EPSON END USER SOFTWARE LICENSE AGREEMENT

NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS PRODUCT.

IF YOU ARE LOCATED IN THE UNITED STATES, SECTIONS 31-33 OF THIS DOCUMENT APPLY TO YOU. SECTION 32 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 32.7 FOR THOSE WHO WISH TO BE EXCLUDED FROM THE ARBITRATION AND CLASS WAIVER.

IF YOU ACQUIRE THIS PRODUCT IN AUSTRALIA, SECTIONS 34-42 OF THIS DOCUMENT MAY APPLY TO YOU. SECTIONS 35 AND 38 DESCRIBE WHEN THESE SECTIONS MAY APPLY. SECTIONS 34-42 SET OUT MANDATORY STATUTORY PROTECTIONS WHICH CANNOT BE EXCLUDED UNDER LAW. WHERE INDICATED, OTHER TERMS IN THIS AGREEMENT ARE SUBJECT TO SECTIONS 34-42.

This is a legal agreement (“Agreement”) between you (an individual or entity, referred to hereinafter as “you”) and Seiko Epson Corporation or its affiliates (“Epson”) for the software programs, that may be used with Epson Edge Color or Epson Edge Color Lite that relate to this Agreement, including any related documentation and updates (collectively referred to hereinafter as the “Software”). The Software is provided by Epson or its designated suppliers for use only with the corresponding Epson brand printers (the “Epson Hardware”), and the software for Epson Hardware “Epson Edge Print” (if the Software is Epson Edge Color Lite, further with Epson colorimeters and Auto Color Chart Reading Portable Table (hereinafter collectively referred to as "Colorimeters ")). When using the Software, you have to set up the Software according to the method specified by our Epson. If you agree to this Agreement, click on the Agree (“ACCEPT”, “OK” or any similar representation of agreement) button below if any. If you do not agree with the terms and conditions of this Agreement, click on the Disagree (“EXIT”, “Cancel” or any similar representation of disagreement) button if any. From the day on which you click the Agree button, the legal binding effect of this Agreement on you will come into force. For clarity, you agree that you may not use the Software without giving your consent to this Agreement, the applicable terms of use and rules for the Colorimeters, Epson Edge Print and Epson Cloud Solution PORT, in addition to any Software purchase conditions and your compliance thereto.

1.1 Grant of License.
Epson grants you a limited, nonexclusive license to install and use the Software for your own business use and/or internal business use within an entity on hard disks or other computer storage devices, provided that the Software is used only in connection with the Epson Hardware owned by you (if the Software is Epson Edge Color Lite, further with the Colorimeters owned by you). You may provide your customer with color matching services (including any preparation and provision of ICC profiles) with or without charge, at your responsibility and judgment, by using the data obtained through the use of the Software (defined as the “Data” below), while Epson shall have no liability whatsoever.

1.2 Third Party Information.
Subject to Section 35 and/or 38 (which may apply to you if you acquire goods and services from Epson in Australia), you may set a print setting file (the "Provided Files") provided separately by Epson, and you have the option to use certain functions to assist the compatibility and use with the printer and the media of your choice. The media is provided by an independent third party. Listing of media in the Provided Files shall not be construed as an endorsement of any particular media or manufacturer. Epson makes no representation or warranty of any kind for any media in Provided Files including but not limited to media availability or media quality. The information contained herein is subject to change without notice. Epson makes no representation as to the information's completeness or accuracy. Epson shall not be liable for technical or editorial errors or omissions contained herein. THIS INFORMATION IS PROVIDED, “AS IS” BY EPSON. EPSON MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND REGARDING THIS INFORMATION.

2. Upgrades and Updates.
Subject to Section 38 (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, is 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 give you the option of manually downloading applicable Updates. Unless otherwise agreed, you hereby agree that 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 any data output by the Software (the “Data”) and further agree not to attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software and the Data. Unless otherwise provided in this Agreement, you may not rent, lease, distribute, lend or license the Software or the Data to third parties or incorporate the Software or the Data into a revenue generating product or service. (For clarity, you may provide your customer with color matching services (including any preparation and provision of ICC profiles) with or without charge, at your responsibility and judgment by using the Data.). In cases where the Software is Epson Edge Color Lite, you may, however, transfer all of your rights to use the Software to another person or legal entity, only if the recipient of the Software also agrees to the terms of this Agreement and you transfer the Software, including all copies, updates and prior versions, together with the Colorimeters (which refers to Auto Color Chart Reading Portable Table in this provision), 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. Furthermore, upon purchasing and using the Software, you are also required to comply with this Agreement and the applicable terms of use and rules for the Colorimeters, Epson Edge Print and Epson Cloud Solution PORT described above, and, in addition, any terms of use, Software purchase conditions, notes, or other terms posted on the Epson website (the "Individual Terms of Use”).

