/box. If you do not agree and the Disagree (“EXIT”, “Cancel” or any
similar representation of disagreement) button/box is presented at all, click
on that button/box.
If you do not agree, you need to delete the Extension if you have
downloaded and obtained the Extension.
In addition, this Extension Agreement does not apply to any
Extension distributed by a third party other than Epson. You shall use such
Extension in accordance with the end user license agreement separately provided
by the distributor of that Extension.
1. Grant of License.
Subject to your compliance with the terms and conditions of this Extension Agreement,
Epson grants you, for the RC+ 8.0 Premium license term only, a limited,
nonexclusive, nonsublicensable and nonassignable license to:
(i) to
use the Extension on a Device solely for the purpose of extending the functions
of RC+ 8.0 Premium managed by you. For the purposes of this Extension Agreement,
“Extension” means extension software intended to add functions to RC+ 8.0 Premium;
(ii) transfer all of your rights to use the
Extension to another person or legal entity, provided that the recipient also
agrees to the terms of this Extension Agreement and you transfer all of the
enclosed materials of this Extension Agreement, including this Extension
Agreement and all backup copies for the Extension to such person or entity.
Your license rights under this Section will automatically terminate upon such
transfer.
2. Upgrades and
Updates. Epson may, from time to time, issue an upgrade, updated version,
modified version, or additions to or for the Extension (collectively,
“Updates”). You acknowledge that Epson has no obligation to provide you with
any Updates to the Extension. Unless other terms and conditions apply, this
Extension Agreement will apply to the Updates.
3. Other Rights and
Limitations. You agree not to use or copy the Extension in any way, except as
otherwise licensed herein, or transfer your rights licensed under this Extension
Agreement in any way, except as otherwise licensed herein. Unless otherwise
licensed, you agree not to modify, adapt or translate the Extension and further
agree not to attempt to reverse engineer, decompile, disassemble or otherwise
attempt to discover the source code of the Extension. You agree to comply with
any technical limitations in the Extension that allow you to use the Extension
only in certain ways and not to use the Extension in any ways that circumvents
any technical limitations in the Extension. You may not rent, lease, distribute, lend the Extension to third parties unless otherwise
licensed. You may not use the Extension in any way that is against the law, nor
may you remove, minimize, block, or modify any notices of Epson or its
licensors within the Extension. The Extension is licensed as a single unit, and
its component programs may not be separated for some other use. You may not use
the Extension in any manner that infringes the rights of Epson or any other
person, causes damage to Epson or any other person, or results in unauthorized
access to, or malfunction of, any equipment used by Epson or any other person. Further,
you agree not to place the Extension onto or into a shared environment
accessible via a public network such as the Internet or otherwise accessible by
others other than licensed herein unless otherwise licensed.
4. Ownership.
Title, ownership rights, and intellectual property rights in and to the Extension
shall remain with Epson or its licensors and suppliers. The Extension is
protected by United States Copyright Law, copyright laws of Japan 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 Extension
and this License shall not be construed as a sale of any rights in the Extension.
You agree not to remove or alter any copyright, trademark, registered mark and
other proprietary notices on any copies of the Extension. Epson and/or its
licensors and suppliers reserve all rights not granted. The Extension may also
contain images, illustrations, designs and photos (“Materials”), and the
copyright of such material belongs to Epson and/or its licensors and suppliers,
protected by national and/or international intellectual property laws,
conventions and treaties.
5. Open Source and
Other Third-Party Components. Notwithstanding the foregoing license grant,
you acknowledge that certain components of the Extension may be covered by
third-party licenses, including so-called “open source” software licenses,
which means any software licenses approved as open source licenses by the Open
Source Initiative or any substantially similar licenses, including without
limitation any license that, as a condition of distribution of the software
licensed under such license, requires that the distributor make the software
available in source code format (such third-party components, “Third-Party
Components”). A list of Third-Party Components, and associated license terms
(as required), for particular versions of the Extension is indicated at https://support.epson.net/terms/, the end of this Extension Agreement,
relevant user manual/storage media, or the license information displayed on
your Device/in Extension. To the extent required by the licenses covering
Third-Party Components, the terms of such licenses will apply in lieu of the
terms of this Extension Agreement. To the extent the terms of the licenses
applicable to Third-Party Components prohibit any of the restrictions in this Extension
Agreement with respect to such Third-Party Components, such restrictions will
not apply to such Third-Party Component.
6. Disclaimer of
Warranty and Remedy. Subject to Section 18.1 (which may apply to you if you
acquire goods and services from Epson in Australia), you acknowledge and agree
that the use of the Extension is at your sole risk. THE EXTENSION IS PROVIDED
"AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND. EPSON AND ITS SUPPLIERS
DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING
THE EXTENSION. Epson does not warrant that the
operation of the Extension will be uninterrupted, error free, free from viruses
or other harmful components or vulnerabilities, or that the functions of the
Extension will meet your needs or requirements. 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 Extension resulted
from accident, abuse, or misapplication. THE STATED LIMITED WARRANTIES AND
REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS. EPSON DISCLAIMS ALL OTHER
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL
WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH APPLICABLE LAWS AND
REGULATIONS, CURRENCY, COMPLETENESS, AND ACCURACY. SOME STATES OR
JURISDICTIONS, HOWEVER, DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED
WARRANTIES, AND IN SUCH STATES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Limitation of
Liability. Subject to Section 18.1 and/or 19.1 (which may apply to you if
you acquire goods and services from Epson in Australia), TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EPSON OR ITS SUPPLIERS BE LIABLE
FOR ANY DAMAGES, WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE,
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING
OUT OF THE USE OF OR INABILITY TO USE THE EXTENSION, OR ARISING OUT OF THE
EXERCISE OF RIGHT UNDER THIS EXTENSION AGREEMENT, OR ARISING OUT OF THIS EXTENSION
AGREEMENT, EVEN IF EPSON OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF DAMAGES IN CERTAIN TRANSACTIONS, AND IN SUCH STATES, THE ABOVE
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY. UNLESS THE ABOVE RESTRICTIONS APPLY,
EPSON’S TOTAL LIABILITY FOR DAMAGES (CUMULATIVE LIABILITY) SHALL BE LIMITED TO
THE PURCHASE PRICE OF RC+ 8.0 PREMIUM.
8. U.S. Government
Acquisition of the Extension. This Section applies to all acquisitions of
the Extension by or for the U.S. Government (“Government”), or by any prime
contractor or subcontractor (at any tier) under any contract, grant,
cooperative agreement, “other transaction” (“OT”), or other activity with the
Government. By accepting delivery of the Extension, the Government, any prime
contractor, and any subcontractor agree (a) that the Extension qualifies as
"Commercial products," as that term is defined at 48 C.F.R.
Section2.101, consisting of “Commercial computer software” and “Commercial
computer software documentation,” as such terms are used in 48 C.F.R. Section
12.212 or 48 C.F.R. Section 227.7202, as applicable, and (b) that consistent
with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections 227.7202-1 through
227.7202-4, as applicable, the Extension is provided to the Government only as
a Commercial product and with only those rights as are granted to all other end
users pursuant to this Extension Agreement. The terms and conditions of this Extension
Agreement govern the Government’s (and the prime contractor and
subcontractor’s) use and disclosure of the Extension, and
supersede any conflicting terms and conditions of the contract, grant,
cooperative agreement, OT, or other activity pursuant to which the Extension is
delivered to the Government. If this Extension fails to meet the Government’s
needs, if this Extension Agreement is inconsistent in any respect with Federal
law, or if the above provisions of 48. C.F.R do not govern, the Government
agrees to return the Extension, unused, to Epson.
9. Export
Restriction. You agree that the Extension will not be shipped, transferred
or exported into any country or used in any manner prohibited by export control
laws in the United States and other countries or any other export laws,
restrictions or regulations.
10. Entire Agreement.
Subject to Section 19.1 (which may apply to you if you acquire goods and
services from Epson in Australia), this Extension Agreement is the entire
agreement between the parties related to the Extension and supersedes any
purchase order, communication, advertisement, or representation concerning the Extension.
11. Binding Agreement;
Assignees. This Extension Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their
respective successors, assigns and legal representatives.
