EPSON END USER SOFTWARE LICENSE AGREEMENT

NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE 
DOWNLOADING, INSTALLING OR USING THIS PRODUCT. IF YOU ARE 
LOCATED IN THE UNITED STATES, SECTIONS 16-18 OF THIS DOCUMENT 
APPLY TO YOU. SECTION 17 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 17.7 FOR THOSE WHO WISH TO BE EXCLUDED FROM THE 
ARBITRATION AND CLASS WAIVER. 

IF YOU ACQUIRE THIS PRODUCT IN AUSTRALIA, SECTIONS 19 – 26 OF THIS 
DOCUMENT MAY APPLY TO YOU. SECTIONS 19 – 26 SET OUT MANDATORY 
STATUTORY PROTECTIONS WHICH CANNOT BE EXCLUDED UNDER LAW. 
WHERE INDICATED, OTHER TERMS IN THIS AGREEMENT ARE SUBJECT TO 
SECTIONS 19 – 26.

This is a legal agreement (“Agreement”) between you (an individual or entity, referred to 
hereinafter as “you”) and Seiko Epson Corporation (including its affiliates, “Epson”) for 
your use of the enclosed software programs, including any related documentation or updates 
(collectively referred to hereinafter as the “Software”). Pursuant to the enclosed software 
programs, the Software includes available firmware, a software application and/or any other 
programs, and/or any related documentation thereof. BEFORE DOWNLOADING, 
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 as set out in Section 15. If you do not agree 
with the terms and conditions of this Agreement, you must not install or use the Software.

1.	Grant of License.
Epson hereby grants to you the following limited, non-exclusive, non-transferable and 
royalty-free license;
(i)  to use, refer to and/or reproduce the Software, to the extent necessary for creating 
software products ("Derivative Software Products") which (a) integrate with the Software, 
(b) work as an independent computer program or as a plug-in for such an program and (c) 
support hardware products provided by Epson ("Epson Hardware"); and
(ii) to distribute, whether with or without consideration, the Software (either directly or 
through distributors, dealers etc.) as an integrated component of the Derivative Software 
Products, to an individual or entity (”Software Users”).

2.	Other Rights and Limitations.
2.1.	You may use the Software only in connection with the Epson Hardware.
2.2.	You must distribute this Agreement with the Software when you distribute the 
Software as a component of the plug-in.
2.3.	Subject to Section 20 (which may apply to you if you acquire goods and services 
from Epson in Australia), you shall have the sole responsibility arising out of 
developing, manufacturing or distributing the Derivative Software Products, including 
the responsibility to provide technical support in connection with the Software to 
Software Users. For avoidance of doubt, Epson has no obligation to provide Software 
Users with technical support.
2.4.	Subject to Section 20 (which may apply to you if you acquire goods and services 
from Epson in Australia), Epson may, in its sole discretion, provide you with technical 
support regarding the Software upon your request to the extent necessary for creating 
the Derivative Software Products. Epson may, in its sole discretion, refuse to provide 
you technical support, including, but not limited to, where technical support service is 
required for any previous version of the Software.
2.5.	You agree not to attempt to reverse engineer, decompile, disassemble or otherwise 
attempt to discover the source code of the Software.

3.	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 
applicable intellectual property laws and treaties. There is no transfer to you of any title to or 
ownership of the Software and the License granted under this Agreement shall not be 
construed as a sale of any rights in the Software. You agree not to remove or alter any 
copyright, trademark, registered mark 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 and is 
protected by national and/or international intellectual property laws, conventions and 
treaties. For clarity, (1) you may only use the Materials for non-commercial purposes only, 
(2) you may only edit, adjust and copy the Materials in the manner designated by the 
Software, and (3) you may use the Materials only for lawful personal use, home use or as 
otherwise legally permitted.

4.	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 “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 the end of this Agreement, relevant user manual/CD, or the license information 
displayed in Software. To the extent required by the licenses covering Third-Party 
Components, the Third-Party Components are licensed to you directly by the relevant 
licensor which is under a separate agreement between you and the licensor or are 
sublicensed to you by Epson under 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 under this Agreement will 
not apply to such Third-Party Component.