4. Other Prohibited Matters.
4.1 Upon using the Software, you will not engage in any act that falls under any of the following items:
4.2. In the event you conduct or if Epson considers you have conducted any act that falls under any of the matters set forth in the items in Section 4.1, Epson may, in addition to the measure to terminate this Agreement under Section 21, elect to tentatively suspend the use of the Software in whole or in part. Epson may take these measures without giving prior notice to you and without owing any liability to you or any third party at its discretion. For clarity, this does not exempt you from the obligations that have already been incurred and are owed by you to Epson under this Agreement even after being subject to such measures. Furthermore, when you are subject to the above measures, any amount that has been paid by you in relation to the use of the Software will not be refunded in any case.

5. Required Equipment.
5.1 You will prepare any equipment, program, necessary telecommunication service provided by telecommunications carriers and other services, qualification, license, etc., (collectively referred to as the “Facilities”) required for using the Software at your own cost and responsibility.
5.2 You will manage the Facilities provided in Section 5.1 at your own cost and responsibility. Even if any disadvantage or damage was sustained by you due to any incompatibility, failure, loss, expiration, etc., of the Facilities, or any of your personal information or data is disclosed or divulged to a third party, Epson shall have no liability whatsoever.

6. Operating Environment.
In some cases, the Software may be unusable depending on your network environment and Internet connection environment. Even after starting use of the Software, it may become unusable due to changes in your network environment and Internet connection environment. Epson shall have no liability whatsoever for such problems.

7. 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 the copyright laws of the United States, 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 the Software or any copies thereof . 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 Materials 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 not be used for commercial purposes which are unrelated to the proper use of the Software, (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 in the manner as otherwise legally permitted.

8. 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 are indicated at https://support.epson.net/terms/, in the relevant user manual or materials available on Epson’s website, or the license information displayed on your device/in the 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.

9. Confidentiality.
You agree to use the Software with the care of a good manager, and take any reasonable measures to prevent any unauthorized third party from using the Software or copying, publishing or redistributing the Software without approval. You agree in advance that the Software contains confidential information, and any act to use or copy the Software without approval causes material damage to Epson. You will handle the Software and any information that you have obtained or learned in relation to the Software as strictly confidential.

10. Disclaimer of Warranty and Remedy.
Subject to Section 35 (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 WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, RECENCY, COMPLETENESS, AND ACCURACY. SOME STATES OR JURISDICTIONS, HOWEVER, DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, AND IN SUCH STATES OR JURISDICTIONS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

11. Limitation of Liability.
Subject to Sections 35 and/or 38 (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 REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TRANSACTIONS, AND IN SUCH STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY.

12. Additional Limitation of Liability.
You agree in advance that Epson does not warrant that the Software supports all information devices and equipment, and it is possible that any failure in the operation of the Software may occur along with the version upgrade, etc., of an OS or a browser of the relevant information devices or the nature or function of the relevant equipment for the use of the Software. Epson may, but is not obliged to, provide at its discretion, the Updates set forth in Section 2 above in the event of such failure, but Epson does not warrant to resolve such failure through such measures.

13. Additional Limitation of Liability (2).
Epson may disclose any information, data, etc., relating to you or the Software without giving any prior notice to you or without obtaining your prior consent if required to do so by a court , government agency, competent supervisory agency, stock exchange or other official body in Japan or elsewhere in accordance with applicable laws or regulations, rules, orders, decisions, rules of a stock exchange or on any other basis, and there are no reasonable grounds to reject such requirement. Epson shall not be liable for any damages incurred by you due to such disclosure.

14. 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 the 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 the 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 or delete the Software, unused, to Epson.

15. 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.

16. Entire Agreement.
Subject to Section 38 (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. However, notwithstanding the provision of this section, the Individual Terms of Use stipulated in Section 3 shall take precedence over this Agreement.

17. 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.