12. Severability.
If any provision herein is found void or unenforceable by a court of competent
jurisdiction (subject to Section 22.8 and 22.9 if you are a located in the
U.S.), it will not affect the validity of the balance of the Extension Agreement,
which shall remain valid and enforceable according to its terms.
13. Indemnification.
Subject to Section 19.1 (which may apply to you if you acquire goods and
services from Epson in Australia), you agree that you will indemnify and hold
harmless, and upon Epson’s request, defend Epson and its directors, officers,
shareholders, employees and agents from and against any and all losses,
liabilities, damages, costs, expenses (including reasonable attorneys’ fees),
actions, suits, and claims arising from (i) any
breach of any of your obligations in this Extension Agreement or (ii) any use
of the Extension. If Epson asks you to defend any such action, suit or claim,
Epson will have the right, at its own expense, to participate in the defense
thereof with counsel of its choice. You will not settle any third-party claims
for which Epson is entitled to indemnification without the prior written
approval of Epson.
14. Termination.
Without prejudice to any other rights of the parties,
each party may terminate this Extension Agreement, effective on notice to the
other party, if the other party fails to comply with this Extension Agreement.
Upon termination, you must cease using the Extension, and all copies thereof, must be immediately destroyed.
15. Capacity and
Authority to Contract. You represent that you are of the legal age of
majority in your state or jurisdiction of residence and have all necessary
authority to enter into this Extension Agreement, including, if applicable, due
authorization by your employer to enter into this Extension Agreement. Epson
represents that it has all necessary authority to enter into this Extension Agreement.
16. Privacy,
Information Processing. The Extension may have the ability to connect over
the Internet to transmit data to and from your Device.
For example, if you install the Extension, the Extension may cause your Device
to send information about your Epson Hardware and/or the Extension such as
model and serial number, country identifier, language code, operating system
information, and usage information to Epson. However, no personally
identifiable information will be transmitted. Epson may also send promotional or service
information to your Device for display. Any processing of information provided
through the Extension, shall be according to applicable data protection laws
and the Epson Privacy Policy located at https://global.epson.com/privacy/area_select_confirm_eula.html. To the extent permitted by applicable laws, by agreeing to the
terms of this Extension Agreement and by installing the Extension, you consent
to the processing and storage of your information in and/or outside your
country of residence. If there is a specific privacy policy indicated at the
end of this Extension Agreement, incorporated into the Extension and/or
displayed when you use the Extension (for example, in the case of certain
software application software), such specific privacy policy is incorporated
into the Epson Privacy Policy stated above.
(THE FOLLOWING SECTIONS 17-19
OF THIS DOCUMENT MAY APPLY TO YOU IF YOU ACQUIRE GOODS OR SERVICES IN AUSTRALIA
(SEE SECTIONS 18.1 AND 19.1 FOR FURTHER INFORMATION AS TO WHEN THESE SECTIONS
APPLY)
17. Definition. For the purpose of the following Sections 18-19 of this
Extension Agreement, the Australian Consumer Law means Schedule 2 of the
Competition and Consumer Act 2010 (Cth).
18.1 Acquiring Product
as a Consumer. If you acquire the Extension in Australia as a consumer
under the Australian Consumer Law, which can include individuals or businesses
or other entities of any size, this Extension Agreement is subject to the
following Sections 18.2 and 18.3.
18.2 Australian
Consumer Law. Nothing in this Extension Agreement applies where it would
exclude, restrict or modify any right or remedy you may have under the
Australian Consumer Law if such right or remedy cannot lawfully be excluded,
restricted or modified.
Notwithstanding anything to the contrary in this Extension Agreement,
if you acquire goods (other than goods acquired for the purpose of resupply)
and services from Epson as a consumer, they come with statutory guarantees
under the Australian Consumer Law that are not excluded by any other terms of this
Extension Agreement.
The statutory guarantees include (without limitation) the following:
Goods must be of acceptable quality. This means they must:
-be safe;
-be free from defects;
-be acceptable in appearance and finish;
-do all the things someone would normally expect them to do;
-match any demonstration model or sample;
-be fit for the purpose which Epson has represented to you it would
be fit for;
-match the description of the goods given by Epson; and
-meet any express warranty given by Epson to you at the time of your
purchase about their performance, condition and quality.
Services provided by Epson must:
-be provided with due care and skill or technical knowledge;
-be fit for the purpose or give the results that have been agreed
to; and
-be delivered within a reasonable time when there is no agreed end
date.
To the extent that Epson fails to comply with a consumer guarantee
applicable to you under the Australian Consumer Law you are entitled to the
remedies as set out in the Australian Consumer Law. For major failures with the
service, you are entitled:
-to cancel your service contract with Epson; and
-to a refund for the unused portion, or to compensation for its
reduced value.
You are also entitled to choose a refund or replacement for major
failures with goods.
If a failure with the goods or a service does not amount to a major
failure, you are entitled to have the failure rectified in a reasonable time.
If this is not done, you are entitled to a refund for the goods and to cancel
the contract for the service and obtain a refund of any unused portion.
You are also entitled to be compensated for any other reasonably
foreseeable loss or damage from a failure in the goods or service.
18.3 Disclaimer of
Warranty and Remedy. Section 6 will not apply to you. The following section
will apply instead:
EXCEPT THAT NOTHING IN THIS CLAUSE EXCLUDES, RESTRICTS OR MODIFIES
ANY WARRANTIES, GUARANTEES, RIGHTS OR REMEDIES WHICH CANNOT BE EXCLUDED UNDER
THE AUSTRALIAN CONSUMER LAW: (1) THE EXTENSION IS PROVIDED “AS IS” AND WITHOUT
ANY WARRANTY OF ANY KIND; (2) EPSON AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT
THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE EXTENSION; (3) Epson
does not warrant that the operation of the Extension will be uninterrupted,
error free, free from viruses or other harmful components or vulnerabilities,
or that the functions of the Extension will meet your needs or requirements; (4)
Epson is not liable for performance delays or for non-performance due to causes
beyond its reasonable control; and (5) EPSON DISCLAIMS ALL OTHER WARRANTIES,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF
NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE,
COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, CURRENCY, COMPLETENESS, AND
ACCURACY.
19.1 Acquiring Product
under a Consumer or Small Business Contract. If:
(a) you are an individual and you acquire the Extension wholly or
predominantly for personal, domestic or household use or consumption; or
(b) this Extension Agreement constitutes a small business contract
(as that term is defined in the Australian Consumer Law from time to time),
then the following
Sections 19.2-19.3 will apply to you.
19.2 Limitation of
Liability. Section 7 will not apply to you. The following section will
apply instead:
Subject to Section 18.1, IN NO EVENT WILL A PARTY OR ITS SUPPLIERS
BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY,
BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF OR
INABILITY TO USE THE EXTENSION, OR ARISING OUT OF THE EXERCISE OF RIGHT UNDER
THIS EXTENSION AGREEMENT, OR ARISING OUT OF THIS EXTENSION AGREEMENT, EVEN IF THAT
PARTY OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. A PARTY’S TOTAL LIABILITY FOR DAMAGES (CUMULATIVE LIABILITY) SHALL BE
LIMITED TO THE PURCHASE PRICE OF RC+ 8.0 PREMIUM.
19.3 Entire Agreement; Indemnification. Sections 10 (Entire
Agreement) and 13 (Indemnification) will not apply to you.
(IF YOU ARE LOCATED IN
THE UNITED STATES, THE FOLLOWING SECTIONS 20-23 APPLY TO YOU)
20. Downloadable
Updates. You may also be able to download updates or upgrades to the
Extension from the “RC+ 8.0” Software provided by Epson if such updates or
upgrades are made available. If you agree to install the Extension, any
transmissions to or from the Internet, and data collection and use, will be in
accordance with Epson’s then-current Privacy Policy, and by installing the Extension
you agree that such then-current Privacy Policy shall govern such activities.
