・PRIVACY STATEMENT FOR DATA COLLECTION:| EPSON
RC+ | FOR CUSTOMERS IN CHINA
・PRIVACY
STATEMENT | EPSON RC+ | FOR CUSTOMERS IN THE AMERICAS
・PRIVACY
STATEMENT | EPSON RC+ | FOR CUSTOMERS IN EUROPE, MIDDLE EAST AND AFRICA
The document begins with the EULA, followed sequentially
by the three versions of the Privacy Statement based on the user’s region.
The
versions of the End User Software License Agreement and Privacy Statement,
including those in Chinese (Simplified and Traditional), are available at the
following URL:
包括简体中文和繁体中文语言版本在内的最终用户软件许可协议和隐私声明，可在以下网址查阅：
包括簡體中文與繁體中文語言版本在內的最終用戶軟體授權協議與隱私權聲明，可於以下網址查閱： https://support.epson.net/terms/ms/?MKN=Epson%20RC%EF%BC%8B%208.0&PINF=swlist
EPSON END USER
SOFTWARE LICENSE AGREEMENT |EPSON RC+|
NOTICE
TO USER: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.
IF
YOU ACQUIRE THIS SOFTWARE IN AUSTRALIA, SECTIONS 17-19 OF THIS DOCUMENT MAY
APPLY TO YOU. SECTIONS 18.1 AND 19.1 DESCRIBE WHEN THESE SECTIONS MAY APPLY.
SECTIONS 17-19 SET OUT MANDATORY STATUTORY PROTECTIONS WHICH CANNOT BE EXCLUDED
UNDER LAW. WHERE INDICATED, OTHER TERMS IN THIS AGREEMENT ARE SUBJECT TO
SECTIONS 17-19.
IF
YOU ARE LOCATED IN THE UNITED STATES, SECTIONS 20-23 OF THIS DOCUMENT APPLY TO
YOU. SECTION 22 CONTAINS A BINDING ARBITRATION PROVISION THAT LIMITS YOUR
ABILITY TO SEEK RELIEF IN A COURT BEFORE A JUDGE OR JURY, AND WAIVES YOUR RIGHT
TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS FOR CERTAIN DISPUTES. AN
“OPT-OUT” IS AVAILABLE UNDER SECTION 22.7 FOR THOSE WHO WISH TO BE EXCLUDED
FROM THE ARBITRATION AND CLASS WAIVER.
IF
YOU ARE LOCATED IN JAPAN, SECTION 24.1 OF THIS DOCUMENT APPLIES TO YOU.
IF
YOUR RESIDENCE IS IN EUROPE (DEFINED FOR THE PURPOSE OF THIS DOCUMENT AS INCLUDING THE
EUROPEAN UNION (EU), THE EUROPEAN ECONOMIC AREA (EEA), THE EUROPEAN FREE TRADE
ASSOCIATION (EFTA) COUNTRIES, THE UNITED KINGDOM AND THE BALKAN REGION
COUNTRIES), MIDDLE EAST and AFRICA, SECTION 24.2 OF THIS DOCUMENT APPLIES TO YOU.
IF
YOUR RESIDENCE IS IN EUROPE, SECTION 24.3 OF THIS
DOCUMENT APPLIES TO YOU. SECTION 24.3 CONTAINS
THE EU DATA ACT AGREEMENT WITH USERS, AS REQUIRED UNDER REGULATION (EU)
2023/2854 (EU DATA ACT), AND GOVERNS THE RIGHTS AND OBLIGATIONS APPLICABLE TO
USERS IN RELATION TO ACCESS TO AND USE OF DATA WHERE THE EU DATA ACT APPLIES.
IF
YOU ARE LOCATED IN SOUTHEAST ASIA, SECTION 24.4 OF THIS DOCUMENT APPLIES TO
YOU.
IF
YOU ARE LOCATED IN CHINA, SECTION 24.5 OF THIS DOCUMENT APPLIES TO YOU.
This
is a legal agreement (“Agreement”) between you (an individual or entity,
referred to hereinafter as “you”) and Epson (Epson means Seiko Epson
Corporation or affiliated companies of Seiko Epson Corporation according to
your residence (for entity, referring to the location of the head office, and
collectively referred to as “Residence”), collectively referred to hereinafter
as the “Epson”) for the software programs, including any related documentation,
firmware, or updates (collectively referred to hereinafter as the “Software”)
you purchased the license for. BEFORE INSTALLING, COPYING OR OTHERWISE USING
THE SOFTWARE, YOU NEED TO REVIEW AND AGREE TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT INCLUDING THE EPSON PRIVACY POLICY stated in Section 16 AND THE TERMS
AND CONDITIONS OF SOFTWARE LICENSE PURCHASE (I.E. SOFTWARE LICENSE PRICE,
LICENSE TERM, ETC.). If you do
not agree with the terms and conditions of this Agreement you may not install
or use the Software.
If
you agree and the Agree (“ACCEPT”, “OK” or any similar representation of
agreement) button/box is presented at all, click on that button/box. If you do
not agree and the Disagree (“EXIT”, “Cancel” or any similar representation of
disagreement) button/box is presented at all, click on that button/box.
If
you do not agree, but instead are entitled to get a refund of the license
purchase price, please obtain the refund from Epson or the place of purchase.
In such cases, you need to return the Software along with the packaging and
related materials if you have obtained the Software with such packaging and
related materials, and you need to delete the Software if you have downloaded
and obtained the Software.
Please
note that some software programs accompanying the Software may require the
purchase of a separate paid license in order to make them available for your
use. You are responsible for such purchase.
1. Grant of License. Subject to and
conditioned upon your compliance with all terms and conditions set forth in
this Agreement, Epson grants you, for the license term only, a limited,
nonexclusive, nonsublicensable and nonassignable license to:
(i) use the Software on a
device (“Device”) solely for the purpose of operating Epson brand robot
controller and its peripheral product (the “Epson Hardware”) controlled by you;
(ii) transfer all of your
rights to use the Software to another person or legal entity, provided that the
recipient also agrees to the terms of this Agreement and you transfer all of
the enclosed materials of this Agreement, including this Agreement and all
backup copies for the Software to such person or entity. Your license rights
under this Section will automatically terminate upon such transfer; and
(iii) access additional License
expressly (for free or for a fee) set forth in additional terms.
For avoidance of doubt, if any
additional terms and conditions specific to the Software are set forth in an Appendix
A of this Agreement, you must also comply with those additional terms and
conditions.
2. Upgrades and Updates. Epson may, from
time to time, issue an upgrade, updated version, modified version, or additions
to or for the Software (collectively, “Updates”). You acknowledge that Epson
has no obligation to provide you with any Updates to the Software. Unless other
terms and conditions apply, this Agreement will apply to the Updates.
3. Other Rights and Limitations. You agree
not to use or copy the Software in any way, except as otherwise licensed
herein, or transfer your rights licensed under this Agreement in any way,
except as otherwise licensed herein. You agree not to modify, adapt or
translate the Software and further agree not to attempt to reverse engineer,
decompile, disassemble or otherwise attempt to discover the source code of the
Software. You agree to comply with any technical limitations in the Software
that allow you to use the Software only in certain ways and not to use the
Software in any ways that circumvents any technical limitations in the
Software. You may not sublicense, rent, lease, distribute, lend the Software to
third parties, except as otherwise licensed herein. The Software is licensed as
a single unit, and its component programs may not be separated for some other
use. Further, you agree not to place the Software onto or into a shared
environment accessible via a public network such as the Internet or otherwise
accessible by others other than licensed herein whether or not over a network
or on a hosted basis, including virtualization, time‑sharing,
service bureau, software‑as‑a‑service, cloud, or similar services, use Software in violation of
any law, regulation, or rule, or any other purpose that is to Epson’s commercial disadvantage. Furthermore,
upon purchasing and using the license for the Software, you are also required
to comply with the terms and conditions of software license purchase.
4. Ownership. Title, ownership rights, and
intellectual property rights in and to the Software shall remain with Epson or
its licensors and suppliers. The Software is protected by United States
Copyright Law, copyright laws of Japan and international copyright treaties, as
well as other intellectual property laws and treaties. There is no transfer to
you of any title to or ownership of the Software and this License shall not be
construed as a sale of any rights in the Software. You agree not to remove or
alter any copyright, trademark, registered mark and other proprietary notices
on any copies of the Software. Epson and/or its licensors and suppliers reserve
all rights not granted. The Software may also contain images, illustrations,
designs and photos (“Materials”), and the copyright of such material belongs to
Epson and/or its licensors and suppliers, protected by national and/or
international intellectual property laws, conventions and treaties.
5. Open Source and Other Third-Party
Components. Notwithstanding the foregoing license grant, you acknowledge
that certain components of the Software may be covered by third-party licenses,
including so-called “open source” software licenses, which means any software
licenses approved as open source licenses by the Open Source Initiative or any
substantially similar licenses, including without limitation any license that,
as a condition of distribution of the software licensed under such license,
requires that the distributor make the software available in source code format
(such third-party components, “Third-Party Components”). A list of Third-Party
Components, and associated license terms (as required), for particular versions
of the Software is indicated at https://support.epson.net/terms/,
the end of this Agreement, relevant user manual/storage media, or the license
information displayed on your Device/in Software. To the extent required by the
licenses covering Third-Party Components, the terms of such licenses will apply
in lieu of the terms of this Agreement. To the extent the terms of the licenses
applicable to Third-Party Components prohibit any of the restrictions in this
Agreement with respect to such Third-Party Components, such restrictions will
not apply to such Third-Party Component.
6. Disclaimer of Warranty and Remedy.
Subject to Section 18.1 (which may apply to you if you acquire goods and
services from Epson in Australia), you acknowledge and agree that the use of
the Software is at your sole risk. THE SOFTWARE IS PROVIDED "AS IS"
AND WITHOUT ANY WARRANTY OF ANY KIND. EPSON AND ITS SUPPLIERS DO NOT AND CANNOT
WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. Epson
does not warrant that the operation of the Software will be uninterrupted,
error free, free from viruses or other harmful components or vulnerabilities,
or that the functions of the Software will meet your needs or requirements.
Epson’s sole, exclusive and entire liability and your exclusive remedy for
breach of warranty shall be limited to a refund of the price paid for the
Software license. Epson is not liable for performance delays or for
nonperformance due to causes beyond its reasonable control. This Limited
Warranty is void if failure of the Software resulted from accident, abuse, or
misapplication. THE STATED LIMITED WARRANTIES AND REMEDY ARE EXCLUSIVE AND IN
LIEU OF ALL OTHERS. EPSON DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE WITH
APPLICABLE LAWS AND REGULATIONS, CURRENCY, COMPLETENESS, AND ACCURACY. SOME
STATES OR JURISDICTIONS, HOWEVER, DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF
IMPLIED WARRANTIES, AND IN SUCH STATES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
7. Limitation of Liability. Subject to
Section 18.1 and/or 19.1 (which may apply to you if you acquire goods and
services from Epson in Australia), TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL EPSON OR ITS SUPPLIERS BE LIABLE FOR ANY
DAMAGES, WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR
OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS,
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OR ARISING OUT OF
THE EXERCISE OF RIGHT UNDER THIS AGREEMENT, OR ARISING OUT OF THIS AGREEMENT,
EVEN IF EPSON OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES IN
CERTAIN TRANSACTIONS, AND IN SUCH STATES, THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY. UNLESS THE ABOVE RESTRICTIONS APPLY, EPSON’S TOTAL LIABILITY FOR
DAMAGES (CUMULATIVE LIABILITY) SHALL BE LIMITED TO THE PURCHASE PRICE OF THE
SOFTWARE LICENSE.
8. U.S. Government Acquisition of the Software.
This Section applies to all acquisitions of the Software by or for the U.S.