18. Severability; Modifications.
If any provision herein is found void or unenforceable by a court of competent jurisdiction (subject to Section 32.8 and 32.9 if you are located in the U.S.), it will not affect the validity of the remainder of the Agreement, which shall remain valid and enforceable according to its terms. Except in the case of any amendments to this Agreement under Section 25, this Agreement may only be modified in a writing signed by an authorized representative of Epson.

19. Indemnification.
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 under this Agreement or (ii) any use of the Software or the Colorimeters 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.

20. Suspension, Discontinuation, etc. of Software.
20.1 Epson may discontinue the provision of the Software immediately without notice upon termination of Epson Cloud Solution PORT service based on the terms of use and rules for Epson Cloud Solution PORT.
20.2 If any event set forth in the following items occurs, Epson may tentatively suspend or discontinue the provision of the Software without giving notice to you or without obtaining your consent. Even if any disadvantage or damage is sustained by you or a third party due to such suspension or discontinuation, Epson shall have no liability whatsoever.

21. Termination.
21.1 Subject to Section 38 (which may apply to you if you acquire goods and services from Epson in Australia), if Epson determines that you have breached any of the provisions of this Agreement including restricted matters set forth in Section 3 (Other Rights and Limitations) and prohibited matters set forth in Section 4 (Other Prohibited Matters), Epson may, at its sole discretion and judgement, terminate any agreements based on this Agreement without giving any prior notice to you or obtaining your prior consent.
21.2 Your license rights under Section 1 (Grant of License) above shall terminate upon termination of this Agreement. You agree that the Software, and all copies thereof, will be immediately destroyed. Epson may, at its sole discretion and judgement, destroy any information and data regarding the Software or you without giving any prior notice to you or obtaining your prior consent. This does not exempt you from the obligations that have already been incurred and owed by you to Epson under this Agreement even after the termination of this Agreement.

22. Capacity and Authority to Contract.
You represent and warrant 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 and purchase the Software to use the same for your business, or if you are an entity, a purchaser representing you has legal authority to have you legally bound by this Agreement. In case of any lack of such necessary authority, such person may not agree to this Agreement, nor purchase or use the Software, for or on behalf of you. Epson will not be liable for any disadvantage caused by this.

23. 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 the Colorimeters and the Epson Hardware such as model and serial number, country identifier, language code, operating system information, and usage information of the Colorimeters and the Epson Hardware 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.

24. 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 will be legally bound by the terms and conditions of those websites/services. In case of any inconsistency between the terms and conditions of the third party websites/services and those of this Agreement, the third party websites’/services’ terms and conditions will govern with respect to your access and use of those websites/services. Although Epson may provide a link to a third party website/service from the Software, such 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 the Software.

25. Amendments to this Agreement.
25.1 If Epson intends to amend this Agreement, and you agree to the content of such amendment through Epson’s system, the amended Agreement shall apply to you. You are requested to use the Software after confirming the latest provisions of this Agreement at your responsibility.
25.2 If you do not agree to the content of such amendment, you must immediately cease the use of the Software.

26. No Transfer of Rights and Obligations.
You may not assign or transfer to any third party, establish security on, or otherwise dispose of your rights and obligations under this Agreement or your status under this Agreement, unless otherwise provided herein or Epson gives you its prior written consent.

27. Subcontract.
Epson may subcontract to a third party at its discretion, in whole or in part, any work that is necessary in relation to the provision of the Software to you.

28. No Waiver.
Even if Epson does not exercise or claim any of its rights under this Agreement and other rules you comply with for using the Software, Epson shall not be deemed to have waived such right, and it shall not affect in any way Epson’s exercise of such right thereafter.

29. Method of Notice.
When Epson gives you any notice of information regarding the Software, Epson will post such notice on its website. Any such notice to you shall be deemed to have been given when it is posted on the website.

30. 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.

(IF YOU ARE LOCATED IN THE UNITED STATES, THE FOLLOWING SECTIONS 31-33 APPLY TO YOU)
31. Downloadable Updates.
You may 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.

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

32.1 Disputes.
The terms of this Section 32 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, Colorimeters, Epson Hardware, 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. “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 32.6, that a court, not an arbitrator, may decide if a claim or cause of action is for an IP Claim.

32.2 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 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 details on the procedures, see Section 32.6 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 32, (b) this Agreement memorializes a transaction in interstate commerce, and (c) this Section 32 shall survive termination of this Agreement.