21. [Intentionally
left blank]
22. DISPUTES, BINDING
INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
22.1 Disputes. The
terms of this Section 22 shall apply to all Disputes between you and Epson. The
term “Dispute” is meant to have the broadest meaning permissible under law or
in equity and includes any past, present, or future dispute, claim, controversy
or action between you and Epson including those that arose before the existence
of this or any prior Agreement arising out of or relating to this Extension Agreement
(including its formation, performance, or breach), the Extension, Epson
Hardware, the parties’ relationship with each other and/or any other
transaction involving you and Epson, whether in contract, or with respect to
warranty, misrepresentation, fraud, tort, intentional tort, statute,
regulation, ordinance, or any other legal or equitable basis. However, a
“Dispute” does not include a claim or cause of action for (a) trademark
infringement or dilution, (b) patent infringement, (c) copyright infringement
or misuse, or (d) trade secret misappropriation (an “IP Claim”). A “Dispute”
also does not include a request for public injunctive relief. You and Epson
agree, consistent with Section 22.6(a), that a court, not an arbitrator, may
decide if a claim or cause of action is for an IP Claim, as well as whether a
claim seeks public injunctive relief.
22.2 Initial Dispute
Resolution. Before submitting a claim for arbitration in accordance with
this Section 22, you and Epson agree to try, for sixty (60) days, to resolve
any Dispute informally. If Epson and you do not reach an agreement to resolve
the Dispute within the sixty (60) days, you or Epson may commence an
arbitration in accordance with Section 22.6. Notice to Epson must be addressed
to: Epson America, Inc., ATTN: Legal Department, 3131 Katella Avenue, Los
Alamitos, CA 90720-2335. Any notice of the Dispute shall include the sender’s
name, address and contact information, the facts giving rise to the Dispute,
and the relief requested. Any notice sent to you will be sent to the most
recent address Epson has in its records for you. For this reason, it is
important to notify us if your address changes by emailing us at
EAILegal@ea.epson.com or writing us at the address above. You and Epson agree
to act in good faith to resolve the Dispute before commencing arbitration in
accordance with this Section 22. To minimize the cost and inconvenience to all
parties, and to promote prompt resolution of Disputes, you and we agree that
engaging in this initial dispute resolution process is a material term of this Extension
Agreement and a requirement that must be fulfilled before commencing any
arbitration.
Consistent with Section 22.6(a), you and Epson agree that any disagreements
regarding compliance with this Section 22.2 shall be decided by a court, not an
arbitrator; pending resolution of any such disagreements by a court, which may
include requests to compel compliance with this Section 22.2, you and we agree
that arbitration (as well as any obligation to pay arbitration fees) shall be
stayed until the initial dispute resolution process in Section 22.2 is complete.
You and Epson acknowledge that either party’s failure to comply with the
provisions of this Section 22.2 would irreparably harm the other, and you and
Epson agree that a court may issue an order staying arbitration (and any
obligation to pay arbitration fees) until the initial dispute resolution
process in this Section 22.2 is complete.
22.3 Binding
Arbitration. If we do not reach an agreed upon solution within a period of
sixty (60) days from the time informal dispute resolution is pursued pursuant
to Section 22.2 above, then either party may initiate binding arbitration.
Except as stated below in Section 22.4, you and Epson agree that all Disputes
shall be resolved by binding arbitration according to this Extension Agreement.
ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT
PROCEEDING, AND YOUR RIGHT TO DISCOVERY AND GROUNDS FOR APPEAL ARE MORE LIMITED
THAN IN COURT. Pursuant to this Extension Agreement, and except as stated below
in Section 22.6(h), binding arbitration shall be administered by JAMS, a
nationally recognized arbitration provider, pursuant to the JAMS Streamlined
Arbitration Rules and Procedures or its applicable code of procedures then in
effect for consumer related disputes, but excluding any rules that permit class arbitration.
For more detail on the procedure to initiate arbitration and what your demand
for arbitration should include, see Sections 22.6(g) and 22.6(h) below. You and
Epson understand and agree that (a) the Federal Arbitration Act (9 U.S.C. §§ 1
et seq.) governs the interpretation and enforcement of this Section 22, (b) this
Extension Agreement memorializes a transaction in interstate commerce, and (c)
this Section 22 shall survive termination of this Extension Agreement.
22.4 Exception - Small
Claims Court. Notwithstanding the parties’ agreement to resolve Disputes
through arbitration, either party can elect to have an individual claim
resolved in small claims court of your state or municipality if the action is
within that court’s jurisdiction, even if the claim was initiated by another
party in a different forum.
22.5 WAIVER OF CLASS
ACTION AND CLASS ARBITRATION. YOU AND EPSON AGREE THAT EACH PARTY MAY BRING
DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A
CLASS action or class arbitration. If any court or arbitrator determines that
the class action waiver set forth in this paragraph is void or unenforceable
for any reason or that an arbitration can proceed on a class basis, then the
arbitration provision set forth above in Section 22.3 shall be deemed null and
void in its entirety and the parties shall be deemed to have not agreed to
arbitrate disputes.
22.6 Arbitration
Procedure.
a) The arbitrator shall be
empowered to grant whatever relief would be available in a court under law or
in equity, except for requests for public injunctive relief, if any, which
shall be decided by a court, not an arbitrator. If either party seeks public injunctive
relief, that request for relief shall be severed from any arbitration
proceeding and stayed pending a final determination of the arbitration. Nothing
in Section 22 of this Extension Agreement shall be construed as a waiver of
either party’s right to seek public injunctive relief, and you and we agree to
cooperate to effect the stay of any requests for
public injunctive relief.
The arbitrator is bound by the terms of this Extension Agreement. The
arbitrator, and not any federal, state or local court or agency, shall have
exclusive authority to resolve all disputes arising out of or relating to the
interpretation, applicability, enforceability or formation of this Extension
Agreement, including any claim that all or any part of this Extension Agreement
is void or voidable. Notwithstanding this broad delegation of authority to the
arbitrator, and consistent with Sections 22.1, 22.2, 22.6(a) and 22.6(h) of this
Extension Agreement, a court may determine: (i) the
limited question of whether a claim or cause of action is for an IP Claim,
which is excluded from the definition of “Disputes” in Section 22.1 above; (ii)
disagreements regarding compliance with the initial dispute resolution
provisions in Section 22.2 above; (iii) disagreements regarding claims for
public injunctive relief as set forth in this Section 22.6(a); and/or (iv)
disagreements regarding the provisions for “Mass Arbitration” in Section
22.6(h) below.
b) Costs of Arbitration
and Legal Fees. In some instances, the costs of arbitration can exceed the
costs of litigation. Each party will have the right to use legal counsel in
connection with arbitration at its own expense. If, however, the arbitrator
determines that a claim or defense asserted by you or Epson is patently
frivolous or in bad faith, the arbitrator may award the reasonable legal fees
and costs incurred by the other party defending against the claim or defense.
By way of illustration only, and without limitation, a patently frivolous claim
may be found where it is based on a product never purchased by a claimant.
c) Discovery. The
discovery or exchange of non-privileged information relevant to the Dispute may
be allowed during the arbitration. The right to discovery may be more limited
in arbitration than in court.
d) Awards. The
arbitrator’s award is binding and may be entered as a judgment in any court of
competent jurisdiction.
e) Hearing Format and
Location. You may choose to engage
in arbitration hearings by telephone or, if you and we both agree, to conduct
it online, in lieu of appearing live. Arbitration hearings not conducted by
telephone or online shall take place in a location
reasonably accessible from your primary residence, or in Orange County,
California, at your option.
f) Settlement Offers.
During the arbitration, the amount of any settlement offer made shall not be
disclosed to the arbitrator until after the arbitrator determines the amount,
if any, to which you or Epson is entitled.
g) Initiation of
Arbitration Proceeding Before JAMS. Except as stated in Section 22.6(h)
below, if you or Epson commences arbitration, the arbitration shall be governed
by the JAMS Streamlined Arbitration Rules and Procedures or the applicable
rules of JAMS that are in effect when the arbitration is filed, excluding any
rules that permit arbitration on a class-wide basis (the “JAMS Rules”),
available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the
rules set forth in this Extension Agreement. All Disputes shall be resolved by
a single neutral arbitrator, which shall be selected in accordance with the
JAMS Streamlined Arbitration Rules and Procedures, and both parties shall have
a reasonable opportunity to participate in the selection of the arbitrator. If
either you or Epson decides to arbitrate a Dispute before JAMS, both parties
agree to the following procedure:
(i) Write a Demand for Arbitration. The demand
must include a description of the Dispute and the amount
of damages sought to be recovered. The demand also must identify the product
purchased, identify the date and place of purchase and, if possible, provide
the serial number and proof of purchase. You can find a copy of a demand for
arbitration at http://www.jamsadr.com.
