EPSON END USER SOFTWARE LICENSE AGREEMENT

1.Grant of License.
Subject to Section 28 (which may apply to you if you acquire goods and services from Epson in Australia), Epson grants you a limited, non-exclusive license to download, install and use the Software for your personal and internal business use on hard disks or other storage devices, or on a smartphone, tablet, or other mobile device (collectively, "Device"), provided that the Software is used (i) only in a single location (e.g., a home or office or place of business), or in the case of a mobile device, on a Device owned or otherwise controlled by you, and (ii) only in connection with an Epson brand computer peripheral product or service provided by Epson and/or its suppliers (the Epson Hardware) to you. You may allow other users of the Epson Hardware connected to your network to use the Software, provided that you shall ensure that such users use the Software only in accordance with this Agreement. You agree to be responsible for and indemnify Epson for liabilities incurred as a consequence of use by such users. You may make backup copies of the Software, as necessary, provided the backup is only used to support your use of the Epson Hardware.

2.Upgrades and Updates.
Subject to Section 28 (which may apply to you if you acquire goods and services from Epson in Australia), if you acquire an upgrade, updated version, modified version, or additions to or for the Software from Epson, the upgrade, updated version, modified version, or addition, shall be included in the defined term Software and governed by this Agreement. You acknowledge that Epson has no obligation to provide you with any Updates (as defined below in this Section 2) to the Software. Epson may, however, from time to time, issue updated versions of the Software and the Software may automatically connect to Epson or third-party servers via the Internet to check for available updates to the Software, such as bug fixes, patches, upgrades, additional or enhanced functions, plug-ins and new versions (collectively, "Updates") and may either (a) automatically electronically update the version of the Software that you are using on your Device or (b) give you the option of manually downloading applicable Updates. If you installed the EPSON Software Updater and do not wish to allow Epson to check for available updates to the Software, you may disable this feature by uninstalling EPSON Software Updater. By installing the Software and not disabling any automated check for Updates, if applicable, you hereby agree and consent to automatically request and receive Updates from Epson or third-party servers, and that the terms and conditions of this Agreement shall apply to all of these Updates.

3.Other Rights and Limitations.
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 may not rent, lease, distribute, license, disclose or lend the Software to third-parties. You may, however, 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 the Software, including all copies, updates and prior versions, and the Epson Hardware, to such person or entity. 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 outside the single location referred to in Section 1 above.

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 in 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) the Materials shall be used for non-commercial purposes only, (2) the Materials shall be edited, adjusted and copied only 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.

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 "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 on your Device/in Software. To the extent required by the licenses covering Third-Party Components, the terms of such licenses 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.

6.Multiple Versions of Software.
You may receive or obtain the Software in more than one version (e.g. for different operating environments; two or more language translation versions; downloaded from an Epson server or on a CD-ROM), however, regardless of the type or number of copies you receive, you still may use only the media or version appropriate for the license granted in Section 1 above.

7.Disclaimer of Warranty and Remedy.
Subject to Sections 25 and/or 28 (which may apply to you if you acquire goods and services from Epson in Australia): If you obtained the Software by media from Epson or a dealer, Epson warrants that the media on which the Software is recorded will be free from defects in workmanship and materials under normal use for a period of 90 days from the date of delivery to you. If the media is returned to Epson or the dealer from which the media was obtained within 90 days of the date of delivery to you, and if Epson determines the media to be defective and provided the media was not subject to misuse, abuse, misapplication or use in defective equipment, Epson will replace the media, upon your return to Epson of the Software, including all copies of any portions thereof. 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 and exclusive liability and your exclusive remedy for breach of warranty shall be limited to either, at Epson's option, the replacement of the media for the Software or to refund your money upon returning the Software and Epson Hardware. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. If the above remedy fails for any reason, Epson's entire liability for a breach of warranty shall be limited to a refund of the price paid for the Epson Hardware. Epson is not liable for performance delays or for non-performance 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. 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.

8.Limitation of Liability.
SUBJECT TO SECTION 25 AND/OR 28 (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.