32.3 Pre-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 with respect to any Dispute must be addressed to: Epson America, Inc., ATTN: Legal Department, 3131 Katella Ave. Los Alamitos, CA 90720 (the “Epson Address”). Any notice to you with respect to any Dispute will be sent to the most recent address that is registered with Epson. For this reason, if your registered address changes, it is important to notify us by emailing us at EAILegal@ea.epson.com or writing us at the Epson Address above. 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 (the "Dispute Notice”). Following receipt of the Dispute Notice, you and Epson agree to act in good faith to resolve the Dispute before commencing arbitration.

32.4 Small 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.

32.5 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, BUT MAY NOT BRING THE SAME 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.

32.6 Arbitration 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 the broad delegation of authority to the arbitrator set forth herein, 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 32.1 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 may take place in a location reasonably accessible from your primary residence, or in Orange County, California, at your option.

32.7 Opt-out.
You may elect to opt-out (exclude yourself) from the final, binding and 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 consent to this Agreement (including without limitation the purchase, download or installation of the Software, or other appropriate use of the Colorimeters, 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 and individual arbitration procedure and waiver of class and representative proceedings specified in this Section 32.

In the event that you elect to 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.

32.8 Amendments to Section 32.
Notwithstanding any provision in this Agreement, you and Epson agree that if Epson makes any future amendments to the dispute resolution procedure and class action waiver provisions in this Agreement (other than a change to Epson’s address), Epson will obtain your affirmative consent to the applicable amendment.
If you do not affirmatively consent to the applicable amendment, you agree that you will resolve any Dispute between the parties by arbitration in accordance with the provisions of this Section 32 (or resolve any Dispute as provided for in Section 32.7, if you timely elected to opt-out when you first consented to this Agreement).

32.9 Severability.
If any provision in this Section 32 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 32.5. This means that if Section 32.5 is found to be unenforceable, the entire Section 32 (but only Section 32) shall be null and void.

33. For New Jersey Residents.
NOTWITHSTANDING ANY TERMS SET FORTH IN THIS AGREEMENT, IF ANY OF THE PROVISIONS SET FORTH IN SECTIONS 10 OR 11 ARE HELD UNENFORCEABLE, VOID OR INAPPLICABLE UNDER NEW JERSEY LAW, THEN ANY SUCH PROVISION SHALL NOT APPLY TO YOU BUT THE REST OF THIS 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.

THE FOLLOWING SECTIONS 34-42 OF THIS DOCUMENT MAY APPLY TO YOU IF YOU ACQUIRE GOODS OR SERVICES IN AUSTRALIA (SEE SECTIONS 35 AND 38 FOR FURTHER INFORMATION AS TO WHEN THESE SECTIONS APPLY)

34. Definitions.
For the purpose of the following Sections 34-42 of this Agreement, the Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

35. 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 36 and 37.

36. 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 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.

37. Disclaimer of Warranty and Remedy.
37.1 Section 10 (Disclaimer of Warranty and Remedy) 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; and (3) EPSON MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
37.2 Section 1.2 (Third Party Information) will not apply to you. The following section will apply instead:
you may set a print setting file (the "Provided Files") provided separately by Epson, and you have the option to use certain functions to assist the compatibility and use with the printer and the media of your choice. The media is provided by an independent third party. Listing of media in the Provided Files shall not be construed as an endorsement of any particular media or manufacturer. The information contained herein is subject to change without notice.
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:

38. Acquiring Product under a Consumer or Small Business Contract.
If: then the following Sections 39 - 42 will apply to you.

39. Limitation of Liability.
Section 11 will not apply to you. The following section will apply instead of:
Subject to Section 35, IN NO EVENT WILL A PARTY BE LIABLE TO THE OTHER PARTY, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OR WARRANTY, MISREPRESENTATION OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, 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, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN THE EVENT LIMITATION OF LIABILITY HEREUNDER IS FOUND INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THE AGGREGATE LIABILITY OF THAT PARTY TO THE OTHER PARTY FOR ANY DAMAGES OR LOSS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO EPSON IN CONSIDERATION OF THE SOFTWARE.

40. 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.

41. Entire Agreement.
Section 16 (Entire Agreement) will not apply to you.

42. Termination.
Section 21 (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. You may also terminate this Agreement at any time by uninstalling and destroying the Software.

2024