(ii) Send three copies of the
demand for arbitration, plus the appropriate filing fee, to: JAMS, 500 North
State College Blvd., Suite 600 Orange, CA 92868, U.S.A.
(iii) Send one copy of the
demand for arbitration to the other party (at the same address as the notice of
a dispute, above in section 22.2), or as otherwise
agreed by the parties.
h) Initiation of Mass
Arbitration Before FedArb. Notwithstanding
Sections 22.3 and 22.6(g), if 20 or more demands for arbitration are filed
relating to the same or similar subject matter and sharing common issues of law
or fact, and counsel for the parties submitting the demands are the same or
coordinated, you and we agree that this will constitute a “Mass Arbitration.”
If a Mass Arbitration is commenced, you and we agree
that it shall not be governed by JAMS Rules or administered by JAMS. Instead, a
Mass Arbitration shall be administered by FedArb, a
nationally recognized arbitration provider, and governed by the FedArb Rules in effect when the Mass Arbitration is filed,
excluding any rules that permit arbitration on a class-wide basis (the “FedArb Rules”), and under the rules set forth in this Extension
Agreement. The FedArb Rules are available at https://www.fedarb.com/ or by calling 1-650-328-9500. You
and we agree that the Mass Arbitration shall be resolved using FedArb’s Framework for Mass Arbitration Proceedings
ADR-MDL, available at https://www.fedarb.com/.
Before any Mass Arbitration is filed with FedArb, you
and we agree to contact FedArb jointly to advise that
the parties intend to use FedArb’s Framework for Mass
Arbitration Proceedings ADR-MDL. The individual demands comprising the Mass
Arbitration shall be submitted on FedArb’s claim
form(s) and as directed by FedArb.
Consistent with Section 22.6(a) above, you and Epson agree that if either party
fails or refuses to commence the Mass Arbitration before FedArb,
you or Epson may seek an order from a court of competent jurisdiction
compelling compliance with this Section 22.6(h) and compelling administration
of the Mass Arbitration before FedArb. Pending
resolution of any such requests to a court, you and we agree that all
arbitrations comprising the Mass Arbitration (and any obligation to pay
arbitration fees) shall be stayed. You and Epson acknowledge that either
party’s failure to comply with the provisions of this Section 22.6(h) would
irreparably harm the other, and you and Epson agree that a court may issue an
order staying the arbitrations (and any obligation to pay arbitration fees)
until any disagreements over the provisions of this Section 22.6(h) are
resolved by the court.
22.7 30 Day Opt-out
Right. You may elect to opt-out (exclude yourself) from the final, binding,
individual arbitration procedure and waiver of class proceedings set forth in
Sections 22.3 to 22.6 of this Extension Agreement by sending a written letter
to the Epson address listed above in Section 22.2 within thirty (30) days of
your assent to this Extension Agreement that specifies (i)
your name, (ii) your mailing address, and (iii) your request to be excluded
from the final, binding individual arbitration procedure and waiver of class
proceedings specified in this Section 22.
In the event that you opt-out
consistent with the procedure set forth above, all other terms set forth in the
Extension Agreement, including this Section 22, shall continue to apply,
including the requirement to provide notice prior to litigation. If you opt-out of these arbitration provisions, Epson will also not
be bound by them.
22.8 Amendments to
Section 22. Notwithstanding any provision in this Extension Agreement to
the contrary, you and Epson agree that if Epson makes any future amendments to
the dispute resolution procedure and class action waiver provisions (other than
a change to Epson’s address) in this Extension Agreement, Epson will obtain
your affirmative assent to the applicable amendment. If you do not
affirmatively assent to the applicable amendment, you are
agreeing that you will arbitrate any Dispute between the parties in
accordance with the language of this Section 22 (or resolve disputes as
provided for in Section 22, if you timely elected to opt-out) when you first
assented to this Extension Agreement.
22.9 Severability.
If any provision in this Section 22 is found to be unenforceable, that
provision shall be severed with the remainder of this Extension Agreement
remaining in full force and effect. The foregoing shall not apply to the
prohibition against class actions as provided in Section 22.5. This means that
if Section 22.5 is found to be unenforceable, the entire Section 22 (but only
Section 22) shall be null and void.
23. For New Jersey
Residents. NOTWITHSTANDING ANY TERMS SET FORTH IN THIS EXTENSION AGREEMENT,
IF ANY OF THE PROVISIONS SET FORTH IN SECTIONS 6 OR 7 ARE HELD UNENFORCEABLE,
VOID OR INAPPLICABLE UNDER NEW JERSEY LAW, THEN ANY SUCH PROVISION SHALL NOT
APPLY TO YOU BUT THE REST OF THE AGREEMENT SHALL REMAIN BINDING ON YOU AND
EPSON. NOTWITHSTANDING ANY PROVISION IN THIS EXTENSION AGREEMENT, NOTHING IN THIS
EXTENSION AGREEMENT IS INTENDED TO, NOR SHALL IT BE DEEMED OR CONSTRUED TO,
LIMIT ANY RIGHTS AVAILABLE TO YOU UNDER THE TRUTH-IN-CONSUMER CONTRACT,
WARRANTY AND NOTICE ACT.
24. Other
Governing Law and General Matters
(IF YOU ARE LOCATED IN JAPAN,
THE FOLLOWING SECTION APPLYS TO YOU)
24.1 Governing
Law and Jurisdiction. This Extension Agreement shall be governed by and
construed in accordance with the laws of Japan, without giving effect to its
conflicts of laws provisions. In case of any dispute
regarding the Extension between you and Epson, the Tokyo District Court shall
be the agreed court with exclusive jurisdiction. The application of the United
Nations Convention of Contracts for the International Sale of Goods is
expressly excluded in all cases.
(IF YOU ARE LOCATED IN EUROPE,
MIDDLE EAST and AFRICA, THE FOLLOWING SECTION APPLYS TO YOU)
24.2 Governing
Law and Jurisdiction. This section shall apply to all disputes between you
and Epson. Any dispute between you and Epson, whether in contract or in tort,
shall be heard and determined by the courts of Amsterdam in the Netherlands,
unless we give notice to you requiring it to be heard and determined in a
country in which you have you Residence. You irrevocably consent to the
registration and enforcement in and by the courts of any other country of any
judgement obtained against you in the Courts of Amsterdam in the Netherlands,
or such other permitted country, and undertake not to challenge or obstruct any
such registration or enforcement proceedings.
(IF YOU ARE LOCATED IN
SOUTHEAST ASIA, THE FOLLOWING SECTION APPLYS TO YOU)
24.3 Governing
Law and Jurisdiction. This Extension Agreement shall be governed by and
construed in accordance with the laws of the country in which you have
Residence. This section shall apply to all disputes between you and Epson. Any
dispute, controversy or claim arising out of or relating to this Extension
Agreement, or the breach, termination or invalidity thereof shall be settled by
arbitration in accordance with the UNCITRAL Arbitration Rules as at present in
force and to be administered by the Singapore International Arbitration Centre.
The number of arbitrators shall be one (1), and such arbitrator shall be
appointed by Epson. The place and seat of arbitration shall be the country in
which you have Residence, unless otherwise determined by Epson. You agree that
the decision of the arbitrator shall be final and binding, and you undertake
not to challenge or obstruct any such registration or enforcement proceedings.
The language used in the arbitration proceedings shall be English.
(IF YOU ARE LOCATED IN CHINA,
THE FOLLOWING SECTION APPLYS TO YOU)
24.4 Governing
Law and Jurisdiction. This
Extension Agreement shall be governed by and construed in accordance with the
laws of the People's Republic of China. All disputes arising from or in
connection with this Extension Agreement shall be resolved through friendly
consultation. If such disputes cannot be resolved through such consultation,
such disputes shall be submitted to Beijing Arbitration Commission for
arbitration in accordance with its rules of arbitration in effect at the time
of applying for arbitration. The seat of arbitration shall be Beijing. The
arbitral award is final and binding upon both parties.
PRIVACY STATEMENT FOR DATA COLLECTION: USAGE SURVEY: | EPSON RC+ | FOR CUSTOMERS OUTSIDE THE AMERICAS
AND CHINA
Version of March/2026
(application includes Europe, Middle East and UK)
For Personal Data held in Epson’s CRM (Customer Relationship Management)
records in Europe, Middle East and
Africa, “the Privacy Statement | Epson Rc+ |
For Customers In Europe, Middle East And Africa”
attached hereto will apply.