9.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.

10.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 export laws, restrictions or regulations.

11.Entire Agreement.
Subject to Section 28 (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.

12.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.

13.Severability; Modifications.
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. This Agreement may only be modified in writing signed by an authorized representative of Epson.

14.Indemnification.
Subject to Section 28 (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 the Epson Hardware. 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.

15.Termination.
Subject to Section 28 (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 7 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.

16.Capacity and Authority to Contract.
Subject to Section 28 (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.

17.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 such as model and serial number, country identifier, language code, operating system information, and Epson Hardware usage information to an Epson Internet site which may return 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 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.

18.Third Party Websites.
You may, through hypertext or other computer links from the Software, gain access to websites and use certain services that are not under the control of or operated by Epson, but rather are controlled by third-parties. You acknowledge and agree that Epson is not responsible for such third-party sites or services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. These third-party websites/services are subject to different terms and conditions and when you access and use third-party websites/services, you may be legally bound by the terms and conditions of those websites/services. Although Epson may provide a link to a third-party website/service from the Software, such a link is not an authorization, endorsement, sponsorship or affiliation by Epson with respect to such website/services, its content, its owners or its providers. Epson provides such links for your reference and convenience only. Accordingly, Epson makes no representations whatsoever concerning such websites/services and does not provide any support related to such third-party sites or services. Epson has not tested any information, products or software found on such websites/services and therefore cannot make any representations whatsoever with respect thereto. You agree that Epson is not responsible for the content or operation of such websites/services, and it is up to you to take precautions to ensure that whatever you select is free of items such as viruses, worms, Trojan horses and other items of a destructive nature. You are solely responsible for determining the extent to which you may use any content at any other websites/services to which you link from this Software.

(IF YOU ARE LOCATED IN THE UNITED STATES, THE FOLLOWING SECTIONS 19 - 23 APPLY TO YOU)

19.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.

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.
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.

22.DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

22.1Disputes.
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 and includes any dispute, claim, controversy or action between you and Epson arising out of or relating to this Agreement, the Software, Epson Hardware, or other transaction involving you and Epson, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis. "DISPUTE" DOES NOT INCLUDE IP CLAIMS, or more specifically, 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 22.6, that a court, not an arbitrator, may decide if a claim or cause of action is for an IP Claim.

22.2Binding 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 GROUNDS FOR APPEAL ARE LIMITED. Pursuant to this Agreement, binding arbitration shall be administered by JAMS, a nationally recognized arbitration authority, pursuant to its code of procedures then in effect for consumer related disputes, but excluding any rules that permit joinder or class actions in arbitration (for more detail on procedure, see Section 22.6 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 22, (b) this Agreement memorializes a transaction in interstate commerce, and (c) this Section 22 shall survive termination of this Agreement.

22.3Pre-Arbitration Steps and Notice.
Before submitting a claim for arbitration, 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. Notice to Epson must be addressed to: Epson America, Inc., ATTN: Legal Department, 3131 Katella Ave. Los Alamitos, CA 90720 (the "Epson Address"). The Dispute Notice 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 Epson Address above. 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 (the "Dispute Notice"). Following receipt of the Dispute Notice, Epson and you agree to act in good faith to resolve the Dispute before commencing arbitration.

22.4Small Claims Court.
Notwithstanding the foregoing, you 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.

22.5WAIVER 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 PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT ALLOWED. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING.

22.6Arbitration Procedure.
If you or Epson commences arbitration, the arbitration shall be governed by the rules of JAMS that are in effect when the arbitration is filed, excluding any rules that permit arbitration on a class or representative 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, 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 22.1 above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator may award you the same damages as a court could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. 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. 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. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence, or in Orange County, California, at your option.

22.7Opt-out.
You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure and waiver of class and representative proceedings specified in this Agreement by sending a written letter to the Epson Address within thirty (30) days of your assent to this Agreement (including without limitation the purchase, download, installation of the Software or other applicable use of Epson Hardware, products and services) 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 and representative proceedings specified in this Section 22. 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.