5.	Disclaimer of Warranty and Remedy. 
Subject to Section 20 and 21 (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 is not liable for performance delays or 
for nonperformance due to causes beyond its reasonable control. EPSON DISCLAIMS ALL 
OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT 
LIMITATION, ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, 
AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES OR JURISDICTIONS, 
HOWEVER, DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED OR 
STATUTORY WARRANTIES, AND IN SUCH STATES, THE ABOVE LIMITATION 
MAY NOT APPLY TO YOU.

6.	Limitation of Liability. 
Subject to Section 20 and/or 22 (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 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.

7.	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 that the Software qualifies as “commercial” 
computer software within the meaning of FAR Part 12, paragraph (b) of FAR Subpart 
27.405, or DFARS Subpart 227.7202, as applicable, and that no other regulation, or FAR or 
DFARS data rights clause, applies to the delivery of this Software to the Government. 
Accordingly, 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 cited FAR and DFARS provisions do not govern, the 
Government agrees to return the Software, unused, to Epson.

8.	Export Restriction. 
You agree that the Software will not be shipped, transferred or exported into any country or 
used in any manner prohibited by the United States Export Administration Act or any other 
applicable export control laws, restrictions or regulations.

9.	Entire Agreement. 
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.

10.	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.

11.	Severability; Modifications. 
If any provision herein is found void or unenforceable by a court of competent jurisdiction 
(subject to Section 17.8 and 17.9 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. This Agreement may only be modified in writing signed by an authorized 
representative of Epson.

12.	Indemnification. 
Subject to Section 22 (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 or any use of any hardware 
cooperating with 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.

13.	Termination. 
Subject to Section 22 (which may apply to you if you acquire goods and services from Epson 
in Australia), without prejudice to any other rights Epson has, your license rights under 
Section 1 above and your warranty rights under Section 5 above, shall automatically 
terminate upon failure by you to comply with this Agreement. Upon termination of such 
rights, you agree that the Software, and all copies thereof, will be immediately destroyed.

14.	Capacity and Authority to Contract. 
Subject to Section 22 (which may apply to you if you acquire goods and services from Epson 
in Australia), 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.

15.	Privacy, Information Processing. 
The Software may have the ability to connect over the Internet or any network, to transmit 
data directly or indirectly to and from your device having been installed the Software 
(""Device""). For example, if you install the Software, the Software may cause your Device to 
send information about the Software, your Device and/or your hardware such as model and 
serial number, country identifier, language code, operating system information, and usage 
information to Epson for the purpose of updating firmware of the Epson Hardware. 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 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 shall prevail over the Epson Privacy Policy 
stated above.

(IF YOU ARE LOCATED IN THE UNITED STATES, THE FOLLOWING SECTIONS 16 
- 18 APPLY TO YOU)

16.1.	Ink Purchases.
For certain Epson printer products sold in North America, the Software may also display an 
option to buy ink from Epson. If you click on the buy button, the Software will cause your 
Device to display Epson Hardware cartridge types and ink levels and provide other 
information about your cartridges, such as the colors, available cartridge sizes, and prices for 
replacement ink cartridges, which you may purchase online from Epson.

16.2.	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.

17.	DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS 
ACTIONS AND CLASS ARBITRATIONS
17.1	Disputes.
The terms of this Section 17 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 dispute, claim, controversy or action between you and 
Epson arising out of or relating to this Agreement (including its formation, 
performance or breach), the Software, your hardware cooperating with the Software, 
the parties’ relationship with each other and/or 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”). You 
and Epson also agree, notwithstanding Section 17.6, that a court, not an arbitrator, 
may decide if a claim or cause of action is for an IP Claim.

17.2	Initial Dispute Resolution.
Before submitting a claim for arbitration in accordance with this Section 17.2, 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 
17.3. Notice to Epson must be addressed to: Epson America, Inc., ATTN: Legal 
Department, 3131 Katella Ave, Los Alamitos, CA 90720. 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 Section 17.3.

17.3	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 17.2 above, then 
either party may initiate binding arbitration. 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, binding arbitration shall be administered by JAMS, a nationally 
recognized arbitration provider, pursuant to the JAMS Streamlined Arbitration 
Rules and Procedures or its code of procedures then in effect for consumer related 
disputes, but excluding any rules that permit class arbitration (for more detail on 
procedure, see Section 17.6 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 17, (b) this Agreement memorializes a transaction in 
interstate commerce, and (c) this Section 17 shall survive termination of this 
Agreement.