Government (“Government”), or by any prime contractor or subcontractor (at any
tier) under any contract, grant, cooperative agreement, “other transaction”
(“OT”), or other activity with the Government. By accepting delivery of the
Software, the Government, any prime contractor, and any subcontractor agree (a)
that the Software qualifies as "Commercial products," as that term is
defined at 48 C.F.R. Section2.101, consisting of “Commercial computer software”
and “Commercial computer software documentation,” as such terms are used in 48
C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable, and (b)
that consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections 227.7202-1
through 227.7202-4, as applicable, the Software is provided to the Government
only as a Commercial product and with only those rights as are granted to all
other end users pursuant to this Agreement. The terms and conditions of this
Agreement govern the Government’s (and the prime contractor and
subcontractor’s) use and disclosure of the Software, and supersede any
conflicting terms and conditions of the contract, grant, cooperative agreement,
OT, or other activity pursuant to which the Software is delivered to the
Government. If this Software fails to meet the Government’s needs, if this
Agreement is inconsistent in any respect with Federal law, or if the above
provisions of 48. C.F.R do not govern, the Government agrees to return the
Software, unused, to Epson.
9. Export Restriction. You agree that the
Software will not be shipped, transferred or exported into any country or used
in any manner prohibited by export control laws in the United States and other
countries or any other export laws, restrictions or regulations.
10. Entire Agreement. Subject to Section 19.1
(which may apply to you if you acquire goods and services from Epson in
Australia), this Agreement is the entire agreement between the parties related
to the Software and supersedes any purchase order, communication, advertisement,
or representation concerning the Software.
11. Binding Agreement; Assignees. This
Agreement shall be binding upon, and inure to the benefit of, the parties
hereto and their respective successors, assigns and legal representatives.
12. Severability. If any provision herein is
found void or unenforceable by a court of competent jurisdiction (subject to
Section 22.8 and 22.9 if you are a located in the U.S.), it will not affect the
validity of the balance of the Agreement, which shall remain valid and
enforceable according to its terms.
13. Indemnification. Subject to Section 19.1
(which may apply to you if you acquire goods and services from Epson in
Australia), you agree that you will indemnify and hold harmless, and upon
Epson’s request, defend Epson and its directors, officers, shareholders,
employees and agents from and against any and all losses, liabilities, damages,
costs, expenses (including reasonable attorneys’ fees), actions, suits, and
claims arising from (i) any breach of any of your obligations in this Agreement
or (ii) any use of the Software. If Epson asks you to defend any such action,
suit or claim, Epson will have the right, at its own expense, to participate in
the defense thereof with counsel of its choice. You will not settle any
third-party claims for which Epson is entitled to indemnification without the
prior written approval of Epson.
14. Termination. Without prejudice to any
other rights of the parties, each party may terminate this Agreement, effective
on notice to the other party, if the other party fails to comply with this
Agreement. Upon termination, you must cease using the Software, and all copies
thereof, must be immediately destroyed.
15. Capacity and Authority to Contract. You
represent that you are of the legal age of majority in your state or
jurisdiction of residence and have all necessary authority to enter into this
Agreement, including, if applicable, due authorization by your employer to
enter into this Agreement. Epson represents that it has all necessary authority
to enter into this Agreement.
16. Privacy, Information Processing. The
Software may have the ability to connect over the Internet to transmit data to
and from your Device. For example, if you install the Software, the Software
may cause your Device to send information about your Epson Hardware and/or the
Software such as model and serial number, country identifier, language code,
operating system information, and usage information to Epson. However, no
personally identifiable information will be transmitted. Epson may also send
promotional or service information to your Device for display. Any processing
of information provided through the Software, shall be according to applicable
data protection laws and the Epson Privacy Policy located at https://global.epson.com/privacy/area_select_confirm_eula.html.
To the extent permitted by applicable laws, by agreeing to the terms of this
Agreement and by installing the Software, you consent to the processing and
storage of your information in and/or outside your country of residence. If
there is a specific privacy policy indicated at the end of this Agreement,
incorporated into the Software and/or displayed when you use the Software (for
example, in the case of certain software application software), such specific
privacy policy is incorporated into the Epson Privacy Policy stated above.
(THE FOLLOWING SECTIONS 17-19 OF THIS DOCUMENT MAY APPLY TO YOU IF
YOU ACQUIRE GOODS OR SERVICES IN AUSTRALIA (SEE SECTIONS 18.1 AND 19.1 FOR
FURTHER INFORMATION AS TO WHEN THESE SECTIONS APPLY)
17. Definition. For the purpose of the
following Sections 18-19 of this Agreement, the Australian Consumer Law means
Schedule 2 of the Competition and Consumer Act 2010 (Cth).
18.1 Acquiring Product as a Consumer. If you
acquire the Software in Australia as a consumer under the Australian Consumer
Law, which can include individuals or businesses or other entities of any size,
this Agreement is subject to the following Sections 18.2 and 18.3.
18.2 Australian Consumer Law. Nothing in this
Agreement applies where it would exclude, restrict or modify any right or
remedy you may have under the Australian Consumer Law if such right or remedy
cannot lawfully be excluded, restricted or modified.
Notwithstanding anything to the contrary in this
Agreement, if you acquire goods (other than goods acquired for the purpose of
resupply) and services from Epson as a consumer, they come with statutory
guarantees under the Australian Consumer Law that are not excluded by any other
terms of this Agreement.
The statutory guarantees include (without limitation) the
following:
Goods must be of acceptable quality. This means they must:
-be safe;
-be free
from defects;
-be
acceptable in appearance and finish;
-do all
the things someone would normally expect them to do;
-match
any demonstration model or sample;
-be fit
for the purpose which Epson has represented to you it would be fit for;
-match
the description of the goods given by Epson; and
-meet any
express warranty given by Epson to you at the time of your purchase about their
performance, condition and quality.
Services provided by Epson must:
-be
provided with due care and skill or technical knowledge;
-be fit
for the purpose or give the results that have been agreed to; and
-be
delivered within a reasonable time when there is no agreed end date.
To the extent that Epson fails to comply with a consumer
guarantee applicable to you under the Australian Consumer Law you are entitled
to the remedies as set out in the Australian Consumer Law. For major failures
with the service, you are entitled:
-to
cancel your service contract with Epson; and
-to a
refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement
for major failures with goods.
If a failure with the goods or a service does not amount
to a major failure, you are entitled to have the failure rectified in a
reasonable time. If this is not done, you are entitled to a refund for the
goods and to cancel the contract for the service and obtain a refund of any
unused portion.
You are also entitled to be compensated for any other
reasonably foreseeable loss or damage from a failure in the goods or service.
18.3 Disclaimer of Warranty and Remedy.
Section 6 will not apply to you. The following section will apply instead:
EXCEPT THAT NOTHING IN THIS CLAUSE EXCLUDES, RESTRICTS OR
MODIFIES ANY WARRANTIES, GUARANTEES, RIGHTS OR REMEDIES WHICH CANNOT BE
EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW: (1) THE SOFTWARE IS PROVIDED “AS
IS” AND WITHOUT ANY WARRANTY OF ANY KIND; (2) EPSON AND ITS SUPPLIERS DO NOT
AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE
SOFTWARE; (3) Epson does not warrant that the operation of the Software will be
uninterrupted, error free, free from viruses or other harmful components or
vulnerabilities, or that the functions of the Software will meet your needs or
requirements; (4) Epson is not liable for performance delays or for
non-performance due to causes beyond its reasonable control; and (5) EPSON
DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE, COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, CURRENCY,
COMPLETENESS, AND ACCURACY.
19.1 Acquiring Product under a Consumer or Small
Business Contract. If:
(a) you
are an individual and you acquire the Software wholly or predominantly for
personal, domestic or household use or consumption; or
(b) this
agreement constitutes a small business contract (as that term is defined in the
Australian Consumer Law from time to time),
then the
following Sections 19.2-19.3 will apply to you.
19.2 Limitation of Liability. Section 7 will
not apply to you. The following section will apply instead:
Subject to Section 18.1, IN NO EVENT WILL A PARTY OR ITS
SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, INCLUDING
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OR ARISING OUT OF THE
EXERCISE OF RIGHT UNDER THIS AGREEMENT, OR ARISING OUT OF THIS AGREEMENT, EVEN
IF THAT PARTY OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. A PARTY’S TOTAL LIABILITY FOR DAMAGES (CUMULATIVE LIABILITY) SHALL BE
LIMITED TO THE PURCHASE PRICE OF THE SOFTWARE LICENSE.
19.3 Entire
Agreement; Indemnification. Sections 10 (Entire Agreement) and 13
(Indemnification) will not apply to you.
(IF YOU ARE
LOCATED IN THE UNITED STATES, THE FOLLOWING SECTIONS 20-23 APPLY TO YOU)
20. Downloadable Updates. You may also be
able to download from an Epson Internet site updates or upgrades to the
Software if such updates or upgrades are made available. If you agree to
install the Software, any transmissions to or from the Internet, and data
collection and use, will be in accordance with Epson’s then-current Privacy
Policy, and by installing the Software you agree that such then-current Privacy
Policy shall govern such activities.
21. Epson Accounts and Promotional Messages. U.S.
Privacy Statement. In addition, if you install the Software and register
your Epson Hardware with Epson, and/or you create an account at the Epson
Store, and provided your consent to such use, you agree that Epson may merge
the data collected in connection with installation of the Software,
registration of your Epson Hardware and/or creation of your Epson Store
account, consisting of personal information and non-personally identifiable
information, and use such merged data to send you Epson promotional or service
information. If you do not wish to send information about your Epson Hardware
or receive promotional or service information, you will be able to disable
these features on a Windows system through the Monitoring Preferences section
in the driver. On a Mac operating system, you can disable these features by
uninstalling the Epson Customer Research Participation and Low Ink Reminder
software. If you are based in the United States, the Privacy Statement for Customers
in the United States governs the processing of your personal information by
Epson and is hereby incorporated by reference.
22. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
22.1 Disputes. The
terms of this Section 22 shall apply to all Disputes between you and Epson. The
term “Dispute” is meant to have the broadest meaning permissible under law or
in equity and includes any past, present, or future dispute, claim, controversy
or action between you and Epson including those that arose before the existence
of this or any prior Agreement arising out of or relating to this Agreement
(including its formation, performance, or breach), the Software, Epson
Hardware, the parties’ relationship with each other and/or any other
transaction involving you and Epson, whether in contract, or with respect to
warranty, misrepresentation, fraud, tort, intentional tort, statute,
regulation, ordinance, or any other legal or equitable basis. However, a
“Dispute” does not include a claim or cause of action for (a) trademark
infringement or dilution, (b) patent infringement, (c) copyright infringement
or misuse, or (d) trade secret misappropriation (an “IP Claim”). A “Dispute”
also does not include a request for public injunctive relief. You and Epson
agree, consistent with Section 22.6(a), that a court, not an arbitrator, may
decide if a claim or cause of action is for an IP Claim, as well as whether a
claim seeks public injunctive relief.
22.2 Initial Dispute
Resolution. Before submitting a claim for arbitration in accordance with
this Section 22, you and Epson agree to try, for sixty (60) days, to resolve
any Dispute informally. If Epson and you do not reach an agreement to resolve
the Dispute within the sixty (60) days, you or Epson may commence an
arbitration in accordance with Section 22.6. Notice to Epson must be addressed
to: Epson America, Inc., ATTN: Legal Department, 3131 Katella Avenue, Los
Alamitos, CA 90720-2335. Any notice of the Dispute shall include the sender’s
name, address and contact information, the facts giving rise to the Dispute,
and the relief requested. Any notice sent to you will be sent to the most
recent address Epson has in its records for you. For this reason, it is
important to notify us if your address changes by emailing us at
EAILegal@ea.epson.com or writing us at the address above. You and Epson agree
to act in good faith to resolve the Dispute before commencing arbitration in
accordance with this Section 22. To minimize the cost and inconvenience to all
parties, and to promote prompt resolution of Disputes, you and we agree that
engaging in this initial dispute resolution process is a material term of this
Agreement and a requirement that must be fulfilled before commencing any
arbitration.
Consistent with Section 22.6(a), you and Epson agree that any disagreements
regarding compliance with this Section 22.2 shall be decided by a court, not an
arbitrator; pending resolution of any such disagreements by a court, which may
include requests to compel compliance with this Section 22.2, you and we agree
that arbitration (as well as any obligation to pay arbitration fees) shall be
stayed until the initial dispute resolution process in Section 22.2 is
complete. You and Epson acknowledge that either party’s failure to comply with
the provisions of this Section 22.2 would irreparably harm the other, and you
and Epson agree that a court may issue an order staying arbitration (and any
obligation to pay arbitration fees) until the initial dispute resolution
process in this Section 22.2 is complete.