22.8Amendments 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 22.7, if you timely elected to opt-out when you first assented to this Agreement).

22.9Severability.
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 or representative 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 7 OR 8 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 SOFTWARE IN AUSTRALIA, THE FOLLOWING SECTIONS 24 - 35 APPLY TO YOU)

24.Definitions.
For the purpose of the following Sections 24 - 35 of this Agreement, the Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

25.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 26 and 27.

26.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:

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:

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.

27.Disclaimer of Warranty and Remedy.
Section 7 will not apply to you. The following section will apply instead:
EXCEPT THAT NOTHING IN THIS ARTICLE EXCLUDES, RESTRICTS OR MODIFIES ANY WARRANTIES, GUARANTEES, RIGHTS OR REMEDIES WHICH CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW:

(A) You acknowledge and agree that the use of the Software is at your sole risk;
(B) THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND;
(C) EPSON AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE;
(D) 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;
(E) Epson is not liable for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind arising out of performance delays or for non-performance due to causes beyond its reasonable control; and
(F) 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.

28.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 29 - 35 will apply to you.

29.Grant of License.
The obligation to indemnify Epson set out in Section 1 (Grant of License) does not apply to you. You acknowledge and agree that you are responsible and liable to Epson for any reasonable loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind incurred by Epson arising out of any act and omission of other users you allow to use the Software as though it were an act or omission by you.

30.Upgrades and Updates.
Where Epson automatically updates the Software under Section 2 (Upgrades and Updates), you may terminate this Agreement in writing with no further liability to Epson if a material feature of the Software is changed, discontinued or removed (as a result of the bug fixes, patches, upgrades, additional or enhanced functions, plug-ins and new versions) from the Software and you can demonstrate that this has more than a minor detrimental impact on you.

31.Limitation of Liability.
Section 8 will not apply to you. The following section will apply instead:

SUBJECT TO SECTION 26, 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.

32.Entire Agreement.
Section 11 (Entire Agreement) will not apply to you.

33.Indemnification.
Section 14 (Indemnification) will not apply to you.

34.Termination.
Section 15 (Termination) will not apply to you. The following section 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.

35.Capacity and Authority to Contract.
In addition to the representation made by you in Section 16 (Capacity and Authority to Contract), Epson represents that it has all necessary authority to enter into this Agreement.

PHOTO BOOK SERVICE AGREEMENT

Article 1(Definition of the Service, Acceptance to the Terms of this Agreement)

1.1The "Service" means the various services provided using the Internet, in order to provide Customer, as printing shops, and End Users with data storage services via which the Customer receives the End Users' printing data from the End Users.

1.2At the time of Your commencement of using the Software, You shall be deemed to have accepted the Terms of this Agreement between the You and Epson on the Terms of this Agreement and Individual Use Conditions shall be established.

1.3The "End Users" means those who You permit to use the Software and transmit to you printing data on the data storage provided by Epson for the Service.

1.4The "Designated Term" means the period through which an End User can save its printing data on the data storage provided by Epson for the Service. Epson will delete saved printing data after expiration of the Designated Term. The Designated Term is displayed on an interface screen of the Software on the End Users' device. Notwithstanding the above, the Designated Term expires immediately by End Users deleting their data on the data storage.

1.5You agree that any matters relating to ordering, printing and/or delivery between You and the End Users are not covered by this Service, and needs another agreement between You and the End Users separately.

Article 2(Handling of personal information)

2.1The Service records Customer access as a log (history) (hereinafter referred to as "Access Log"). The Access Log is used to detect unauthorized access to the Service, and will not be used for any other Purpose. The Access Log contains no information that identifies You personally.

Article 3(Required devices)

3.1You are solely responsible for creating backups by separately storing information or data registered or stored in the Service other than the End Users' printing data.

3.2You shall prepare the devices required to use the Service (hereinafter referred to as "Device"), software, all other related Devices which are needed and any necessary telecommunication services such as a telecommunications carrier (hereinafter collectively referred to as "Equipment") at Your own expense and responsibility.