Introduction
This Privacy Statement (hereinafter referred
to as "this Statement") provides information about the privacy and
data usage practices of Seiko Epson Corporation and its subsidiaries and
affiliates (hereinafter referred to as "Epson," "we," or
"us") concerning the Epson RC+ application (hereinafter referred to
as "this Application") and other application products or application
features that reference, link to, or include this Statement (collectively referred
to as "Services"). This Statement is for customers outside the United
States and does not apply to other Epson websites, applications, or services.
Please read this Statement carefully.
Information Collected Through the Application
and Feature Availability Based on User Consent
We collect information and measure usage
trends of this application and services only if the user consents to
participate in the usage survey of this application (hereinafter referred to as
the “Usage Survey”). Furthermore, for the following features, the collected information may be
used to enhance their functionality.
l System History
The function that displays RC+ operation logs and configuration logs in the
System History is available only while the user consents to the Usage Survey.
Even if the user does not consent to the Usage Survey, all other functions of
the System History remain available. The user may change their consent to the
Usage Survey at any time through the Application.
We use Google Analytics, provided by Google
LLC, for this information collection. This Usage Survey does not collect
personally identifiable information.
Lite Edition and Basic Edition
In the Lite Edition, an upgrade to the Basic
Edition is available only during the period in which the user has consented to
the Usage Survey. Even if the user does not consent to the Usage Survey, the
Lite Edition remains available. Additionally, the Basic Edition can be used by
purchasing a separate license.
The user may change their consent to the Usage
Survey at any time through the application.
Standard Edition
From the Basic Edition, the Standard Edition
or the Standard Edition Pilot License is available under the following options:
Option 1: By consenting to the Usage Survey, the user
may use the Standard Edition during the period of consent and until 31 March
2027.
As an exception, if the user activates a Basic
Edition license between 1 March 2026 and 31 March 2026 and consents to the
Usage Survey, the user may use the Standard Edition for one year and one month
from the date of License Activation, and only while the user continues to
consent to the Usage Survey.
After this period, the user will have the
option to:
i)
Purchase the Standard Edition license; or
ii)
Return to the Basic Edition.
Option 2: If the user does not consent to the Usage
Survey, they may register the Standard Edition Pilot License and receive free
access until 31 May 2026.
After this period, the user will have the
option to:
i)
Consent to the Usage Survey after purchasing a Basic Edition license
(valid during the period of consent and for one year from the first consent);
or
ii)
Purchase the Standard Edition license; or
iii)
Use the Lite Edition, or, if a Basic Edition has been purchased, use the
Basic Edition.
*If the user purchases a Standard Edition
license and activates it while Option 1 is in effect, the remaining duration of
Option 1 will be added to the validity period of the purchased Standard Edition
license, provided that the user continues to consent to the Usage Survey.
*The Standard Edition and the Standard Edition
Pilot License offer the same functions and operability. The only difference is
that the free usage period of the Pilot License ends on 31 May 2026.
*Free licenses provided are subject to the
applicable terms of use, and the Company reserves the right to revoke access
upon notice.
Premium Edition
The Premium Edition is available through the
Premium Edition Pilot License as follows:
By registering the Premium Edition Pilot
License, the user may receive free access to the Premium Edition until 31 May
2026.
After this period, the user will have the
option to:
i)
Purchase the Premium Edition license; or
ii)
Use the Lite Edition, or, if a Basic Edition has been purchased, use the
Basic Edition.
*Free licenses provided are subject to the
applicable terms of use, and the Company reserves the right to revoke access
upon notice.
Information Collected in The Usage Survey
System Information:
•
OS, processor, memory capacity, locale settings, network interface
information, GPU information
RC+ Operation, Settings, and Usage
Information:
•
Participation consent and related information for the usage survey
•
RC+ version, RC+ startup and shutdown, RC+ error occurrence information
•
Processing time of various RC+ operations, operations of each screen
element (e.g., clicks, menu selections)
•
RC+ license and its authentication information
•
Command execution information in the command window, RC+ API, LabView call
information
•
PC and controller connection settings, system settings
•
Development environment settings, language settings, window layout
settings, license settings
•
Simulator, Operator mode, Security settings (e.g., number of users per
group, operation permissions assigned to each group)
Project Settings and Usage Information:
•
Projects, programs, IO labels, user-defined errors, point files, macros,
build simulators, Diagnostics
Options and their related Settings and Usage
Information:
•
Vision Guide, Force Guide, Conveyor Tracking, GUI Builder, Part Feeding,
RC+API, OPC UA, Library Builder, RC+Extensions
Controller Settings and Usage Information:
•
Controller model, firmware version
•
Controller settings, robot setting, robot parameters (e.g., tool, local),
controller option usage status
•
Safety function, Operational Information (e.g., cumulative operating time)
•
Statistical information on system history (e.g., error occurrences and
frequencies)
Considerations for Personal and Technical
Information in This Usage Survey:
In this Usage Survey, we do not collect the
following information that could lead to the user's personal or technical
information. Instead, we collect it in a pseudonymized or statistical form:
•
Details of processes such as programs, vision sequences, and force
sequences created by the user
•
Names of files, functions, labels, comments, and other user-defined
strings set by the user
•
GUI screens and image data created by the user, CAD data
•
Identifiers for identifying the customer, their operating environment, and
hardware (serial number, hardware ID)
Purpose of Information Use
Epson uses the above information to understand
how users interact with their devices and this Application, continuously
improve services, diagnose and fix technical issues, and develop and evaluate
new features. Aggregated information may be shared within Epson's affiliated companies.
For a list of Epson's affiliated companies, please visit: (https://global.epson.com/company/global_network/). For information on how Google LLC uses the
above information, please visit: (https://policies.google.com/technologies/partner-sites).
Information Storage Method
Usage Survey data is stored and processed by
Google LCC, and Epson uses and analyzes this data. This information may be
stored and processed in Japan.
International Transfers
Seiko Epson is based in Japan and has
operations worldwide. As a result, your information may be transferred,
processed, and stored in Japan. Your use of the Services or provision of any
information to Epson constitutes your consent to the cross-border transfer of
your information. Furthermore, if the laws of your location restrict the
cross-border transfer on certain categories of
important data or personal information, please ensure you do not provide such
information to us through this software.
Contact Information
If you have any questions about this
Statement, our practices, or your dealings with the Services, please contact
the sales company listed in the privacy and information processing link of the
EULA (End User License Agreement).
PRIVACY STATEMENT FOR DATA COLLECTION:
USAGE SURVEY: | EPSON RC+ | FOR CUSTOMERS IN CHINA
Version of March/2026
Introduction
This Privacy Statement (hereinafter referred
to as "this Statement") provides information about the privacy and
data usage practices of Seiko Epson Corporation and its subsidiaries and
affiliates (hereinafter referred to as "Epson," "we," or
"us") concerning the Epson RC+ application (hereinafter referred to
as "this Application") and other application products or application
features that reference, link to, or include this Statement (collectively referred
to as "Services"). This Statement is for customers outside the United
States and does not apply to other Epson websites, applications, or services.
Please read this Statement carefully.
Information Collected Through the Application
and Feature Availability Based on User Consent
We collect information and measure usage
trends of this application and services only if the user consents to
participate in the usage survey of this application (hereinafter referred to as
the “Usage Survey”). Furthermore, for the following features, the collected information
may be used to enhance their functionality.
l System History
The function that displays RC+ operation logs and configuration logs in the
System History is available only while the user consents to the Usage Survey.
Even if the user does not consent to the Usage Survey, all other functions of
the System History remain available. The user may change their consent to the
Usage Survey at any time through the Application.
We use Google Analytics, provided by Google
LLC, for this information collection. This Usage Survey does not collect
personally identifiable information.
Lite Edition and Basic Edition
In the Lite Edition, an upgrade to the Basic
Edition is available only during the period in which the user has consented to
the Usage Survey. Even if the user does not consent to the Usage Survey, the
Lite Edition remains available. Additionally, the Basic Edition can be used by
purchasing a separate license.
The user may change their consent to the Usage
Survey at any time through the application.
Standard Edition
From the Basic Edition, the Standard Edition
or the Standard Edition Pilot License is available under the following options:
Option 1: By consenting to the Usage Survey, the user
may use the Standard Edition during the period of consent and until 31 March
2027.