22.3 Binding Arbitration.
If we do not reach an agreed upon solution within a period of sixty (60) days
from the time informal dispute resolution is pursued pursuant to Section 22.2
above, then either party may initiate binding arbitration. Except as stated
below in Section 22.4, you and Epson agree that all Disputes shall be resolved
by binding arbitration according to this Agreement. ARBITRATION MEANS THAT YOU
WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING, AND YOUR RIGHT TO
DISCOVERY AND GROUNDS FOR APPEAL ARE MORE LIMITED THAN IN COURT. Pursuant to
this Agreement, and except as stated below in Section 22.6(h), binding
arbitration shall be administered by JAMS, a nationally recognized arbitration
provider, pursuant to the JAMS Streamlined Arbitration Rules and Procedures or
its applicable code of procedures then in effect for consumer related disputes,
but excluding any rules that permit class arbitration. For more detail on the
procedure to initiate arbitration and what your demand for arbitration should
include, see Sections 22.6(g) and 22.6(h) below. You and Epson understand and
agree that (a) the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the
interpretation and enforcement of this Section 22, (b) this Agreement
memorializes a transaction in interstate commerce, and (c) this Section 22
shall survive termination of this Agreement.
22.4 Exception - Small
Claims Court. Notwithstanding the parties’ agreement to resolve Disputes
through arbitration, either party can elect to have an individual claim
resolved in small claims court of your state or municipality if the action is
within that court’s jurisdiction, even if the claim was initiated by another
party in a different forum.
22.5 WAIVER OF CLASS
ACTION AND CLASS ARBITRATION. YOU AND EPSON AGREE THAT EACH PARTY MAY BRING
DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A
CLASS action or class arbitration. If any court or arbitrator determines that
the class action waiver set forth in this paragraph is void or unenforceable
for any reason or that an arbitration can proceed on a class basis, then the
arbitration provision set forth above in Section 22.3 shall be deemed null and
void in its entirety and the parties shall be deemed to have not agreed to
arbitrate disputes.
22.6 Arbitration
Procedure.
a) The
arbitrator shall be empowered to grant whatever relief would be available in a
court under law or in equity, except for requests for public injunctive relief,
if any, which shall be decided by a court, not an arbitrator. If either party
seeks public injunctive relief, that request for relief shall be severed from
any arbitration proceeding and stayed pending a final determination of the
arbitration. Nothing in Section 22 of this Agreement shall be construed as a
waiver of either party’s right to seek public injunctive relief, and you and we
agree to cooperate to effect the stay of any requests for public injunctive
relief.
The arbitrator is bound by the terms of this Agreement. The arbitrator, and not
any federal, state or local court or agency, shall have exclusive authority to
resolve all disputes arising out of or relating to the interpretation,
applicability, enforceability or formation of this Agreement, including any
claim that all or any part of this Agreement is void or voidable. Notwithstanding
this broad delegation of authority to the arbitrator, and consistent with
Sections 22.1, 22.2, 22.6(a) and 22.6(h) of this Agreement, a court may
determine: (i) the limited question of whether a claim or cause of action is
for an IP Claim, which is excluded from the definition of “Disputes” in Section
22.1 above; (ii) disagreements regarding compliance with the initial dispute
resolution provisions in Section 22.2 above; (iii) disagreements regarding
claims for public injunctive relief as set forth in this Section 22.6(a);
and/or (iv) disagreements regarding the provisions for “Mass Arbitration” in
Section 22.6(h) below.
b) Costs
of Arbitration and Legal Fees. In some instances, the costs of arbitration
can exceed the costs of litigation. Each party will have the right to use legal
counsel in connection with arbitration at its own expense. If, however, the
arbitrator determines that a claim or defense asserted by you or Epson is
patently frivolous or in bad faith, the arbitrator may award the reasonable
legal fees and costs incurred by the other party defending against the claim or
defense. By way of illustration only, and without limitation, a patently
frivolous claim may be found where it is based on a product never purchased by
a claimant.
c) Discovery.
The discovery or exchange of non-privileged information relevant to the Dispute
may be allowed during the arbitration. The right to discovery may be more
limited in arbitration than in court.
d) Awards.
The arbitrator’s award is binding and may be entered as a judgment in any court
of competent jurisdiction.
e) Hearing
Format and Location. You may choose to engage in arbitration hearings by
telephone or, if you and we both agree, to conduct it online, in lieu of
appearing live. Arbitration hearings not conducted by telephone or online shall
take place in a location reasonably accessible from your primary residence, or
in Orange County, California, at your option.
f) Settlement
Offers. During the arbitration, the amount of any settlement offer made
shall not be disclosed to the arbitrator until after the arbitrator determines
the amount, if any, to which you or Epson is entitled.
g) Initiation
of Arbitration Proceeding Before JAMS. Except as stated in Section 22.6(h)
below, if you or Epson commences arbitration, the arbitration shall be governed
by the JAMS Streamlined Arbitration Rules and Procedures or the applicable
rules of JAMS that are in effect when the arbitration is filed, excluding any
rules that permit arbitration on a class-wide basis (the “JAMS Rules”),
available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the
rules set forth in this Agreement. All Disputes shall be resolved by a single
neutral arbitrator, which shall be selected in accordance with the JAMS
Streamlined Arbitration Rules and Procedures, and both parties shall have a
reasonable opportunity to participate in the selection of the arbitrator. If
either you or Epson decides to arbitrate a Dispute before JAMS, both parties
agree to the following procedure:
(i) Write
a Demand for Arbitration. The demand must include a description of the Dispute
and the amount of damages sought to be recovered. The demand also must identify
the product purchased, identify the date and place of purchase and, if
possible, provide the serial number and proof of purchase. You can find a copy
of a demand for arbitration at http://www.jamsadr.com.
(ii) Send
three copies of the demand for arbitration, plus the appropriate filing fee,
to: JAMS, 500 North State College Blvd., Suite 600 Orange, CA 92868, U.S.A.
(iii) Send
one copy of the demand for arbitration to the other party (at the same address
as the notice of a dispute, above in section 22.2), or as otherwise agreed by
the parties.
h) Initiation
of Mass Arbitration Before FedArb. Notwithstanding Sections 22.3 and
22.6(g), if 20 or more demands for arbitration are filed relating to the same
or similar subject matter and sharing common issues of law or fact, and counsel
for the parties submitting the demands are the same or coordinated, you and we
agree that this will constitute a “Mass Arbitration.”
If a Mass Arbitration is commenced, you and we agree that it shall not be
governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration
shall be administered by FedArb, a nationally recognized arbitration provider,
and governed by the FedArb Rules in effect when the Mass Arbitration is filed,
excluding any rules that permit arbitration on a class-wide basis (the “FedArb
Rules”), and under the rules set forth in this Agreement. The FedArb Rules are
available at https://www.fedarb.com/ or by calling 1-650-328-9500. You and we
agree that the Mass Arbitration shall be resolved using FedArb’s Framework for
Mass Arbitration Proceedings ADR-MDL, available at https://www.fedarb.com/.
Before any Mass Arbitration is filed with FedArb, you and we agree to contact
FedArb jointly to advise that the parties intend to use FedArb’s Framework for
Mass Arbitration Proceedings ADR-MDL. The individual demands comprising the
Mass Arbitration shall be submitted on FedArb’s claim form(s) and as directed
by FedArb.
Consistent with Section 22.6(a) above, you and Epson agree that if either party
fails or refuses to commence the Mass Arbitration before FedArb, you or Epson
may seek an order from a court of competent jurisdiction compelling compliance
with this Section 22.6(h) and compelling administration of the Mass Arbitration
before FedArb. Pending resolution of any such requests to a court, you and we
agree that all arbitrations comprising the Mass Arbitration (and any obligation
to pay arbitration fees) shall be stayed. You and Epson acknowledge that either
party’s failure to comply with the provisions of this Section 22.6(h) would
irreparably harm the other, and you and Epson agree that a court may issue an
order staying the arbitrations (and any obligation to pay arbitration fees)
until any disagreements over the provisions of this Section 22.6(h) are
resolved by the court.
22.7 30 Day Opt-out Right.
You may elect to opt-out (exclude yourself) from the final, binding, individual
arbitration procedure and waiver of class proceedings set forth in Sections
22.3 to 22.6 of this Agreement by sending a written letter to the Epson address
listed above in Section 22.2 within thirty (30) days of your assent to this
Agreement that specifies (i) your name, (ii) your mailing address, and (iii)
your request to be excluded from the final, binding individual arbitration
procedure and waiver of class proceedings specified in this Section 22. In the
event that you opt-out consistent with the procedure set forth above, all other
terms set forth in the Agreement, including this Section 22, shall continue to
apply, including the requirement to provide notice prior to litigation. If you
opt-out of these arbitration provisions, Epson will also not be bound by them.
22.8 Amendments to Section
22. Notwithstanding any provision in this Agreement to the contrary, you
and Epson agree that if Epson makes any future amendments to the dispute
resolution procedure and class action waiver provisions (other than a change to
Epson’s address) in this Agreement, Epson will obtain your affirmative assent
to the applicable amendment. If you do not affirmatively assent to the
applicable amendment, you are agreeing that you will arbitrate any Dispute
between the parties in accordance with the language of this Section 22 (or
resolve disputes as provided for in Section 22, if you timely elected to
opt-out) when you first assented to this Agreement.
22.9 Severability. If
any provision in this Section 22 is found to be unenforceable, that provision
shall be severed with the remainder of this Agreement remaining in full force
and effect. The foregoing shall not apply to the prohibition against class
actions as provided in Section 22.5. This means that if Section 22.5 is found
to be unenforceable, the entire Section 22 (but only Section 22) shall be null
and void.
23. For New Jersey Residents. NOTWITHSTANDING
ANY TERMS SET FORTH IN THIS AGREEMENT, IF ANY OF THE PROVISIONS SET FORTH IN
SECTIONS 6 OR 7 ARE HELD UNENFORCEABLE, VOID OR INAPPLICABLE UNDER NEW JERSEY
LAW, THEN ANY SUCH PROVISION SHALL NOT APPLY TO YOU BUT THE REST OF THE
AGREEMENT SHALL REMAIN BINDING ON YOU AND EPSON. NOTWITHSTANDING ANY PROVISION
IN THIS AGREEMENT, NOTHING IN THIS AGREEMENT IS INTENDED TO, NOR SHALL IT BE
DEEMED OR CONSTRUED TO, LIMIT ANY RIGHTS AVAILABLE TO YOU UNDER THE
TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT.
24. Other
Governing Law and General Matters
(IF YOU ARE
LOCATED IN JAPAN, THE FOLLOWING SECTION APPLIES TO YOU)
24.1 Governing Law
and Jurisdiction. This Agreement shall be governed by and construed in
accordance with the laws of Japan, without giving effect to its conflicts of
laws provisions. In case of any dispute regarding the Software between you and
Epson, the Tokyo District Court shall be the agreed court with exclusive
jurisdiction. The application of the United Nations Convention of Contracts for
the International Sale of Goods is expressly excluded in all cases.
(IF YOU ARE
LOCATED IN EUROPE, MIDDLE EAST and AFRICA, THE FOLLOWING SECTION APPLIES TO
YOU)
24.2 Governing Law
and Jurisdiction. This section shall apply to all disputes between you and
Epson. Any dispute between you and Epson, whether in contract or in tort, shall
be heard and determined by the courts of Amsterdam in the Netherlands, unless
we give notice to you requiring it to be heard and determined in a country in
which you have you Residence. You irrevocably consent to the registration and
enforcement in and by the courts of any other country of any judgement obtained
against you in the Courts of Amsterdam in the Netherlands, or such other
permitted country, and undertake not to challenge or obstruct any such
registration or enforcement proceedings.
(IF YOU ARE
LOCATED IN EUROPE, THE FOLLOWING SECTION APPLIES TO YOU)
24.3 EU Data Act
Agreement with Users. EU Data Act Agreement with Users.