3.3Management of the Devices set forth in Article 3.2 shall be at the Your own expense and responsibility. Epson shall not be liable in case of disclosure or leaking of any of Your information, including Personal Information, data and Registration Information to a third-party (including the End Users; hereafter the same shall apply), as a result of Your loss of the Device.

Article 4(Limitations due to the operating environment)

4.1The Service may not be available due to Your network environment or Internet connection, or changes in the network environment or Internet connection.

Article 5(Grant of License)

5.1Epson grants You the following limited and non-exclusive, revocable and non-transferable rights to use the Service, including:

(i) The right to download and use End Users' printing data uploaded on a server pursuant to the End Users' designation only through the Designated Term. The server the End Users use is designated by Epson.
(ii) Other rights to use the functions as specified by Epson.

5.2Any right not expressly granted in the Terms of this Agreement shall remain with Epson or the third-party licenser of Epson. No right or license shall be construed or implied under the theory of law, or interpreted by estoppel or commercial practice. Unauthorized use of the Service is prohibited, regardless of the Purpose of such use.

Article 6(Principle of personal responsibility)
Subject to Article 20 and/or Article 23 (which may apply to You if You acquire goods or services from Epson in Australia):

6.1You shall be liable for the handling and resolution of any damage or disputes arising from or suffered by You or any third-party, as a result of Your use of the Service, or Your illegal or prohibited action as specified in Article 7 while using the Service. Epson shall not be liable regardless of cause.

6.2Epson reserves the right to seek for compensation for damages to Epson caused by Your use of this Service.

Article 7(Prohibitions)

7.1Subject to Article 23 (which may apply to You if You acquire goods or services from Epson in Australia), You are prohibited from carrying out the acts which correspond to any of the items specified in the following by Yourself or allow a third-party to do so, while using the Service.

(i) Acts which violate laws or regulations, court judgments, decisions or orders, or legally binding administrative measures, or acts which may promote such.
(ii) Acts of fraud or intimidation to Epson or a third-party.
(iii) Acts against public policy.
(iv) Acts which infringe on property, intellectual property rights, privacy, reputation or other rights or interests of Epson or a third-party.
(v) Acts which may lead to malfunction or failure of the Service.
(vi) Acts of using, creating, or distributing external tools which use unintentional bugs of the Service, or which may lead to unintentional effects on the Service.
(vii) Unauthorized access to Epson networks or systems, or attemptation of such.
(viii) Acts which lead to excessive burden on the Service or the Epson server.
(ix) Acts of disassembling, decompiling, reverse-engineering the Service, or any other acts analyzing the source code of the Service.
(x) Acts with risks of interfering with the operation of the Service.
(xi) Acts which help finance antisocial forces.
(xii) Acts which may result in disadvantage, damage, or discomfort to Epson or third-party.
(xiii) Acts which use the Service or Product Information outside the scope of the license granted under the Terms of this Agreement.
(xiv) Acts which reproduce, use, retain, disclose or distribute the End Users' printing data without an explicit consent of the End Users.
(xv) Acts which may promote the acts specified in the foregoing, or acts with risks of corresponding to the prohibitions specified in the foregoing as deemed by Epson.
(xvi) Other acts deemed inappropriate by Epson.

Article 8(Intellectual property rights)

8.1Title, ownership rights, and intellectual property rights in and to the Service shall remain with Epson or its licensors. The Service 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 Service and the Terms of this Agreement shall not be construed as a sale of any rights in the Service. Epson and/or its licensors reserve all rights not expressly granted in the Terms of this Agreement.

8.2You must not remove or alter any copyright, trademark, registered mark and other proprietary notices on any copies of the Service.

8.3Nothing contained on and in the Service should be construed as granting by implication estoppel or otherwise any license or right to use any trademarks displayed on and in the Service. The absence of a product or service name or logo attribution anywhere in the text of the Service does not constitute a waiver of any trademark or other intellectual property rights concerning that product or service name or logo.