17.4	Small Claims Court.
Notwithstanding the parties’ agreement to resolve Disputes through arbitration, 
you or we may bring an individual action in the small claims court of your state or 
municipality if the action is within that court’s jurisdiction and is pending only in 
that court.

17.5	WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.
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 17 
SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE 
PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE 
DISPUTES.

17.6	Arbitration Procedure.
If you or Epson commences arbitration, the arbitration shall be governed by 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. 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, a court may 
determine 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 17.1 above. 
The arbitrator shall be empowered to grant whatever relief would be available in a 
court under law or in equity. In some instances, the costs of arbitration can exceed 
the costs of litigation and the right to discovery may be more limited in arbitration 
than in court. Each party will have the right to use legal counsel in connection with 
arbitration at its own expense. The arbitrator’s award is binding and may be 
entered as a judgment in any court of competent jurisdiction. You may choose to 
engage in arbitration hearings by telephone, or if 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.
　　　　(a) Initiation of Arbitration Proceeding.
If either you or Epson decides to arbitrate a Dispute, 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. You can find a copy of 
a Demand for Arbitration at http://www.jamsadr.com (“Demand for Arbitration”).
(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 (same address 
as the notice of Dispute in Section 17.2), or as otherwise agreed by the parties.

　　　　(b) Hearing Format.
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. The discovery or exchange of non-privileged 
information relevant to the dispute may be allowed during the arbitration.

17.7	30 day right to Opt-out.
You may elect to opt-out (exclude yourself) from the final, binding, individual 
arbitration procedure and waiver of class proceedings specified in this Agreement 
by sending a written letter to the Epson Address listed above in Section 17.2 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 17. In the event that you opt-out consistent with the procedure set forth 
above, all other terms 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.

17.8	Amendments to Section 17.
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 17 (or resolve disputes as provided 
for in Section 17.2, if you timely elected to opt-out when you first assented to this 
Agreement).

17.9	Severability.
If any provision in this Section 17 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 17.5. This means that if Section 17.5 is found to be unenforceable, the 
entire Section 17 (but only Section 17) shall be null and void.

18.	For New Jersey Residents.
NOTWITHSTANDING ANY TERMS SET FORTH IN THIS AGREEMENT, IF ANY 
OF THE PROVISIONS SET FORTH IN SECTIONS 5 OR 6 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.

(IF YOU ACQUIRE THE PRODUCTS IN AUSTRALIA, THE FOLLOWING SECTIONS 
19 –26MAY APPLY TO YOU) 

19.	Definitions. 
For the purpose of the following Sections 20 –26of this Agreement, the Australian Consumer 
Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

20.	Australian Consumer Law.
Nothing in this Agreement applies where it would exclude, restrict or modify any right or 
remedy you may have or the obligation of Epson under the Australian Consumer Law if 
such right or remedy cannot lawfully be excluded, restricted or modified. 

21.	Disclaimer of Warranty and Remedy. 
Section 5 will not apply to you. The following terms will apply instead:
EXCEPT THAT NOTHING IN THIS CLAUSE EXCLUDES, RESTRICTS OR 
MODIFIES ANY RIGHTS OR REMEDIES WHICH CANNOT BE EXCLUDED 
UNDER THE AUSTRALIAN CONSUMER LAW: (1) you acknowledge and agree 
that the use of the Software is at your sole risk; (2) THE SOFTWARE IS 
PROVIDED ""AS IS"" AND WITHOUT ANY WARRANTY OF ANY KIND; (3) 
EPSON AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE 
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE 
SOFTWARE; (4) 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; (5) Epson is not liable for performance delays or for nonperformance 
due to causes beyond its reasonable control; (6) EPSON DISCLAIMS ALL 
OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT 
NOT LIMITED TO, ALL WARRANTIES OF NON-INFRINGEMENT, 
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

22.	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 23 –26will apply to you.

23.	Limitation of Liability.
   Section 6 will not apply to you. The following terms will apply instead:
SUBJECT TO SECTION 20, 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 THIS AGREEMENT, EVEN 
IF THAT PARTY OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE 
POSSIBILITY OF SUCH DAMAGES.

24.	Indemnification
Section 12 will not apply to you.

25.	Termination. 
   Section 13 will not apply to you. The following terms will apply instead:
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.

26.	Capacity and Authority to Contract. 
In addition to the representation made by you in Section 14, Epson represents that it has 
all necessary authority to enter into this Agreement.
As of 2023