Where the User qualifies as a “user” within the meaning of
Regulation (EU) 2023/2854 (the “EU Data Act”) and the EU Data Act is
applicable, the terms and conditions governing access to and use of data under
the EU Data Act (the “EU Data Act Agreement with Users”) are incorporated
herein by reference. The EU Data Act Agreement with Users is made available via
the following URL: Country
Selector | Epson Europe which directs the User to a landing page allowing
selection of the relevant country and language. After selecting the applicable
country and language, the User may access the EU Data Act Agreement with Users
by navigating to the “EU Data Act Compliance” section available in the footer
of the relevant webpage. The User is required to open and review the EU Data
Act Agreement with Users by entering into this Agreement and/or accessing or
using the relevant products or services, the User acknowledges and agrees that
the EU Data Act Agreement with Users forms an integral and binding part of this
Agreement, and in the event of any conflict, the EU Data Act Agreement with
Users shall prevail to the extent necessary to ensure compliance with the EU
Data Act.
(IF YOU ARE
LOCATED IN SOUTHEAST ASIA, THE FOLLOWING SECTION APPLIES TO YOU)
24.4 Governing Law
and Jurisdiction. This Agreement shall be governed by and construed in
accordance with the laws of the country in which you have Residence. This
section shall apply to all disputes between you and Epson. Any dispute,
controversy or claim arising out of or relating to this Agreement, or the
breach, termination or invalidity thereof shall be settled by arbitration in
accordance with the UNCITRAL Arbitration Rules as at present in force and to be
administered by the Singapore International Arbitration Centre. The number of
arbitrators shall be one (1), and such arbitrator shall be appointed by Epson.
The place and seat of arbitration shall be the country in which you have
Residence, unless otherwise determined by Epson. You agree that the decision of
the arbitrator shall be final and binding, and you undertake not to challenge
or obstruct any such registration or enforcement proceedings. The language used
in the arbitration proceedings shall be English.
(IF YOU ARE
LOCATED IN CHINA, THE FOLLOWING SECTION APPLIES TO YOU)
24.5 Governing
Law and Jurisdiction. This
Agreement shall be governed by and construed in accordance with the laws of the
People's Republic of China. All disputes arising from or in connection with
this Agreement shall be resolved through friendly consultation. If such
disputes cannot be resolved through such consultation, such disputes shall be submitted
to Beijing Arbitration Commission for arbitration in accordance with its rules
of arbitration in effect at the time of applying for arbitration. The seat of
arbitration shall be Beijing. The arbitral award is final and binding upon both
parties.
[2026]
Appendix A: Additional terms
and conditions specific to the Software.
A-1. Additional License for
software listed in Table A.
(i) to
install (including activating the license for the Software, “License
Activation”, hereinafter) the Software on a single computer, as the Device,
controlled by you solely for the purpose of operating the Epson Hardware
controlled by You. If you have an Installation Media (“Installation Media”
means a tangible media of Epson brand recording “Epson Robot Software
Installer”), you may install the Software on multiple Devices by using the
Installation Media. However, License Activation is limited to one computer for
the Software “RC+ 8.0 Version 8.1.x.x Basic Edition”, “RC+ 8.0 Version 8.1.x.x Standard
Edition” or “RC+ 8.0 Version 8.1.x.x Premium Edition”; and
(ii) to
make backup copies of the Software solely for the purpose of supporting your
use of the Epson Hardware.
(iii) to
provide a third party, at your own risk, with library files created with
Library Builder of RC+ 8.0 Version 8.1.x.x Premium Edition only in the case the
Software means RC+ 8.0 Version 8.1.x.x Premium Edition, provided that you agree
and cause such third party agree, that (a) such providing is done by you and
not by Epson, and (b) any agreement with such third party for such providing is
between you and not Epson. In addition, such agreement will include all the
terms and conditions as follows:
-The
library files may only be used for the purpose of using the software listed in
Table A for which such third party has a right of use;
-Attempt to
reverse engineer, decompile, disassemble or otherwise attempt to discover the
source code of the library files are prohibited; and
-Circumvents
any technical limitations on the library files are prohibited, where such
technical limitations allow users to use the library files only in certain
ways.
(iv)to create
extension software (hereinafter referred to as the “Extension”) for the purpose
of adding functions to the Software, only in the case where the Software means
RC+ 8.0 Premium Edition (each Version 8.1.3.0 or later, collectively referred
to hereinafter as “RC+ 8.0 Premium”), and to provide such Extension to a third
party at your own risk; provided, however, that creating the Extension requires
the use of the RC+ Extensions SDK. In addition, when using the RC+ Extensions
SDK, you must agree to the RC+ Extensions SDK End User Software License
Agreement described in Appendix B.
(v)to use
the Extension only in the case where the Software means RC+ 8.0 Premium;
provided, however, that you agree to the following:
(a) that
you shall comply with the end user license terms prescribed by the distributor
of the Extension for the use of such Extension; provided, however, that this
Agreement, and not such end‑user license terms, shall apply to RC+ 8.0 Premium in
connection with your use of the Extension;
(b) that if
the distributor of the Extension is not Epson, all support, warranty, and
claims concerning such Extension shall be the sole responsibility of such
distributor and not Epson; and
(c) that if
Epson is the distributor of the Extension, you shall comply with the RC+
Extensions End User License Agreement set forth in Appendix C to this Agreement
as the license terms for such Extension.
(d) that
you shall not engage in any of the following acts:
(d-i) using
the Extension either alone or in combination with software other than RC+ 8.0
Premium;
(d-ii)
modifying, adapting, or translating the Extension;
(d-iii)
attempting to reverse engineer, decompile, disassemble, or otherwise attempt to
discover the source code of the Extension;
(d-iv)
using the Extension in any way that is against the law;
(d-v)
removing, minimizing, blocking or modifying any notices of Epson or its
licensors within the Extension;
(d-vi)
using the Extension in any manner that circumvents technical limitations
designed to allow you to use the Extension only in certain ways;
(d-vii) shipping,
transferring, exporting, or using the Extension in any country or in any manner
prohibited by the export control laws of the United States and other countries
or any other export laws, restrictions or regulations.
(d-viii) using
the Extension in any manner that infringes the rights of Epson or any other
person, causes damage to Epson or any other person, or results in unauthorized
access to, or malfunction of, any equipment used by Epson or any other person.
A-2. Additional Restrictions
for software listed in Table A.
(i) Use of the Software is
granted only for the computer, as the Device, associated with the Software,
where such association is limited in a manner specified by Epson.
(ii) Transfer
the Software requires complying with all the terms of this Agreement and
transferring the Installation Media along with any other materials required by this
Agreement. In addition, transfer the Software after License Activation requires
transferring the computer on which the Software has been activated and
activation key for the License Activation along with any other materials required
by this Agreement for the Software “RC+ 8.0 Version 8.1.x.x Basic Edition”. For
the avoidance of doubt, you still have the right to use the Software after
transferring the Software, provided that you still remain the computer on which
the Software has been activated even after the transfer.
(iii) You
can check the license term of the Software on the "License Settings"
screen within the Software. In addition, the following license term and fees
apply to the following Software:
-RC+ 8.0
Version 8.1.x.x Lite Edition: Free of charge with use of Epson Hardware.
-RC+ 8.0
Version 8.1.x.x Basic Edition: Available for a fee.
-RC+ 8.0
Version 8.1.x.x Trial Edition: Free of charge for 30 days from License
Activation of the Software
-RC+ 8.0 Version 8.1.x.x Standard Edition: Available
for a fee.
-RC+
8.0 Version 8.1.x.x Premium Edition: Available for a fee.
(iv) License
Activation requires the following information to be sent to Epson from the
Device: identification information (e.g., device ID, OS information, and country
information) and license key information. We use this information only for the
purpose of license authentication and license management.
(v) Epson
collect information and measure usage trends of the Software only if you
consent to participate in the usage survey of the Software (hereinafter
referred to as the “Usage Survey”). Should you take part in the Usage Survey,
the Privacy Statement for Usage Survey, attached hereto, shall apply.
A-3. Notice for software listed
in Table A.
(i) The Software includes part
of XVL Kernel, which is the copyrighted work of Lattice Technology Co., Ltd.,
as Third-Party Components, and the copyright and other rights therein belong to
Lattice Technology Co., Ltd provided that the Software is "Epson RC+
x.x" other than "Epson RC+ x.x Express Edition" where each of
the x.x represents its software version number.
B-1. Additional Restrictions
for software listed in Table B1.
(i) Use of the Software
requires the purchase of a separate paid license for the Software listed in
Table B1 in addition to the software listed in Table A. Upon expiration of the
license term for the software listed in Table A, your use of the Software
listed in Table B1 will cease in whole or in part at that time.
(ii) Use of the Software is
granted only for the Epson brand robot controller, as the Device, associated
with the Software, where such association is limited in a manner specified by
Epson.
(iii) Transfer the Software
after License Activation requires transfer of the Epson brand robot controller
associated with the Software, where such association is limited in a manner
specified by Epson.
B-2. Additional Restrictions
for software listed in Table B2.
(i) Use of the Software
requires the purchase of a separate paid license for the Software listed in
Table B2 in addition to the software listed in Table A. Upon expiration of the
license term for the software listed in Table A, your use of the Software
listed in Table B2 will cease in whole or in part at that time.
(ii) Use of the Software is
granted only for a single computer, as the Device, connected to an USB device
associated with the Software, where such association is limited in a manner
specified by Epson.
(iii) Transfer your rights to
use the Software requires transfer of the USB device associated with the Software,
where such association is limited in a manner specified by Epson.
Table A
RC+ 8.0
Version 8.1.x.x Trial
RC+ 8.0
Express Edition Version 1.1.x.x
RC+ 8.0
Express Edition Trial Version 1.1.x.x
RC+ 8.0
Version 8.1.x.x Lite Edition
RC+ 8.0
Version 8.1.x.x Basic Edition
RC+ 8.0
Version 8.1.x.x Standard Edition
RC+ 8.0
Version 8.1.x.x Premium Edition
Table B1
External Control
Point 8.0
RC+ API 8.0
Vision
Guide 8.0
OPC UA for
Robotics Part1 8.0
Conveyor
Tracking 8.0
GUI Builder
8.0
OCR 8.0
Fieldbus
Master 8.0
Part
Feeding 8.0
RC+ Express
Advanced 8.0
FC 8.0 for
3rd party sensor
Arm Length
Calibration 8.0
PLC
function block 8.0
Safety
Function 8.0 (SLS/SLP)
Vibration Reduction Technology 8.0 LIC
Real Time Motion Control
8.0 LIC
SRCI 8.0 LIC
Table B2
ECP 8.0 for USB Key
RC+ API 8.0 for USB Key
Vision Guide 8.0 for USB Key
OPC UA for RB Pt1 8.0 for USB Key
Conveyor Tracking 8.0 for USB Key
GUI Builder 8.0 License for USB Key
OCR 8.0 License for USB Key
Fieldbus Master 8.0 for USB Key
Part Feeding 8.0 License for USB Key
RC+ Express Advanced 8.0 for USB Key
FC 8.0 LIC for 3rd party for USB Key
Safety 8.0 LIC (SLS/SLP) for USB Key
VRT 8.0 for USB Key
Real Time Motion 8.0 LIC for USB key
SRCI 8.0 LIC for USB key
[RC+8
Ver1.5/2026]
Appendix B: END
USER SOFTWARE LICENSE AGREEMENT |RC+ Extensions SDK|
NOTICE TO USER: PLEASE READ THIS RC+ EXTENSIONS SDK AGREEMENT (“SDK
Agreement”) CAREFULLY BEFORE INSTALLING OR USING RC+ EXTENSIONS SDK. Unless
otherwise expressly provided, the terms used in this Appendix B shall have the
meanings given in the main body of this Agreement and Appendix A.
IF YOU ACQUIRE RC+ EXTENSIONS SDK IN AUSTRALIA, SECTIONS 17-19 OF
THIS DOCUMENT MAY APPLY TO YOU. SECTIONS 18.1 AND 19.1 DESCRIBE WHEN THESE SECTIONS
MAY APPLY. SECTIONS 17-19 SET OUT MANDATORY STATUTORY PROTECTIONS WHICH CANNOT
BE EXCLUDED UNDER LAW. WHERE INDICATED, OTHER TERMS IN THIS SDK AGREEMENT ARE
SUBJECT TO SECTIONS 17-19.