Article 9(Exemption from liability for the Service)
Subject to Article 20 and/or Article 23 (which may apply to You if You acquire goods or services from Epson in Australia):

9.1In the event a problem or dispute arises between You and a third-party related to or alleged to relate to Your use of the Service, resolution shall be made by You at Your own cost and responsibility. Epson shall not be liable for such dispute.

9.2Epson shall not be liable for any loss or damage related to or arising from a third-party's gross negligence or willful misconduct.

9.3Epson may disclose Registration Information or any data sent or received through the Service by You if required and have no reasonable cause to refuse to do so by a court of law, government agency, competent supervisory agency, or other official body in Japan or elsewhere in accordance with law or regulation. Epson shall not be liable for any damages incurred by You due to the disclosure.

9.4In case a link is provided from the Service to another service or website, or a link is provided by another service or website to the Service, Epson shall not be liable for services other than the Service, other websites, or information obtained from such services and websites.

9.5If the states do not allow the exclusion or limitation of damages in certain transactions, and in such states, the limitations and exclusions in the Terms of this Agreement may not apply and, Epson shall be liable only for Your direct and general loss or damage; provided, however, that this shall not apply to any loss or damage related to or arising from Epson's gross negligence or willful misconduct.

Article 10(No Warranty)
Subject to Article 20 (which may apply to You if You acquire goods or services from Epson in Australia):

10.1Epson makes no representations or warranties related to the Service as to non-infringement of trademark, patent, copyright, and all other intellectual property rights and trade secret, privacy, and all other legal or moral rights of a third-party.

10.2Epson makes no representations or warranties that the use or operation of the Service meets all applicable laws, rules and regulations of all states, and Epson shall not be liable for Your use of the Service in the states that do not allow use or operation of the Service.

10.3Epson does not warrant that You may use the Service by all devices, and You shall acknowledge and agree that the update of the operation system or browser of Your device might make error for the Service. Epson does not warrant that upgrade, update or modification for the Service by Epson correct such error.

Article 11(Customer's responsibility)

11.1Subject to Article 20 and/or Article 23 (which may apply to You if You acquire goods or services from Epson in Australia), You shall be solely liable for Your use of the Service and the End Users' printing data.

11.2You acknowledge and agree that none of the End Users' printing data on the server is handled, including but not limited to used, modified or deleted by Epson and a provider who has been entrusted by Epson to provide You and the Shop with the data storage unless otherwise specified in the Terms of this Agreement. You also acknowledge and agree that Epson and the provider have no obligation to modify or delete the End Users' printing data on the server pursuant to the End Users' request.

Article 12(Obligation of Confidentiality)
Subject to Article 23 (which may apply to You if You acquire goods or services from Epson in Australia):

12.1You hereby agree:

(i) to keep and maintain all printing data (including but not limited to image files, thumbnail files, created date and time, uploaded date and time, file name, order number, paper size, pages and/or total number of pages thereof) received from the End Users through the Software or the Service ("Confidential Information") in the strictest of confidence and to protect the Confidential Information by using the same degree of care (but no less than a reasonable degree of care) that You would use to protect Your own non-public information, data, ideas and/or concepts and materials of a similar nature unless otherwise agreed by You and the End Users;
(ii) not to use the Confidential Information other than for the purpose contemplated under the Terms of this Agreement ("Purpose"); and
(iii) not disclose, publish or disseminate the Confidential Information to any person or entity except to Your officers and employees who:

12.2In the event You become aware of the unauthorized use, or threatened unauthorized use, of the Confidential Information, You shall promptly notify Epson and the End Users who transmitted its printing data to You.

Article 13(End of use of the Service)
Subject to Article 23 (which may apply to You if You acquire goods or services from Epson in Australia):

13.1You may terminate the Terms of this Agreement at any time by uninstalling the Software.

13.2When the End Users terminate use of the Service, Epson will delete the data stored, recorded or managed on the server by the End Users. In such case, the End User is deemed to agree in advance to no longer use or browse the data. Epson shall have no obligation to delete such data and to restore or cancel such deleted data, pursuant to Your request or the End Users' request.