As an exception, if the user activates a Basic
Edition license between 1 March 2026 and 31 March 2026 and consents to the
Usage Survey, the user may use the Standard Edition for one year and one month
from the date of License Activation, and only while the user continues to
consent to the Usage Survey.
After this period, the user will have the
option to:
i)
Purchase the Standard Edition license; or
ii)
Return to the Basic Edition.
Option 2: If the user does not consent to the Usage
Survey, they may register the Standard Edition Pilot License and receive free
access until 31 May 2026.
After this period, the user will have the
option to:
i)
Consent to the Usage Survey after purchasing a Basic Edition license
(valid during the period of consent and for one year from the first consent);
or
ii)
Purchase the Standard Edition license; or
iii)
Use the Lite Edition, or, if a Basic Edition has been purchased, use the
Basic Edition.
*If the user purchases a Standard Edition
license and activates it while Option 1 is in effect, the remaining duration of
Option 1 will be added to the validity period of the purchased Standard Edition
license, provided that the user continues to consent to the Usage Survey.
*The Standard Edition and the Standard Edition
Pilot License offer the same functions and operability. The only difference is
that the free usage period of the Pilot License ends on 31 May 2026.
*Free licenses provided are subject to the
applicable terms of use, and the Company reserves the right to revoke access
upon notice.
Premium Edition
The Premium Edition is available through the
Premium Edition Pilot License as follows:
By registering the Premium Edition Pilot
License, the user may receive free access to the Premium Edition until 31 May
2026.
After this period, the user will have the
option to:
i)
Purchase the Premium Edition license; or
ii)
Use the Lite Edition, or, if a Basic Edition has been purchased, use the
Basic Edition.
*Free licenses provided are subject to the
applicable terms of use, and the Company reserves the right to revoke access
upon notice.
Information Collected in The Usage Survey
System Information:
•
OS, processor, memory capacity, locale settings, network interface
information, GPU information
RC+ Operation, Settings, and Usage
Information:
•
Participation consent and related information for the usage survey
•
RC+ version, RC+ startup and shutdown, RC+ error occurrence information
•
Processing time of various RC+ operations, operations of each screen
element (e.g., clicks, menu selections)
•
RC+ license and its authentication information
•
Command execution information in the command window, RC+ API, LabView call
information
•
PC and controller connection settings, system settings
•
Development environment settings, language settings, window layout
settings, license settings
•
Simulator, Operator mode, Security settings (e.g., number of users per
group, operation permissions assigned to each group)
Project Settings and Usage Information:
•
Projects, programs, IO labels, user-defined errors, point files, macros,
build simulators, Diagnostics
Options and their related Settings and Usage
Information:
•
Vision Guide, Force Guide, Conveyor Tracking, GUI Builder, Part Feeding,
RC+API, OPC UA, Library Builder, RC+Extensions
Controller Settings and Usage Information:
•
Controller model, firmware version
•
Controller settings, robot setting, robot parameters (e.g., tool, local),
controller option usage status
•
Safety function, Operational Information (e.g., cumulative operating time)
•
Statistical information on system history (e.g., error occurrences and
frequencies)
Considerations for Personal and Technical
Information in This Usage Survey:
In this Usage Survey, we do not collect the
following information that could lead to the user's personal or technical
information. Instead, we collect it in a pseudonymized or statistical form:
•
Details of processes such as programs, vision sequences, and force
sequences created by the user
•
Names of files, functions, labels, comments, and other user-defined
strings set by the user
•
GUI screens and image data created by the user, CAD data
•
Identifiers for identifying the customer, their operating environment, and
hardware (serial number, hardware ID)
Purpose of Information Use
Epson uses the above information to understand
how users interact with their devices and this Application, continuously
improve services, diagnose and fix technical issues, and develop and evaluate
new features. Aggregated information may be shared within Epson's affiliated
companies. For a list of Epson's affiliated companies, please visit: (https://global.epson.com/company/global_network/). For information on how Google LLC uses the
above information, please visit: (https://policies.google.com/technologies/partner-sites).
Information Storage Method
Usage Survey data is stored and processed by
Google LCC, and Epson uses and analyzes this data. This information may be
stored and processed in Japan.
International Transfers
Seiko Epson is based in Japan and has
operations worldwide. As a result, your information may be transferred,
processed, and stored in Japan. Your use of the Services or provision of any
information to Epson constitutes your consent to the cross-border transfer of
your information. Furthermore, if the laws of your location restrict the
cross-border transfer on certain categories of
important data or personal information, please ensure you do not provide such
information to us through this software.
Contact Information
If you have any questions about this
Statement, our practices, or your dealings with the Services, please contact
Epson (China) Co.,Ltd
Email: privacy@ecc.epson.com.cn
PRIVACY STATEMENT
| EPSON RC+ | FOR CUSTOMERS IN THE AMERICAS
Version of August/2025
Introduction
This Privacy Statement (hereinafter referred to as
"this Privacy Statement" or “Statement”)) provides information about
the privacy and data usage practices of Seiko Epson Corporation and its
subsidiaries and affiliates (hereinafter referred to as "Epson,"
"we," or "us") concerning the Epson RC device (“Epson
Device(s)”) and respective software application ("the Application")
and other application products or application features that reference, link to,
or include this Statement (all of the aforementioned are collectively referred
to as "Services"). This Statement does not apply to other Epson
websites, applications, or services.
Please read this Privacy
Statement carefully, it contains important information about the personal
information Epson processes, how Epson processes it, and for what purposes.
This Privacy Statement is intended to apply to
the collection and processing of personal information from customers and
individuals residing or based in the United States only. If you have questions
or concerns regarding this Statement or wish to exercise your rights and
choices as provided herein, contact Epson's Privacy Coordinator by sending an
email to: epson.privacy@ea.epson.com. You can also fill out
our online privacy feedback form available on our website, or send a letter to:
Epson America, Inc.,
Attn: Privacy Coordinator,
3131 Katella Avenue,
Los Alamitos, CA 90720.
1. How We Collect Information
Epson collects information you provide
directly to Epson via your interactions with us and your use of our Services.
For example, Epson collects information when you create an account with us,
subscribe to Epson’s communications, use our software products, or engage with
Epson’s representatives for customer support and other purposes. The
information Epson collects may include Personal
Information. "Personal Information" is information that
identifies, relates to or may be linked to an individual, such as first and
last name, email address, IP address and other information.
Some information is collected automatically through your
use and interactions with the Services, such as device information, log
information, and usage information. Please note that certain information
collection will be used to find, understand, fix issues, and improve
performance of the Services. Below we indicate the different categories of
information we collect.
i.
Contact Information:
includes information such as your first and last name, email address, postal
address, phone number and other similar contact information.
ii.
Account Information: includes information you provide when you
create an account with us, such as an Epson Global ID, and may include your IP
address, passwords, security information used for authentication and access to
the Application, your preferred language for use of the Application, and your
time zone.
iii.
Payment Information:
includes information about your payment methods and billing address.
iv.
User Information:
includes information about the Services users and who will register under your
account, including their contact information, such as name and email.
Epson may use aggregated or anonymized
information derived from your use of the Services, such as, without limitation,
device performance and settings information, internet provider, carrier,
operating system; hardware information; localization information; date and time
spent on the Services, metrics and statistics, and other similar information
for its legitimate business purposes, including to improve its Services. Epson
also collects information from you when you participate in Usage Surveys. Aggregated
or anonymized information does not qualify as personal information, and will be
used within Epson, so we can conduct analytics and research, diagnose and fix
technical issues, and improve our products and services. Epson
uses Google Analytics to collect information about your use of the Services.
Information collected via Google Analytics does not identify you. Please see
Section 4 below for more information. If we
combine aggregated or anonymized information with personal information, we will
treat the combined information as personal information pursuant to this
Statement. Aggregated or anonymized information may be shared with
Epson's affiliated companies. For a list of Epson's affiliated companies,
please visit: (https://global.epson.com/company/global_network/).