IF YOU ARE LOCATED IN THE UNITED STATES, SECTIONS 20-23 OF THIS
DOCUMENT APPLY TO YOU. SECTION 22 CONTAINS A BINDING ARBITRATION PROVISION THAT
LIMITS YOUR ABILITY TO SEEK RELIEF IN A COURT BEFORE A JUDGE OR JURY, AND
WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS FOR
CERTAIN DISPUTES. AN “OPT-OUT” IS AVAILABLE UNDER SECTION 22.7 FOR THOSE WHO
WISH TO BE EXCLUDED FROM THE ARBITRATION AND CLASS WAIVER.
IF YOU ARE LOCATED IN JAPAN, SECTION 24.1 OF THIS DOCUMENT APPLIES
TO YOU.
IF YOUR RESIDENCE IS IN EUROPE
(DEFINED FOR THE PURPOSE OF THIS DOCUMENT AS INCLUDING THE EUROPEAN UNION (EU), THE EUROPEAN ECONOMIC AREA
(EEA), THE EUROPEAN FREE TRADE ASSOCIATION (EFTA) COUNTRIES, THE UNITED KINGDOM
AND THE BALKAN REGION COUNTRIES), MIDDLE EAST and
AFRICA, SECTION 24.2 OF THIS DOCUMENT APPLIES TO YOU.
IF YOUR RESIDENCE IS IN EUROPE, SECTION 24.3 OF THIS DOCUMENT
APPLIES TO YOU. SECTION 24.3 CONTAINS THE EU DATA ACT AGREEMENT WITH USERS, AS
REQUIRED UNDER REGULATION (EU) 2023/2854 (EU DATA ACT), AND GOVERNS THE RIGHTS
AND OBLIGATIONS APPLICABLE TO USERS IN RELATION TO ACCESS TO AND USE OF DATA
WHERE THE EU DATA ACT APPLIES.
IF YOU ARE LOCATED IN SOUTHEAST ASIA, SECTION 24.4 OF THIS DOCUMENT
APPLIES TO YOU.
IF YOU ARE LOCATED IN CHINA, SECTION 24.5 OF THIS DOCUMENT APPLIES
TO YOU.
This SDK
Agreement is a legal agreement between you, who has obtained License Activation
for RC+ 8.0 Premium, and Epson for the enclosed RC+
Extensions SDK, including any related documentation, or
updates (collectively referred to hereinafter as the “SDK”). BEFORE INSTALLING,
COPYING OR OTHERWISE USING THE SDK, YOU NEED TO REVIEW AND AGREE TO THE TERMS
AND CONDITIONS OF THIS SDK AGREEMENT. If you do not agree with the terms and conditions of this SDK AGREEMENT YOU MAY NOT
INSTALL OR USE THE SDK.
If you agree, click on the Agree (“ACCEPT”,
“OK” or any similar representation of agreement) button below if any.
1. Grant
of License.
1.1
Subject to and conditioned upon your compliance with all terms and conditions
set forth in this SDK Agreement, and only during the license
period of RC+ 8.0 Premium, Epson grants you a limited, nonexclusive,
nonsublicensable and nonassignable license to use the Software, provided that
such use is only as specified in each of the following items:
(i) to refer to the
SDK and/or to reproduce and modify the SDK, only to the extent necessary for
developing your Extension (“Your Extension”); provided, however, that any modification
shall be limited to the source code generated by the project templates included
in the SDK. For the purposes of this SDK Agreement, “Extension” means extension
software intended to add functions to RC+ 8.0 Premium; and
(ii) to distribute Your Extension to an
individual or entity who has obtained License Activation for RC+ 8.0 Premium
(the “End Users”) for the purpose of allowing such End Users to use Your
Extension.
For the
avoidance of doubt, the modified SDK shall be treated as the SDK in this SDK
Agreement for all purposes hereunder.
1.2 Epson
may use any reports, ideas, suggestions, recommendations provided by you (the
“Feedback”) and incorporate the Feedback in software, technologies, and
services without paying royalties and without any other obligations or
restrictions.
1.3 If
you create any intellectual property rights using or based on the SDK, you
shall notify Epson of the fact of the intellectual property rights before you
make or register any applications for intellectual property rights. The parties
shall, in good faith, discuss jointly whether intellectual property rights in
any such inventions (excluding intellectual property rights in the SDK which
shall remain owned by Epson) should belong to Epson, Recipient or both parties
jointly. However, if the parties agree or if by operation of an applicable law,
any intellectual property rights to or in the SDK belongs to you, you hereby
grants an irrevocable, perpetual, non-exclusive, royalty-free, transferable and
sub-licensable license to Epson and Epson's Affiliates to use, reproduce,
publish, communicate to the public, adapt, modify, distribute, enter into a
commercial rental arrangement, and otherwise deal with such intellectual
property rights.
1.4 You
agree to notify Epson promptly of any claims, damages, losses, liabilities,
costs and expenses (including reasonable attorney’s fees) in connection with
the SDK or this SDK Agreement (collectively, the “Claims”), if Claims are
alleged, or in the reasonable opinion of you, Claims are likely to occur or be
alleged.
2. Upgrades and
Updates. Epson may, from time to time, issue an upgrade, updated version,
modified version, or additions to or for the SDK (collectively, “Updates”). You
acknowledge that Epson has no obligation to provide you with any Updates to the
SDK. Unless other terms and conditions apply, this SDK
Agreement will apply to the Updates.
3. Other
Rights and Limitations. You agree not to use or copy the SDK in any way,
except as otherwise licensed herein, or transfer your rights licensed under
this SDK Agreement in any way, except as otherwise licensed herein. Unless
otherwise licensed, you agree not to modify, adapt or translate the SDK and
further agree not to attempt to reverse engineer, decompile, disassemble or
otherwise attempt to discover the source code of the SDK. You agree to comply
with any technical limitations in the SDK that allow you to use the SDK only in
certain ways and not to use the SDK in any ways that circumvents any technical
limitations in the SDK. You may not sublicense, rent, lease, distribute, lend
the SDK to third parties, except as otherwise licensed herein. You may not use
the SDK use the Extension in any way that is against the law, nor may you
remove, minimize, block, or modify any notices of Epson or its licensors within
the SDK. The SDK is licensed as a single unit, and its component programs may
not be separated for some other use. Further, you agree not to place the SDK
onto or into a shared environment accessible via a public network such as the
Internet or otherwise accessible by others other than licensed herein unless
otherwise licensed whether or not over a network or on
a hosted basis, including virtualization, time‑sharing,
service bureau, software‑as‑a‑service, cloud, or similar services, use the
SDK in violation of any law, regulation, or rule, or
any other purpose that is to Epson’s commercial disadvantage.
4. Ownership.
Title, ownership rights, and intellectual property rights in and to the SDK
shall remain with Epson or its licensors and suppliers. The SDK is protected by
United States Copyright Law, copyright laws of Japan and international
copyright treaties, as well as other intellectual property laws and treaties.
There is no transfer to you of any title to or ownership of the SDK and this
License shall not be construed as a sale of any rights in the SDK. You agree
not to remove or alter any copyright, trademark, registered mark and other
proprietary notices on any copies of the SDK. Epson and/or its licensors and
suppliers reserve all rights not granted. The SDK may also contain images,
illustrations, designs and photos (“Materials”), and the copyright of such
material belongs to Epson and/or its licensors and suppliers, protected by
national and/or international intellectual property laws, conventions and treaties.
5. Open Source and
Other Third-Party Components. Notwithstanding the
foregoing license grant, you acknowledge that certain components of the SDK may
be covered by third-party licenses, including so-called “open source” software
licenses, which means any software licenses approved as open source licenses by
the Open Source Initiative or any substantially similar licenses, including
without limitation any license that, as a condition of distribution of the
software licensed under such license, requires that the distributor make the
software available in source code format (such third-party components,
“Third-Party Components”). A list of Third-Party Components, and associated
license terms (as required), for particular versions of the SDK is indicated at
https://support.epson.net/terms/,
the end of this SDK Agreement, relevant user manual/storage media, or the
license information displayed on your Device/in SDK. To the extent required by
the licenses covering Third-Party Components, the terms of such licenses will
apply in lieu of the terms of this SDK Agreement. To the extent the terms of
the licenses applicable to Third-Party Components prohibit any of the
restrictions in this SDK Agreement with respect to such Third-Party Components,
such restrictions will not apply to such Third-Party Component.
6. Disclaimer
of Warranty and Remedy. Subject to Section 18.1 (which may apply to you if
you acquire goods and services from Epson in Australia), you acknowledge and
agree that the use of the SDK is at your sole risk. THE SDK IS PROVIDED
"AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND. EPSON AND ITS SUPPLIERS
DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING
THE SDK. Epson does not warrant that the operation of the SDK will be uninterrupted,
error free, free from viruses or other harmful components or vulnerabilities,
or that the functions of the SDK will meet your needs or requirements. Epson is
not liable for performance delays or for nonperformance due to causes beyond
its reasonable control. This Limited Warranty is void if failure of the SDK
resulted from accident, abuse, or misapplication. THE STATED LIMITED WARRANTIES
AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS. EPSON DISCLAIMS ALL OTHER
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL
WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE, COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, CURRENCY,
COMPLETENESS, AND ACCURACY. SOME STATES OR JURISDICTIONS, HOWEVER, DO NOT ALLOW
EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, AND IN SUCH STATES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
7. Limitation of
Liability. Subject to Section 18.1 and/or 19.1 (which may apply to you if
you acquire goods and services from Epson in Australia), TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EPSON OR ITS SUPPLIERS BE LIABLE
FOR ANY DAMAGES, WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR
OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS,
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SDK, OR ARISING OUT OF THE
EXERCISE OF RIGHT UNDER THIS SDK AGREEMENT, OR ARISING OUT OF THIS AGREEMENT,
EVEN IF EPSON OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES IN
CERTAIN TRANSACTIONS, AND IN SUCH STATES, THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY. UNLESS THE ABOVE
RESTRICTIONS APPLY, EPSON’S TOTAL LIABILITY FOR DAMAGES (CUMULATIVE LIABILITY)
SHALL BE LIMITED TO THE PURCHASE PRICE OF RC+ 8.0 PREMIUM.
7.2 Your
Responsibilities.
7.2.1 You
represent and warrant that your entering into this SDK Agreement and your use
of the SDK (including the development and distribution of Your Extension) (i)
do not infringe any rights of any third party or Epson, including intellectual
property rights and moral rights; (ii) do not breach any contract with any
third party or Epson; (iii) do not cause, or attempt to cause, unauthorized
access to or malfunction of any equipment used by any third party or Epson;
(iv) do not contain any defamatory, hateful, racially, ethnically, or
religiously prejudiced, or otherwise abusive, pornographic, or obscene content;
and (v) do not violate any applicable laws, regulations, or public order.
7.2.2 You
shall be solely liable for Your Extension, and indicate on Your Extension to
the effect that the Your Extension is provided by you, not Epson. You
may enter into an end user license agreement with the End Users for the purpose
of allowing them to use Your Extension. However, you agree that such end user
license agreement shall contain terms that do not conflict with the conditions
set forth in Appendix A A‑1(v) (d) of
this Agreement.
7.2.3 You
shall require the End Users to direct any inquiries regarding the content, usage,
or troubles of Your Extension, as well as any claims relating to Your
Extension, to you and not to Epson. You acknowledge and agree, and shall cause
the End Users to agree, that Epson bears no obligations, responsibilities,
support duties, technical assistance, or any other liabilities whatsoever with
respect to Your Extension or to End Users who use Your Extension.