13.3Even after termination of use of the Service, Articles 3, 6, 7, 8, 9, 10, 11 and 12 shall survive.

13.4At the time of termination of use of the Service by You, any un-matured payment obligations owed by You to Epson shall be deemed to be matured, and You shall make immediate payment of the full amount.

Article 14(Change, suspension, or termination of the Service)
Subject to Article 23 (which may apply to You if You acquire goods or services from Epson in Australia):

14.1Epson may temporarily suspend or terminate the Service or change the contents of the Service, all or in part, at the discretion and judgment of Epson, without prior notification or consent from You. Epson shall not be liable for any disadvantage or damage incurred by You or any third-party due to such temporary suspension, termination or change.

14.2In the event of any of the reasons as described in the following subsections, Epson may change the contents of the Service, all or in part, or temporarily suspend or terminate the Service, at the discretion and judgment of Epson, without prior notification or consent from the customer. Epson shall not be liable for any disadvantage or damage incurred by You or any third-party due to such temporary suspension, termination or change.

(i) In case of maintenance, inspection or upgrading of equipment such as servers is required, or when a problem arises.
(ii) In case service of the telecommunications carrier cannot be normally provided.
(iii) In cases where it becomes difficult to provide the Service due to force majeure, including without limitation to, a natural disaster such as an earthquake, tsunami, volcanic eruptions, blackouts (including planned blackouts), fire, other accident, war, conflict, upheaval, riot, or labor dispute.
(iv) In cases operation of the Service becomes impossible due to the law or measures based on it.
(v) In addition, in cases where Epson determines that it is necessary to change the contents of the Service or suspend or terminate the Service.

Article 15(Prohibition of the transfer of rights and obligations)
Subject to Article 23 (which may apply to You if You acquire goods or services from Epson in Australia), You may not transfer, inherit, or set as collateral to a third-party, or otherwise dispose of your rights or obligations as agreed upon under the Terms of this Agreement, except with the prior written consent from Epson.

Article 16(Subcontract)
Epson may subcontract the duties necessary to provide you this Service, all or in part, to a third-party at its own discretion.

Article 17(Compliance with export laws)
Use of this Service by You shall be in compliance with applicable export laws, export restrictions and export regulations.

Article 18(No Waiver)
Non-exercise or claim to the rights under the Terms of this Agreement by You or Epson shall not be deemed as waiver of such rights nor affect the retroactive use of such rights.

(IF YOU ACQUIRE THE SERVICE IN AUSTRALIA, Article 19 - Article 31 APPLY TO YOU)

Article 19(Definitions)
For the purpose of Article 19 - Article 31 of the Terms of this Agreement, the Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Article 20(Acquiring Services as a Consumer)
If you acquire the Service 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 Article 21 and Article 22.

Article 21(Australian Consumer Law)
Nothing in the Terms of 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 the Terms of 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 the Terms of this Agreement.
The statutory guarantees include (without limitation) the following:

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:

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.

Article 22(No Warranty)
Article 10 will not apply to You. The following terms 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:

(A) Epson makes no representations or warranties that the Service does not infringe the trademark, patent, copyright, and all other intellectual property rights and trade secret, privacy, and all other such legal or moral rights of a third-party;
(B) Epson makes no representations or warranties that the use or operation of the Service meets all applicable laws, rules and regulations of all states, and subject to Article 23 Epson shall not be liable for Your use of the Service in the states that do not allow use or operation of the Service; and
(C) Epson makes no representations or warranties that You may use the Service on or with all Devices. You acknowledge that updates to the operation system or browser of Your Device may cause Your Device to be incompatible with the Service and Epson is not obligated to perform or develop any upgrades, updates or modifications for the Service to correct any such incompatibilities with Your Device.