Information Collected From Third
Parties. Epson may
also obtain information from third parties, and Epson will protect such
information as described in this Privacy Statement and pursuant to any
additional restrictions imposed by the source of the information. These
third-party sources vary over time and may include (i)
Epson partners, with which we offer Epson products, services, or engage in
co-marketing activities; (ii) Data brokers from which we purchase demographic
data to supplement the data we collect; (iii) Third-party services that make
user-generated content from their service available to others, such as local
business reviews or public social media posts; (iv) Communication services,
including email providers and social networks, when you give us permission to
access your information on such third-party services or networks; (v) Service
providers that help us determine your device’s location; (vi) Partners with
which we offer co-branded services or engage in joint marketing activities;
(vii) Publicly-available sources, such as social media, open public sector,
academic, and commercial information sets and other data sources.
To the extent Epson combines such third-party
sourced information with personal information collected directly from you,
Epson will treat the combined information as personal information under this
Privacy Statement. Epson is not responsible for the accuracy of the information
provided by third parties or third-party practices. Epson uses this information
for its legitimate business purposes, which may include providing and improving
Epson products and services, as well as offering you other products, services
and features you may be interested in. You can unsubscribe from Epson’s
marketing communications at any time.
2. How We Use Information
Epson uses the information it collects to
provide the Services to you, which includes updating, securing,
troubleshooting, as well as providing support. We also use information for
other legitimate business purposes, including operating our business, analyzing
Services performance, and doing research. Below we provide further details
about how and why we use the information we collect.
- Manage your account when you create an account with Epson;
- Conduct ordinary business operations related to the
Services and your use of the Services;
- Provide customer service and support for the Services;
- Transact
and communicate with you, respond to your comments, questions and
requests, send you informational notices, and contact you if we need to
obtain or provide additional information from you;
- Facilitate,
manage, personalize and improve the Services;
- Conduct
research and analysis, including focus groups and surveys for product
development and improvement;
- Engage in marketing activities, including sending
direct marketing to customers, such as advertisements and communications
about the Services, offers, promotions, rewards, events, and other Epson
products and services. You may opt-out from
receiving marketing communications at any time.
- Prevent and address fraud, breach of policies or terms and
threats or harm.
- Maintain and protect the safety, integrity, and
security of the Services; and
- Meet our legal obligations and comply with the law.
3. How We Share Information
Epson’s agents, vendors, consultants, and
other service providers (collectively "Service Providers") may
receive limited access to your information in connection with their work on our
behalf. These Service Providers are contractually prohibited from using
Personal Information for any purpose other than providing such work. Epson may
share information about you and your use of the Services with Epson’s +affiliated
companies located in different countries. Epson may also share information with
its channel partners, resellers, and distributors for legitimate business
purposes. When we share your information, we require the recipient to abide by
our data privacy and security requirements, and we contractually prohibit the
use of Personal Information for any purpose other than as indicated in this
Privacy Statement. Epson may also share information about you as follows:
- To comply with the law, law enforcement or other legal process, and except as prohibited by applicable law, in
response to a government request;
- To protect the rights, property, life, health, security and
safety of Epson, the Services or any third party; and
- In connection with, or during negotiations of, any proposed or
actual merger, purchase, sale or any other type of acquisition or business
combination of all or any portion of Epson’s assets, or transfer of all or
a portion of Epson’s business to another company.
4. Use of Cookies
Epson uses cookies, pixels, web beacons, and
other similar technologies (collectively, “Cookies”) when you visit our website
(“Site”), and use any of the services provided through
our Site. We also engage certain providers (such as advertising networks,
analytics providers and social media platforms and networks) to use Cookies.
Under the various Privacy Laws, consumers have the right to opt-out of
processing of personal information for "targeted advertising” and
activities that are classified as a “sale” and/or “sharing,” which may include
data collection by Cookies. Epson allows you to enable or disable Cookies. For
example, you can use controls in your internet browser to limit the use of
Cookies, you can change our default settings by using the toggles we provide,
and you can withdraw your consent by clearing or blocking Cookies. Please note,
some features of our websites may not be available to you as a result. For
Google Analytics, at your end, you may exercise an opt out going to tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on.
You may adjust your Google advertising settings by visiting adssettings.google.com. You can also enable Global Privacy Control on your browser.
5. For How Long We Retain Information
Epson retains personal information, including
information about your use of the Services, for as long as necessary to provide
the Services to you, to provide support for the Services, meet its legitimate
business purposes, comply with legal obligations, resolve disputes, and enforce
our agreements, as allowed by applicable laws. When personal information is no
longer required to meet our legitimate business purposes, we will destroy or
delete the information.
6. Additional Disclosure for California
Residents and Other U.S. State Residents
These additional disclosures apply only to
individuals who reside in U.S. states that have passed comprehensive privacy
laws, including California. California law requires us to disclose information
with respect to our privacy practices. If you are a California resident, this
section applies to you in addition to the other provisions of this Privacy
Statement. The California Consumer Privacy Act of 2018 ("CCPA")
provides California consumers the right to know,
correct, delete, and opt out of the sale and sharing of their personal
information, and requires businesses collecting or disclosing personal
information to provide notices and means to exercise rights. Epson will process
your information in accordance with the applicable privacy law.
A. Notice of
Collection
In the past 12 months, we have collected
directly or indirectly the following categories of personal information
enumerated in the CCPA:
- Identifiers,
including name, email address, account name, IP address, and an ID or
number assigned to customer accounts.
- Customer records,
including name, email address.
- Internet activity,
including interactions with our Service.
- Device Information, including device serial number and configuration information
- Device and Usage Data, data about the type of device or browser used, operating
software, your device’s regional and language settings, and device
identifiers such as IP address.
For more information on information we
collect, including the sources we receive information from, please review
Section 1 above. We use these categories of personal information for the
business purposes described in Section 2 above, including to provide and manage
the Services. We use and partner with different types of entities to assist
with our daily operations and management of the Service and therefore share
information with them. Please review Section 3 above for more details about the
parties we have shared information with. In Section 5 above, we explain our
information retention practice.
B. Your Privacy
Rights
If you are a California resident, you have the
right to correct, delete the personal information we have collected from you
and the right to know certain information about our data practices in the
preceding 12 months. You also have non-discrimination right for exercising your
privacy rights. You have the right to request the following from us:
- The categories of personal information we have collected about
you;
- The categories of sources from which personal information was collected;
- The categories of personal information about you we disclosed
for a business purpose or sold;
- The categories of third parties to whom the personal
information was disclosed for a business purpose or sold;
- The business or commercial purpose for collecting or selling
personal information; and
- The specific pieces of personal information we have collected
about you.
Privacy
laws also allow you to
request the transfer of your personal information to another party in a digital
form. Where you have provided your consent to our information processing, you
have the right to withdraw it at any time. To exercise any of these rights,
please submit a request through our online form available at https://dsar.goepson.com or call our U.S. toll
free number at 1-800-822-0313. In the request, please specify which right you
are seeking to exercise. We will confirm receipt of your request within the
timelines set by law. For requests to know, correct, or delete, we may require
specific information from you to help us verify your identity and process your
request. If we are unable to verify your identity, we may deny your requests to
know, correct, or delete.
C. Authorized Agent
You can designate an authorized agent to
submit requests on your behalf. As authorized by the CCPA, we may require
written proof of the agent’s permission to do so.
D. Shine the
Light
Customers who are residents of California may request
(i) a list of the categories of personal information
disclosed by us to third parties during the immediately preceding calendar year
for those third parties’ own direct marketing purposes; and (ii) a list of the
categories of third parties to whom we disclosed such information. To exercise
a request, please write us at the email or postal address set out in “Contact
Us” above and specify that you are making a “California Shine the Light
Request.” We may require additional information from you to allow us to verify
your identity and are only required to respond to requests once during any
calendar year.
Nevada consumers may submit requests directing
businesses not to sell certain kinds of personal information that the business
has collected or will collect about the consumer. A sale under Nevada law is
the exchange of personal information for monetary consideration by the business
to a third party for the third party to license or sell the
personal information to other third parties. If you are a Nevada
consumer and wish to obtain information about our compliance with Nevada law,
please contact us at privacy.contact@ea.epson.com .
7. Children’s Privacy
The Services are not intended for nor targeted
toward children under the age of thirteen (13). Epson does not knowingly
collect personal information as defined by the U.S. Children’s Privacy
Protection Act ("COPPA") from children under the age of thirteen
(13), and if Epson learns that it has collected such information, Epson will
delete the information in accordance with COPPA. If you are a child under the
age of thirteen (13), you are not permitted to use the Services and should not
send any information about yourself to Epson. If you are a parent or guardian
and believe Epson has collected information in a manner not permitted by COPPA,
please contact Epson using the information provided above.