8. U.S. Government Acquisition of the SDK. This
Section applies to all acquisitions of the SDK by or for the U.S. Government
(“Government”), or by any prime contractor or subcontractor (at any tier) under
any contract, grant, cooperative agreement, “other transaction” (“OT”), or
other activity with the Government. By accepting delivery of the SDK, the
Government, any prime contractor, and any subcontractor agree (a) that the SDK
qualifies as "Commercial products," as that term is defined at 48
C.F.R. Section2.101, consisting of “Commercial computer software” and
“Commercial computer software documentation,” as such terms are used in 48
C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable, and (b)
that consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections 227.7202-1
through 227.7202-4, as applicable, the SDK is provided to the Government only
as a Commercial product and with only those rights as are granted to all other End
Users pursuant to this SDK Agreement. The terms and conditions of this SDK Agreement
govern the Government’s (and the prime contractor and subcontractor’s) use and
disclosure of the SDK, and supersede any conflicting terms and conditions of
the contract, grant, cooperative agreement, OT, or other activity pursuant to
which the SDK is delivered to the Government. If this SDK fails to meet the
Government’s needs, if this SDK Agreement is inconsistent in any respect with
Federal law, or if the above provisions of 48. C.F.R do not govern, the
Government agrees to return the SDK, unused, to Epson.
9. Export
Restriction. You agree that the SDK will not be
shipped, transferred or exported into any country or used in any manner
prohibited by export control laws in the United States and other countries or
any other export laws, restrictions or regulations.
10. Entire Agreement.
Subject to Section 19.1 (which may apply to you if you acquire goods and
services from Epson in Australia), this SDK Agreement is the entire agreement
between the parties related to the SDK and supersedes any purchase order,
communication, advertisement, or representation concerning the SDK.
11. Binding Agreement;
Assignees. This SDK Agreement shall be binding upon, and inure to the
benefit of, the parties hereto and their respective successors, assigns and
legal representatives.
12. Severability.
If any provision herein is found void or unenforceable by a court of competent
jurisdiction (subject to Section 22.8 and 22.9 if you are a located in the
U.S.), it will not affect the validity of the balance of the SDK Agreement,
which shall remain valid and enforceable according to its terms.
13. Indemnification.
Subject to Section 19.1 (which may apply to you if you acquire goods and
services from Epson in Australia), you agree that you will indemnify and hold
harmless, and upon Epson’s request, defend Epson and its directors, officers,
shareholders, employees and agents from and against any and all losses,
liabilities, damages, costs, expenses (including reasonable attorneys’ fees),
actions, suits, and claims arising from (i) any breach of any of your
obligations in this SDK Agreement or (ii) any use of the SDK. If Epson asks you
to defend any such action, suit or claim, Epson will have the right, at its own
expense, to participate in the defense thereof with counsel of its choice. You
will not settle any third-party claims for which Epson is entitled to
indemnification without the prior written approval of Epson.
14. Termination.
14.1 This SDK Agreement shall terminate automatically upon failure
by you to comply with this SDK Agreement, upon the expiration of the license
period for RC+ 8.0 Premium, and/or due to requirement of law.
14.2 Upon the termination or expiration of this SDK Agreement, all
licenses to the SDK will terminate and you shall discontinue all use of the
SDK, including without limitation, any further production or distribution of
Your Extension. The termination or expiration of this SDK Agreement will not
affect any preexisting licenses for the End Users of the SDK.
14.3 Epson may terminate this SDK Agreement immediately by notifying
you, if you challenge or assert rights in or to any intellectual property
rights owned by Epson, Epson’s affiliates, any third party licensee of Epson or
their subcontractor including but not limited to any unauthorized use,
reproduction or distribution of the SDK. You may terminate this SDK Agreement
immediately by notifying Epson, if Epson challenges or asserts rights in or to
any intellectual property rights owned by you regarding the SDK.
14.4 The provisions of Sections 2 through 19 of this SDK Agreement
and Section 1 (other than 1.1 thereof) survive any termination or expiration of
this SDK Agreement. Any termination or expiration of this SDK Agreement shall
not affect the accrued rights or remedies of the parties.
15. Capacity and
Authority to Contract. You represent that you are of the legal age of
majority in your state or jurisdiction of residence and have all necessary
authority to enter into this SDK Agreement, including, if applicable, due
authorization by your employer to enter into this SDK Agreement. Epson
represents that it has all necessary authority to enter into this SDK Agreement.
16. [Intentionally left blank]
(THE FOLLOWING
SECTIONS 17-19 OF THIS DOCUMENT MAY APPLY TO YOU IF YOU ACQUIRE GOODS OR
SERVICES IN AUSTRALIA (SEE SECTIONS 18.1 AND 19.1 FOR FURTHER INFORMATION AS TO
WHEN THESE SECTIONS APPLY)
17. Definition.
For the purpose of the following Sections 18-19 of this SDK Agreement, the
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act
2010 (Cth).
18.1 Acquiring Product
as a Consumer. If you acquire the SDK in Australia as a consumer under the
Australian Consumer Law, which can include individuals or businesses or other
entities of any size, this SDK Agreement is subject to the following Sections 18.2
and 18.3.
18.2 Australian
Consumer Law. Nothing in this SDK Agreement applies where it would exclude,
restrict or modify any right or remedy you may have under the Australian
Consumer Law if such right or remedy cannot lawfully be excluded, restricted or
modified.
Notwithstanding anything to the
contrary in this SDK Agreement, if you acquire goods (other than goods acquired
for the purpose of resupply) and services from Epson as a consumer, they come
with statutory guarantees under the Australian Consumer Law that are not
excluded by any other terms of this SDK Agreement.
The statutory guarantees
include (without limitation) the following:
Goods must be of acceptable
quality. This means they must:
-be safe;
-be free from defects;
-be acceptable in appearance and finish;
-do all the things someone would normally expect them to do;
-match any demonstration model or sample;
-be fit for the purpose which Epson has represented to you it would
be fit for;
-match the description of the goods given by Epson; and
-meet any express warranty given by Epson to you at the time of your
purchase about their performance, condition and quality.
Services provided by Epson
must:
-be provided with due care and skill or technical knowledge;
-be fit for the purpose or give the results that have been agreed
to; and
-be delivered within a reasonable time when there is no agreed end
date.
To the extent that Epson fails
to comply with a consumer guarantee applicable to you under the Australian
Consumer Law you are entitled to the remedies as set out in the Australian
Consumer Law. For major failures with the service, you are entitled:
-to cancel your service contract with Epson; and
-to a refund for the unused portion, or to compensation for its
reduced value.
You are also entitled to choose
a refund or replacement for major failures with goods.
If a failure with the goods or
a service does not amount to a major failure, you are entitled to have the
failure rectified in a reasonable time. If this is not done, you are entitled
to a refund for the goods and to cancel the contract for the service and obtain
a refund of any unused portion.
You are also entitled to be
compensated for any other reasonably foreseeable loss or damage from a failure
in the goods or service.
18.3 Disclaimer
of Warranty and Remedy. Section 6 will not apply to you. The following
section will apply instead:
EXCEPT
THAT NOTHING IN THIS CLAUSE EXCLUDES, RESTRICTS OR MODIFIES ANY WARRANTIES,
GUARANTEES, RIGHTS OR REMEDIES WHICH CANNOT BE EXCLUDED UNDER THE AUSTRALIAN
CONSUMER LAW: (1) THE SDK IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY
KIND; (2) EPSON AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR
RESULTS YOU MAY OBTAIN BY USING THE SDK; (3) Epson does not warrant that the
operation of the SDK will be uninterrupted, error free, free from viruses or
other harmful components or vulnerabilities, or that the functions of the SDK
will meet your needs or requirements; (4) Epson is not
liable for performance delays or for non-performance due to causes beyond its
reasonable control; and (5) EPSON DISCLAIMS ALL OTHER WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF
NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE,
COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, CURRENCY, COMPLETENESS, AND
ACCURACY.
19.1 Acquiring Product
under a Consumer or Small Business Contract. If:
(a) you are an individual and you acquire the SDK wholly or
predominantly for personal, domestic or household use or consumption; or
(b) this SDK Agreement constitutes a small business contract (as
that term is defined in the Australian Consumer Law from time to time),
then the following Sections 19.2-19.3 will apply to you.
19.2 Limitation of
Liability. Section 7 will not apply to you. The
following section will apply instead:
Subject to Section 18.1, IN
NO EVENT WILL A PARTY OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY,
MISREPRESENTATION, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SDK, OR
ARISING OUT OF THE EXERCISE OF RIGHT UNDER THIS SDK AGREEMENT, OR ARISING OUT
OF THIS SDK AGREEMENT, EVEN IF THAT PARTY OR ITS REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. A PARTY’S TOTAL LIABILITY FOR
DAMAGES (CUMULATIVE LIABILITY) SHALL BE LIMITED TO THE PURCHASE PRICE OF RC+
8.0 PREMIUM.
19.3 Entire Agreement; Indemnification. Sections 10 (Entire
Agreement) and 13 (Indemnification) will not apply to you.
(IF YOU ARE
LOCATED IN THE UNITED STATES, THE FOLLOWING SECTIONS 20-23 APPLY TO YOU)
20. [Intentionally left blank]
21. [Intentionally left blank]
22. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
22.1 Disputes. The
terms of this Section 22 shall apply to all Disputes between you and Epson. The
term “Dispute” is meant to have the broadest meaning permissible under law or
in equity and includes any past, present, or future dispute, claim, controversy
or action between you and Epson including those that arose before the existence
of this or any prior Agreement arising out of or relating to this SDK Agreement
(including its formation, performance, or breach), the SDK, Epson Hardware, the
parties’ relationship with each other and/or any other transaction involving
you and Epson, whether in contract, or with respect to warranty,
misrepresentation, fraud, tort, intentional tort, statute, regulation,
ordinance, or any other legal or equitable basis. However, a “Dispute” does not
include a claim or cause of action for (a) trademark infringement or dilution,
(b) patent infringement, (c) copyright infringement or misuse, or (d) trade
secret misappropriation (an “IP Claim”). A “Dispute” also does not include a
request for public injunctive relief. You and Epson agree, consistent with
Section 22.6(a), that a court, not an arbitrator, may decide if a claim or
cause of action is for an IP Claim, as well as whether a claim seeks public
injunctive relief.
22.2 Initial Dispute
Resolution. Before submitting a claim for arbitration in accordance with
this Section 22, you and Epson agree to try, for sixty (60) days, to resolve
any Dispute informally. If Epson and you do not reach an agreement to resolve
the Dispute within the sixty (60) days, you or Epson may commence an
arbitration in accordance with Section 22.6. Notice to Epson must be addressed
to: Epson America, Inc., ATTN: Legal Department, 3131 Katella Avenue, Los
Alamitos, CA 90720-2335. Any notice of the Dispute shall include the sender’s
name, address and contact information, the facts giving rise to the Dispute,
and the relief requested. Any notice sent to you will be sent to the most
recent address Epson has in its records for you. For this reason, it is
important to notify us if your address changes by emailing us at
EAILegal@ea.epson.com or writing us at the address above. You and Epson agree
to act in good faith to resolve the Dispute before commencing arbitration in
accordance with this Section 22. To minimize the cost and inconvenience to all
parties, and to promote prompt resolution of Disputes, you and we agree that
engaging in this initial dispute resolution process is a material term of this SDK
Agreement and a requirement that must be fulfilled before commencing any
arbitration.
Consistent with Section 22.6(a), you and Epson agree that any disagreements
regarding compliance with this Section 22.2 shall be decided by a court, not an
arbitrator; pending resolution of any such disagreements by a court, which may
include requests to compel compliance with this Section 22.2, you and we agree
that arbitration (as well as any obligation to pay arbitration fees) shall be
stayed until the initial dispute resolution process in Section 22.2 is
complete. You and Epson acknowledge that either party’s failure to comply with
the provisions of this Section 22.2 would irreparably harm the other, and you
and Epson agree that a court may issue an order staying arbitration (and any
obligation to pay arbitration fees) until the initial dispute resolution
process in this Section 22.2 is complete.