Article 23(Acquiring Product under a Consumer or Small Business Contract)
If:

(a) You are an individual and You acquire the Service wholly or predominantly for personal, domestic or household use or consumption; or
(b) the Terms of this Agreement constitutes a small business contract (as that term is defined in the Australian Consumer Law from time to time),

then the following Article 24 - Article 31 will apply to You.

Article 24(Principle of personal responsibility)
Article 6 will not apply to You. The following term will apply instead:

24.1You shall be solely responsible and liable for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind or disputes arising from, or suffered by, You or any third-party as a result of or in connection with Your use of the Service or Your breach of Article 7, except to the extent caused by the mistake, fraud, negligence or wilful misconduct of Epson or its employees, officers, contractors or agents.

24.2Epson reserves the right to seek reasonable compensation for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind suffered by Epson caused by Your use of this Service.

Article 25(Prohibitions)
Article 7.1 will not apply to You. The following terms will apply instead:
You must not, and must not permit a third-party to, do any of the following:

(i) acts which violates applicable laws or regulations, court judgments, decisions or orders, or legally binding administrative measures;
(ii) acts of fraud or intimidation to Epson or a third-party;
(iii) acts against applicable public policy of a governmental agency of Australia;
(iv) acts which infringe on the property rights, intellectual property rights, privacy, reputation or other rights or interests of Epson or a third-party;
(v) acts which may lead to malfunctions or failures of the Service;
(vi) acts of using, creating, or distributing external tools intended to cause or exploit unintentional bugs in the Service, or intended to cause or create unintentional effects on the Service;
(vii) carry out, attempt or permit unauthorized access to Epson's networks or systems;
(viii) acts which lead to excessive burden on the Service or the related Epson server;
(ix) disassembling, decompiling, reverse-engineering the Service or analyzing the source code of the Service;
(x) acts which may interfere with the operation of the Service;
(xi) acts which help finance an organized crime group or a member thereof, anti-social force, or other similar person or entity;
(xii) acts which may result in disadvantage, damage, or discomfort to Epson or third-party;
(xiii) using the Service outside the scope of the license granted under the Terms of this Agreement;
(xiv) reproducing, using, retaining, disclosing or distributing the End Users' printing data without the explicit consent of the End User; and
(xv) acts intended to attempt or further any of the prohibited acts specified in the foregoing, or acts which You know or ought to know may result in causing or furthering any of the prohibited acts specified in the foregoing as deemed by Epson.

Article 26(Exemption from liability for the Service)
Article 9 will not apply to You. The following term will apply instead:

26.1In the event a claim or dispute arises between You and a third-party relating to or arising out of or in connection with Your use of the Service, You will, at Your own cost, be solely responsible for that claim or dispute, except to the extent caused by the mistake, negligence, fraud or wilful misconduct of Epson or its employees, officers, contractors or agents.

26.2Subject to Article 20, Epson shall not be liable for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind related to or arising from the negligence or wilful misconduct of a third-party, except to the extent caused by the negligence or wilful misconduct of Epson's employees, officers, contractors or agents.

26.3Epson may disclose Registration Information or any data sent or received through the Service by You if required and have no reasonable cause to refuse to do so by a court of law, government agency, competent supervisory agency, or other official body in Japan or elsewhere in accordance with applicable law or regulation. Subject to Article 20, Epson shall not be liable for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind incurred by You due to the disclosure.

26.4In case a link is provided from the Service to another service or website, or a link is provided by another service or website to the Service, Epson shall not be liable for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind arising out of those other services and websites, or information obtained from those other services and websites.

26.5Subject to Article 20, Epson shall be liable only for Your direct and general loss or damage; provided, however, that this shall not apply to any loss or damage related to or arising from Epson's gross negligence or wilful misconduct.

Article 27(Customer's responsibility)
Article 11.1 will not apply to You. The following term will apply instead:
Subject to Article 20, You shall be solely liable for any loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind suffered by You arising out of Your use of the Service and the End Users' printing data, except to the extent caused by the mistake, negligence, fraud or wilful misconduct of Epson or its employees, officers, contractors or agents.