8. Data Security
Epson takes reasonable measures to help
protect information about you from loss, theft, misuse and unauthorized access,
disclosure, alteration and destruction. Nevertheless, please be aware that
information transmission via the Internet is not completely secure, and when
connected to the Internet, we cannot fully guarantee the security of your
information we have collected about you.
9. International Transfers
Seiko Epson is based in Japan and has
operations worldwide. Seiko Epson has affiliates based in the United States,
and other countries. As a result, your information may be transferred,
processed, and stored in the United States, Japan, and other countries we
operate and will receive the legal protections granted by the applicable laws.
If you are accessing the Service from outside of the U.S., please be aware that
information collected through the Service may be transferred to, processed,
stored and used in the United States. Your use of the Services or provision of
any information to Epson constitutes your consent to the transfer to and from,
processing, usage, sharing and storage of your information, including Personal
Information, in the United States and/or Japan.
10. Changes to this Privacy Statement
Epson reserves the right to revise and reissue
this Privacy Statement at any time. Any changes will be effective immediately
upon posting the revised Privacy Statement on our website. You agree to review
any updated Privacy Statement, Subject to applicable law, your continued use of
the Services indicates your consent to the updated Privacy Statement. If the
changes are material, Epson may provide you with additional notice, to your
e-mail address.
11. How to Contact Epson
For any requests relating to your Personal
Information, or if you have any questions about this Privacy Statement, you can
send an email to: epson.privacy@ea.epson.com. You can also contact
Epson by mail. Our address is: 3131 Katella Ave, Los Alamitos, CA 90720
CALIFORNIA RESIDENTS: To submit a request to
exercise your Consumer privacy rights, or to submit a request as an authorized
agent, use our Consumer Rights Request Portal, or call us at 1-800-822-0313, and respond to any follow-up
inquiries we make. Please be aware that we do not accept or process requests
through other means (e.g., via fax, chats, social media etc.).
OREGON RESIDENTS: Epson is currently
registered in the state of Oregon as Epson America, Inc.
Applicable Countries
This Privacy Statement applies to the following countries.
North America
Canada
United States
Mexico
Central America
Belize
Costa Rica
El Salvador
Guatemala
Honduras
Nicaragua
Panama
South America
Argentina
Bolivia
Brazil
Chile
Colombia
Ecuador
Guyana
Paraguay
Peru
Suriname
Uruguay
Venezuela
Caribbean Countries (Geographically part of
North America)
Antigua and Barbuda
Bahamas
Barbados
Cuba
Dominica
Dominican Republic
Grenada
Haiti
Jamaica
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Trinidad and Tobago
Puerto Rico
・PRIVACY STATEMENT | EPSON RC+ | FOR CUSTOMERS
IN EUROPE, MIDDLE EAST AND AFRICA
Privacy Information Statement
Personal Data
held in Epson’s CRM (Customer Relationship Management)
records
Edition
2.0 01/04/2024
Epson cares about your privacy and by this
statement gives information about your personal data, held in Epson’s CRM
records and associated systems.
What personal data Epson
collects and holds
Most information in Epson’s CRM records
relates to organisations with whom Epson companies do (or seek to do)
business. However, Epson also holds (and will hold in the future) some
information about you as an individual associated with such an
organisation.
·
Basic contact information such as your name, e-mail address, telephone
number or extension, and job role within your company. This may have been
provided by you (or by your organisation) or an Epson partner or obtained from
publicly available records such as websites or trade directories.
·
Any additional information you have told Epson companies or staff
about yourself.
·
Information added by Epson staff concerning contacts made with you and
about the extent of your interest in Epson products.
The Controller
Epson Europe B.V. is the controller of
your personal data.
Epson Europe B.V.
Azië
Building, Atlas Arena
Hoogoorddreef 5
1101BA Amsterdam
Zuid
The
Netherlands.
The purpose for processing
personal data about you
(‘Processing’
means anything Epson does with the information about you including gathering
it, holding it, using it and disclosing it.)
The only purpose for which Epson will process your
personal data is enabling contact (by Epson and its subsidiary companies) with
your organisation.
The legal basis for this is that it is necessary for
the legitimate interests of Epson or companies within
the Epson group in making and maintaining contact with your
organisation.
If you choose to
give information beyond that which Epson requires you to provide, the basis for
processing that information is your consent, as demonstrated by your voluntarily
providing it. You have the right to withdraw that consent at any
time. You can do this by writing to Epson at the address shown above or
following instructions in the paragraph ‘’Contacting Epson to exercise your
rights’’.
If, in the future, Epson wishes to process your data
for some other purpose it will first provide you with information about that
other purpose.
If you are an existing customer: Epson may also use your personal data for the purpose
of electronic marketing communications to your organisation, (normally by
e-mail to you). which may include:
·
conducting
surveys and asking your organisation’s opinion on our products and services
·
notifying
your organisation of products or offers that may be of interest to it
·
notifying
your organisation of promotions such as free gifts, contests and prize draws.
·
marketing
analysis and customer profiling
·
invitations
to events
You can opt out of this additional purpose
(independently of your right to object to Epson processing data for the general
purposes described above) at any time by writing to Epson at the address shown above, or following instructions in the paragraph ‘’Contacting Epson to exercise your rights’’.
If you are not an existing customer: Epson is unable to use your personal data for the
purpose of sending electronic marketing communications to the organisation you
represent, without your specific consent.
How
long Epson will hold my data for sales activities
Epson will hold your personal data while your
organisation is recorded in Epson’s records. When this ceases to be the
case your information will only be kept as an archive record.
Personal data may be held for longer periods where
extended retention periods are required by law or regulation and in order to establish, exercise or defend Epson’s legal
rights.
What personal information
Epson shares with third parties and transfers outside the EEA
Epson uses third parties to perform some
processing activities on its behalf. Some or all of
your personal data may be disclosed to them, but they are only permitted to use
the disclosed data for the purposes for which Epson holds your data and in
accordance with Epson’s directions.
Some of our external third parties are
based outside the EEA so their processing of your personal data will involve a
transfer of data outside the EEA.
Epson shares your personal data within
Epson’s companies. This involves transferring your personal data outside the
European Economic Area (EEA).
If you are located in
a country outside the EEA, your personal data will be also transferred to that
country.
Whenever Epson transfers your personal
data outside the EEA, Epson ensures that a similar degree of protection is
afforded to it by the implementation of at least one of the following
safeguards:
Epson will only transfer your personal
data to countries that have been deemed to provide an adequate level of
protection for personal data by the European Commission.
When Epson shares your personal data
within Epson’s companies or uses certain third parties, Epson uses the Model
contracts for the transfer of personal data to third countries approved by the
European Commission, which give personal data the same protection it has in
Europe.
Please contact us if you want further
information on the specific mechanism used by us when transferring your
personal data outside the EEA.
Data Security
Epson has security measures in place to
protect your information and prevent your personal data from being accidentally
lost, used or accessed in an unauthorised way, altered or disclosed. In
addition, Epson gives access to your personal data to those employees, agents,
contractors and other third parties based on “need to know” principle. They
will only process your personal data on our instructions, and they are subject
to a duty of confidentiality.
Epson has procedures in place to deal with
any suspected personal data breach and will notify you and any applicable
authority of a breach where we are legally required to do so.
Contacting the Epson Data
Protection Officer
The controller of the information and its
European Data Protection Officer may be contacted by writing to:
The EDPO
Epson
Europe B.V.
Azië Building, Atlas Arena
Hoogoorddreef 5
1101BA
Amsterdam Zuid
The
Netherlands.
or, using E-mail: edpo@epson.eu
Contacting Epson to exercise
your rights
As a “data subject” you have statutory
rights to request from Epson access to and rectification or erasure of personal
data or restriction of processing concerning yourself or to object to
processing as well as the right to data portability and the right to lodge a
complaint with a supervisory authority.
Please provide Epson with your personal
details in this form so we can verify your identity. In some circumstances we
may request additional forms of ID from you, such as your passport or driving
license.
You can exercise your statutory rights at
any time by writing at the contacts above or using the link Contact us about your data | Epson United
Kingdom.
[End of Privacy Statement]