22.3 Binding Arbitration.
If we do not reach an agreed upon solution within a period of sixty (60) days
from the time informal dispute resolution is pursued pursuant to Section 22.2
above, then either party may initiate binding arbitration. Except as stated
below in Section 22.4, you and Epson agree that all Disputes shall be resolved
by binding arbitration according to this SDK Agreement. ARBITRATION MEANS THAT
YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING, AND YOUR RIGHT
TO DISCOVERY AND GROUNDS FOR APPEAL ARE MORE LIMITED THAN IN COURT. Pursuant to
this SDK Agreement, and except as stated below in Section 22.6(h), binding
arbitration shall be administered by JAMS, a nationally recognized arbitration
provider, pursuant to the JAMS Streamlined Arbitration Rules and Procedures or
its applicable code of procedures then in effect for consumer related disputes,
but excluding any rules that permit class arbitration. For more detail on the
procedure to initiate arbitration and what your demand for arbitration should
include, see Sections 22.6(g) and 22.6(h) below. You and Epson understand and
agree that (a) the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the
interpretation and enforcement of this Section 22, (b) this SDK Agreement
memorializes a transaction in interstate commerce, and (c) this Section 22
shall survive termination of this SDK Agreement.
22.4 Exception - Small
Claims Court. Notwithstanding the parties’ agreement to resolve Disputes
through arbitration, either party can elect to have an individual claim
resolved in small claims court of your state or municipality if the action is
within that court’s jurisdiction, even if the claim was initiated by another
party in a different forum.
22.5 WAIVER OF CLASS
ACTION AND CLASS ARBITRATION. YOU AND EPSON AGREE THAT EACH PARTY MAY BRING
DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A
CLASS action or class arbitration. If any court or arbitrator determines that
the class action waiver set forth in this paragraph is void or unenforceable
for any reason or that an arbitration can proceed on a class basis, then the
arbitration provision set forth above in Section 22.3 shall be deemed null and
void in its entirety and the parties shall be deemed to have not agreed to
arbitrate disputes.
22.6 Arbitration
Procedure.
a) The
arbitrator shall be empowered to grant whatever relief would be available in a
court under law or in equity, except for requests for public injunctive relief,
if any, which shall be decided by a court, not an arbitrator. If either party
seeks public injunctive relief, that request for relief shall be severed from
any arbitration proceeding and stayed pending a final determination of the
arbitration. Nothing in Section 22 of this SDK Agreement shall be construed as
a waiver of either party’s right to seek public injunctive relief, and you and
we agree to cooperate to effect the stay of any requests for public injunctive
relief.
The arbitrator is bound by the terms of this SDK Agreement. The arbitrator, and
not any federal, state or local court or agency, shall have exclusive authority
to resolve all disputes arising out of or relating to the interpretation,
applicability, enforceability or formation of this SDK Agreement, including any
claim that all or any part of this SDK Agreement is void or voidable.
Notwithstanding this broad delegation of authority to the arbitrator, and
consistent with Sections 22.1, 22.2, 22.6(a) and 22.6(h) of this SDK Agreement,
a court may determine: (i) the limited question of whether a claim or cause of
action is for an IP Claim, which is excluded from the definition of “Disputes”
in Section 22.1 above; (ii) disagreements regarding compliance with the initial
dispute resolution provisions in Section 22.2 above; (iii) disagreements
regarding claims for public injunctive relief as set forth in this Section
22.6(a); and/or (iv) disagreements regarding the provisions for “Mass
Arbitration” in Section 22.6(h) below.
b) Costs
of Arbitration and Legal Fees. In some instances, the costs of arbitration
can exceed the costs of litigation. Each party will have the right to use legal
counsel in connection with arbitration at its own expense. If, however, the
arbitrator determines that a claim or defense asserted by you or Epson is
patently frivolous or in bad faith, the arbitrator may award the reasonable
legal fees and costs incurred by the other party defending against the claim or
defense. By way of illustration only, and without limitation, a patently
frivolous claim may be found where it is based on a product never purchased by
a claimant.
c) Discovery.
The discovery or exchange of non-privileged information relevant to the Dispute
may be allowed during the arbitration. The right to discovery may be more
limited in arbitration than in court.
d) Awards.
The arbitrator’s award is binding and may be entered as a judgment in any court
of competent jurisdiction.
e) Hearing
Format and Location. You may choose to engage in arbitration hearings by
telephone or, if you and we both agree, to conduct it online, in lieu of
appearing live. Arbitration hearings not conducted by telephone or online shall
take place in a location reasonably accessible from your primary residence, or
in Orange County, California, at your option.
f) Settlement
Offers. During the arbitration, the amount of any settlement offer made
shall not be disclosed to the arbitrator until after the arbitrator determines
the amount, if any, to which you or Epson is entitled.
g) Initiation
of Arbitration Proceeding Before JAMS. Except as stated in Section 22.6(h)
below, if you or Epson commences arbitration, the arbitration shall be governed
by the JAMS Streamlined Arbitration Rules and Procedures or the applicable
rules of JAMS that are in effect when the arbitration is filed, excluding any
rules that permit arbitration on a class-wide basis (the “JAMS Rules”),
available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the
rules set forth in this SDK Agreement. All Disputes shall be resolved by a
single neutral arbitrator, which shall be selected in accordance with the JAMS
Streamlined Arbitration Rules and Procedures, and both parties shall have a
reasonable opportunity to participate in the selection of the arbitrator. If
either you or Epson decides to arbitrate a Dispute before JAMS, both parties
agree to the following procedure:
(i) Write
a Demand for Arbitration. The demand must include a description of the Dispute
and the amount of damages sought to be recovered. The demand also must identify
the product purchased, identify the date and place of purchase and, if
possible, provide the serial number and proof of purchase. You can find a copy
of a demand for arbitration at http://www.jamsadr.com.
(ii) Send
three copies of the demand for arbitration, plus the appropriate filing fee,
to: JAMS, 500 North State College Blvd., Suite 600 Orange, CA 92868, U.S.A.
(iii) Send
one copy of the demand for arbitration to the other party (at the same address
as the notice of a dispute, above in section 22.2), or as otherwise agreed by
the parties.
h) Initiation
of Mass Arbitration Before FedArb. Notwithstanding Sections 22.3 and
22.6(g), if 20 or more demands for arbitration are filed relating to the same
or similar subject matter and sharing common issues of law or fact, and counsel
for the parties submitting the demands are the same or coordinated, you and we
agree that this will constitute a “Mass Arbitration.”
If a Mass Arbitration is commenced, you and we agree that it shall not be
governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration
shall be administered by FedArb, a nationally recognized arbitration provider,
and governed by the FedArb Rules in effect when the Mass Arbitration is filed,
excluding any rules that permit arbitration on a class-wide basis (the “FedArb
Rules”), and under the rules set forth in this SDK Agreement. The FedArb Rules
are available at https://www.fedarb.com/ or by calling 1-650-328-9500. You and
we agree that the Mass Arbitration shall be resolved using FedArb’s Framework
for Mass Arbitration Proceedings ADR-MDL, available at https://www.fedarb.com/.
Before any Mass Arbitration is filed with FedArb, you and we agree to contact
FedArb jointly to advise that the parties intend to use FedArb’s Framework for
Mass Arbitration Proceedings ADR-MDL. The individual demands comprising the
Mass Arbitration shall be submitted on FedArb’s claim form(s) and as directed
by FedArb.
Consistent with Section 22.6(a) above, you and Epson agree that if either party
fails or refuses to commence the Mass Arbitration before FedArb, you or Epson
may seek an order from a court of competent jurisdiction compelling compliance
with this Section 22.6(h) and compelling administration of the Mass Arbitration
before FedArb. Pending resolution of any such requests to a court, you and we
agree that all arbitrations comprising the Mass Arbitration (and any obligation
to pay arbitration fees) shall be stayed. You and Epson acknowledge that either
party’s failure to comply with the provisions of this Section 22.6(h) would
irreparably harm the other, and you and Epson agree that a court may issue an
order staying the arbitrations (and any obligation to pay arbitration fees)
until any disagreements over the provisions of this Section 22.6(h) are
resolved by the court.
22.7 30 Day Opt-out Right.
You may elect to opt-out (exclude yourself) from the final, binding, individual
arbitration procedure and waiver of class proceedings set forth in Sections
22.3 to 22.6 of this SDK Agreement by sending a written letter to the Epson
address listed above in Section 22.2 within thirty (30) days of your assent to this
SDK Agreement that specifies (i) your name, (ii) your mailing address, and
(iii) your request to be excluded from the final, binding individual
arbitration procedure and waiver of class proceedings specified in this Section
22. In the event that you opt-out consistent with the procedure set forth
above, all other terms set forth in the SDK Agreement, including this Section
22, shall continue to apply, including the requirement to provide notice prior
to litigation. If you opt-out of these arbitration provisions, Epson will also
not be bound by them.
22.8 Amendments to Section
22. Notwithstanding any provision in this SDK Agreement to the contrary,
you and Epson agree that if Epson makes any future amendments to the dispute
resolution procedure and class action waiver provisions (other than a change to
Epson’s address) in this SDK Agreement, Epson will obtain your affirmative
assent to the applicable amendment. If you do not affirmatively assent to the
applicable amendment, you are agreeing that you will arbitrate any Dispute
between the parties in accordance with the language of this Section 22 (or
resolve disputes as provided for in Section 22, if you timely elected to
opt-out) when you first assented to this SDK Agreement.
22.9 Severability. If
any provision in this Section 22 is found to be unenforceable, that provision
shall be severed with the remainder of this SDK Agreement remaining in full
force and effect. The foregoing shall not apply to the prohibition against
class actions as provided in Section 22.5. This means that if Section 22.5 is
found to be unenforceable, the entire Section 22 (but only Section 22) shall be
null and void.
23. For New Jersey Residents. NOTWITHSTANDING
ANY TERMS SET FORTH IN THIS SDK AGREEMENT, IF ANY OF THE PROVISIONS SET FORTH
IN SECTIONS 6 OR 7 ARE HELD UNENFORCEABLE, VOID OR INAPPLICABLE UNDER NEW
JERSEY LAW, THEN ANY SUCH PROVISION SHALL NOT APPLY TO YOU BUT THE REST OF THE
AGREEMENT SHALL REMAIN BINDING ON YOU AND EPSON. NOTWITHSTANDING ANY PROVISION
IN THIS SDK AGREEMENT, NOTHING IN THIS SDK AGREEMENT IS INTENDED TO, NOR SHALL
IT BE DEEMED OR CONSTRUED TO, LIMIT ANY RIGHTS AVAILABLE TO YOU UNDER THE
TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT.
24. Other
Governing Law and General Matters
(IF YOU ARE
LOCATED IN JAPAN, THE FOLLOWING SECTION APPLIES TO YOU)
24.1 Governing Law
and Jurisdiction. This SDK Agreement shall be governed by and construed in
accordance with the laws of Japan, without giving effect to its conflicts of
laws provisions. In case of any dispute regarding the SDK between you and
Epson, the Tokyo District Court shall be the agreed court with exclusive
jurisdiction. The application of the United Nations Convention of Contracts for
the International Sale of Goods is expressly excluded in all cases.
(IF YOU ARE
LOCATED IN EUROPE, MIDDLE EAST and AFRICA, THE FOLLOWING SECTION APPLIES TO
YOU)
24.2 Governing Law
and Jurisdiction. This section shall apply to all disputes between you and
Epson. Any dispute between you and Epson, whether in contract or in tort, shall
be heard and determined by the courts of Amsterdam in the Netherlands, unless
we give notice to you requiring it to be heard and determined in a country in
which you have you Residence. You irrevocably consent to the registration and
enforcement in and by the courts of any other country of any judgement obtained
against you in the Courts of Amsterdam in the Netherlands, or such other
permitted country, and undertake not to challenge or obstruct any such
registration or enforcement proceedings.
(IF YOU ARE
LOCATED IN EUROPE, THE FOLLOWING SECTION APPLIES TO YOU)
24.3 EU Data Act
Agreement with Users. EU Data Act Agreement with Users. Where the User
qualifies as a “user” within the meaning of Regulation (EU) 2023/2854 (the “EU
Data Act”) and the EU Data Act is applicable, the terms and conditions
governing access to and use of data under the EU Data Act (the “EU Data Act
Agreement with Users”) are incorporated herein by reference. The EU Data Act
Agreement with Users is made available via the following URL: Country Selector | Epson
Europe which directs the User to a landing page allowing selection of the
relevant country and language. After selecting the applicable country and
language, the User may access the EU Data Act Agreement with Users by
navigating to the “EU Data Act Compliance” section available in the footer of
the relevant webpage. The User is required to open and review the EU Data Act
Agreement with Users by entering into this SDK Agreement and/or accessing or
using the relevant products or services, the User acknowledges and agrees that
the EU Data Act Agreement with Users forms an integral and binding part of this
SDK Agreement, and in the event of any conflict, the EU Data Act Agreement with
Users shall prevail to the extent necessary to ensure compliance with the EU
Data Act.