Article 28(Obligation of Confidentiality)
Article 12 will not apply to You. The following term will apply instead:

28.1Each party hereby agrees:

(i) to keep and maintain all printing data, image files, thumbnail files, created date and time, uploaded date and time, file name, order number, paper size, pages and/or total number of pages thereof received from the End Users through the Software or the Service ("Confidential Information") in the strictest of confidence and to protect the Confidential Information by using the same degree of care (but no less than a reasonable degree of care) that it would use to protect its own non-public information, data, ideas and/or concepts and materials of a similar nature;
(ii) not to use the Confidential Information other than for, in Your case, the purpose of You using the Service as contemplated under the Terms of this Agreement or for providing your ordering, printing and delivery of printing services to the End Users ("Purpose") and, in Epson's case, for providing the Service and for the purposes of operating its business and updating the Service and enforcing Epson's rights under this Agreement; and
(iii) not disclose, publish or disseminate the Confidential Information to any person or entity except to that party's officers and employees who:

28.2In the event a party become aware of the unauthorized use, or threatened unauthorized use, of the other party's Confidential Information, that party shall promptly notify the other party and, if You are that party, additionally the End Users who transmitted its printing data to You.

Article 29(End of use of the Service)
Article 13 will not apply to You. The following terms will apply instead:

29.1You may terminate the Terms of this Agreement at any time by uninstalling the Software.

29.2When the End Users terminate use of the Service, Epson will delete the data stored, recorded or managed on the server by the End Users. In such case, the End User is deemed to agree in advance to no longer use or browse the data. Epson shall have no obligation to delete such data and to restore or cancel such deleted data, pursuant to Your request or the End Users' request.

29.3If You terminate the Terms of this Agreement pursuant to Article 29.1, You must pay for any Service provided by Epson to You up to the date of termination.

29.4Even after termination of use of the Service, Articles 3, 8, 11.2, 22, 24, 25, 26, 27 and 28 shall survive.

Article 30(Change, suspension, or termination of the Service)
Article 14 will not apply to You. The following terms will apply instead:

30.1To the extent reasonably necessary to protect its legitimate interests, Epson may temporarily suspend or terminate the Service or change the contents of the Service, all or in part, at the discretion and judgment of Epson. Epson will provide reasonable advance notice to You to the extent practicable. Epson may give You shorter advance notice (or no notice) of a change if it is reasonable in order for Epson to manage a material and immediate risk. Subject to Article 20, Epson shall not be liable for any disadvantage or loss, damage, liability, penalty, fine, charge, expense, payment or costs of any nature or kind incurred by You or any third-party due to such temporary suspension, termination or change, except to the extent caused by the mistake, negligence, fraud or wilful misconduct of Epson or its employees, officers, contractors or agents.

30.2Epson reserves the right to change, suspend or terminate the Service, or any feature or component thereof at any time on notice from Epson to You (to the extent practicable), to the extent necessary to protect its legitimates interests in the event of any of the following:

(i) Epson needs to conduct maintenance, inspections, repairs or upgrades to any equipment necessary to Epson's provision of the Service (such as servers) or where troubles or disruptions to the Service arise;
(ii) services of telecommunications operators are not provided normally and correctly;
(iii) due to a cause beyond the control of Epson, for example, a natural disaster such as an earthquake, tsunami, volcanic eruptions, blackouts (including planned blackouts), fire, other accident, war, conflict, upheaval, riot, or labor dispute;
(iv) in order to comply with a governmental or legal order to change, suspend or termination of the Service; or
(v) when it is reasonably necessary to modify the content of the website and/or the Service, or to temporarily halt or suspend the Service to protect Epson's legitimate interests.

Epson may give You no prior notice of suspension or termination if it is reasonable in order for Epson to manage a material and immediate risk.

Article 31(Prohibition of the Transfer Of Rights And Obligations)
Article 15 will not apply to you. The following term will apply instead:
Neither party may assign, inherit, or set as collateral to a third-party under the Terms of this Agreement, except with the prior written consent from the other party.

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