(IF YOU ARE
LOCATED IN SOUTHEAST ASIA, THE FOLLOWING SECTION APPLIES TO YOU)
24.4 Governing Law
and Jurisdiction. This SDK Agreement shall be governed by and construed in
accordance with the laws of the country in which you have Residence. This
section shall apply to all disputes between you and Epson. Any dispute,
controversy or claim arising out of or relating to this SDK Agreement, or the
breach, termination or invalidity thereof shall be settled by arbitration in
accordance with the UNCITRAL Arbitration Rules as at present in force and to be
administered by the Singapore International Arbitration Centre. The number of
arbitrators shall be one (1), and such arbitrator shall be appointed by Epson.
The place and seat of arbitration shall be the country in which you have
Residence, unless otherwise determined by Epson. You agree that the decision of
the arbitrator shall be final and binding, and you undertake not to challenge
or obstruct any such registration or enforcement proceedings. The language used
in the arbitration proceedings shall be English.
(IF YOU ARE
LOCATED IN CHINA, THE FOLLOWING SECTION APPLIES TO YOU)
24.5 Governing
Law and Jurisdiction. This SDK
Agreement shall be governed by and construed in accordance with the laws of the
People's Republic of China. All disputes arising from or in connection with
this SDK Agreement shall be resolved through friendly consultation. If such
disputes cannot be resolved through such consultation, such disputes shall be submitted
to Beijing Arbitration Commission for arbitration in accordance with its rules
of arbitration in effect at the time of applying for arbitration. The seat of
arbitration shall be Beijing. The arbitral award is final and binding upon both
parties.
Appendix C: END
USER SOFTWARE LICENSE AGREEMENT |Extension|
NOTICE
TO USER: PLEASE READ THIS EXTENSION AGREEMENT (“EXTENSION
AGREEMENT”) CAREFULLY BEFORE INSTALLING OR USING ANY
EXTENSION CREATED WITH THE RC+ EXTENSIONS. Unless otherwise expressly provided,
the terms used in this Appendix C shall have the meanings given in the main
body of this Agreement and Appendix A.
IF YOU
ACQUIRE THIS EXTENSION IN AUSTRALIA, SECTIONS 17-19 OF THIS DOCUMENT MAY APPLY
TO YOU. SECTIONS 18.1 AND 19.1 DESCRIBE WHEN THESE SECTIONS MAY APPLY. SECTIONS
17-19 SET OUT MANDATORY STATUTORY PROTECTIONS WHICH CANNOT BE EXCLUDED UNDER
LAW. WHERE INDICATED, OTHER TERMS IN THIS EXTENSION AGREEMENT ARE SUBJECT TO
SECTIONS 17-19.
IF YOU ARE LOCATED IN THE UNITED STATES, SECTIONS 20-23 OF THIS
DOCUMENT APPLY TO YOU. SECTION 22 CONTAINS A BINDING ARBITRATION PROVISION THAT
LIMITS YOUR ABILITY TO SEEK RELIEF IN A COURT BEFORE A JUDGE OR JURY, AND
WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS FOR
CERTAIN DISPUTES. AN “OPT-OUT” IS AVAILABLE UNDER SECTION 22.7 FOR THOSE WHO
WISH TO BE EXCLUDED FROM THE ARBITRATION AND CLASS WAIVER.
IF YOU ARE LOCATED IN JAPAN, SECTION 24.1 OF THIS DOCUMENT APPLIES
TO YOU.
IF YOUR RESIDENCE IS IN EUROPE (DEFINED
FOR THE PURPOSE OF THIS DOCUMENT AS INCLUDING THE EUROPEAN UNION (EU), THE EUROPEAN ECONOMIC AREA
(EEA), THE EUROPEAN FREE TRADE ASSOCIATION (EFTA) COUNTRIES, THE UNITED KINGDOM
AND THE BALKAN REGION COUNTRIES), MIDDLE EAST and
AFRICA, SECTION 24.2 OF THIS DOCUMENT APPLIES TO YOU.
IF YOUR RESIDENCE IS IN EUROPE, SECTION 24.3 OF THIS DOCUMENT
APPLIES TO YOU. SECTION 24.3 CONTAINS THE EU DATA ACT AGREEMENT WITH USERS, AS
REQUIRED UNDER REGULATION (EU) 2023/2854 (EU DATA ACT), AND GOVERNS THE RIGHTS
AND OBLIGATIONS APPLICABLE TO USERS IN RELATION TO ACCESS TO AND USE OF DATA
WHERE THE EU DATA ACT APPLIES.
IF YOU ARE LOCATED IN SOUTHEAST ASIA, SECTION 24.4 OF THIS DOCUMENT
APPLIES TO YOU.
IF YOU ARE LOCATED IN CHINA, SECTION 24.5 OF THIS DOCUMENT APPLIES
TO YOU.
This
Extension Agreement is a legal agreement between you, who has obtained License
Activation for RC+ 8.0 Premium, and Epson (Seiko Epson Corporation or,
depending on your residence, an affiliated company of Seiko Epson Corporation)
for the Extension separately provided by Epson, including any related
documentation, firmware, or updates (collectively referred to hereinafter as
the “Extension”).
BEFORE
INSTALLING, COPYING OR OTHERWISE USING THE EXTENSION, YOU NEED TO REVIEW AND
AGREE TO THE TERMS AND CONDITIONS OF THIS EXTENSION AGREEMENT. Please note that the RC+ 8.0 End User Software License Agreement,
and not this Extension Agreement, applies to RC+ 8.0 Premium. If you do not agree with the terms and
conditions of this EXTENSION
Agreement you may not install or use the EXTENSION.
If you
agree and the Agree (“ACCEPT”, “OK” or any similar representation of agreement)
button/box is presented at all, click on that button/box. If you do not agree
and the Disagree (“EXIT”, “Cancel” or any similar representation of
disagreement) button/box is presented at all, click on that button/box.
If you do
not agree, you need to delete the Extension if you have downloaded and obtained
the Extension.
In
addition, this Extension Agreement does not apply to any Extension distributed
by a third party other than Epson. You shall use such Extension in accordance
with the end user license agreement separately provided by the distributor of
that Extension.
1. Grant of License. Subject to and
conditioned upon your compliance with all terms and conditions set forth in
this Extension Agreement, Epson grants you, for the RC+ 8.0 Premium license
term only, a limited, nonexclusive, nonsublicensable and nonassignable license
to:
(i) to use the Extension on a
Device solely for the purpose of extending the functions of RC+ 8.0 Premium
managed by you. For the purposes of this Extension Agreement, “Extension” means
extension software intended to add functions to RC+ 8.0 Premium;
(ii) transfer all of your
rights to use the Extension to another person or legal entity, provided that
the recipient also agrees to the terms of this Extension Agreement and you
transfer all of the enclosed materials of this Extension Agreement, including this
Extension Agreement and all backup copies for the Extension to such person or
entity. Your license rights under this Section will automatically terminate
upon such transfer.
2. Upgrades and Updates. Epson may, from
time to time, issue an upgrade, updated version, modified version, or additions
to or for the Extension (collectively, “Updates”). You acknowledge that Epson
has no obligation to provide you with any Updates to the Extension. Unless
other terms and conditions apply, this Extension Agreement will apply to the
Updates.
3. Other Rights and Limitations. You agree not to use or copy the Extension in any way, except as
otherwise licensed herein, or transfer your rights licensed under this Extension
Agreement in any way, except as otherwise licensed herein. Unless otherwise
licensed, you agree not to modify, adapt or translate the Extension and further
agree not to attempt to reverse engineer, decompile, disassemble or otherwise
attempt to discover the source code of the Extension. You agree to comply with
any technical limitations in the Extension that allow you to use the Extension
only in certain ways and not to use the Extension in any ways that circumvents
any technical limitations in the Extension. You may not rent, lease,
distribute, lend the Extension to third parties unless otherwise licensed. You
may not use the Extension in any way that is against the law, nor may you
remove, minimize, block, or modify any notices of Epson or its licensors within
the Extension. The Extension is licensed as a single unit, and its component
programs may not be separated for some other use. You may not use the Extension
in any manner that infringes the rights of Epson or any other person, causes
damage to Epson or any other person, or results in unauthorized access to, or
malfunction of, any equipment used by Epson or any other person. Further, you
agree not to place the Extension onto or into a shared environment accessible
via a public network such as the Internet or otherwise accessible by others
other than licensed herein unless otherwise licensed
whether or not over a network or on a hosted basis, including virtualization,
time‑sharing, service bureau, software‑as‑a‑service,
cloud, or similar services, use the Extension in violation of any law, regulation, or rule, or any other purpose
that is to Epson’s commercial
disadvantage.
4. Ownership. Title, ownership rights, and
intellectual property rights in and to the Extension shall remain with Epson or
its licensors and suppliers. The Extension is protected by United States
Copyright Law, copyright laws of Japan and international copyright treaties, as
well as other intellectual property laws and treaties. There is no transfer to
you of any title to or ownership of the Extension and this License shall not be
construed as a sale of any rights in the Extension. You agree not to remove or
alter any copyright, trademark, registered mark and other proprietary notices
on any copies of the Extension. Epson and/or its licensors and suppliers
reserve all rights not granted. The Extension may also contain images,
illustrations, designs and photos (“Materials”), and the copyright of such
material belongs to Epson and/or its licensors and suppliers, protected by
national and/or international intellectual property laws, conventions and treaties.
5. Open Source and Other Third-Party
Components. Notwithstanding the foregoing license grant, you acknowledge
that certain components of the Extension may be covered by third-party
licenses, including so-called “open source” software licenses, which means any
software licenses approved as open source licenses by the Open Source
Initiative or any substantially similar licenses, including without limitation
any license that, as a condition of distribution of the software licensed under
such license, requires that the distributor make the software available in
source code format (such third-party components, “Third-Party Components”). A
list of Third-Party Components, and associated license terms (as required), for
particular versions of the Extension is indicated at https://support.epson.net/terms/, the
end of this Extension Agreement, relevant user manual/storage media, or the
license information displayed on your Device/in Extension. To the extent
required by the licenses covering Third-Party Components, the terms of such
licenses will apply in lieu of the terms of this Extension Agreement. To the
extent the terms of the licenses applicable to Third-Party Components prohibit
any of the restrictions in this Extension Agreement with respect to such
Third-Party Components, such restrictions will not apply to such Third-Party
Component.
6. Disclaimer of Warranty and Remedy. Subject
to Section 18.1 (which may apply to you if you acquire goods and services from
Epson in Australia), you acknowledge and agree that the use of the Extension is
at your sole risk. THE EXTENSION IS PROVIDED "AS IS" AND WITHOUT ANY
WARRANTY OF ANY KIND. EPSON AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE EXTENSION. Epson does not
warrant that the operation of the Extension will be uninterrupted, error free,
free from viruses or other harmful components or vulnerabilities, or that the
functions of the Extension will meet your needs or requirements. Epson is not
liable for performance delays or for nonperformance due to causes beyond its
reasonable control. This Limited Warranty is void if failure of the Extension
resulted from accident, abuse, or misapplication. THE STATED LIMITED WARRANTIES
AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS. EPSON DISCLAIMS ALL OTHER
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL
WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE, COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, CURRENCY,
COMPLETENESS, AND ACCURACY. SOME STATES OR JURISDICTIONS, HOWEVER, DO NOT ALLOW
EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, AND IN SUCH STATES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
7. Limitation of Liability. Subject to
Section 18.1 and/or 19.1 (which may apply to you if you acquire goods and
services from Epson in Australia), TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL EPSON OR ITS SUPPLIERS BE LIABLE FOR ANY
DAMAGES, WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR
OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS,
ARISING OUT OF THE USE OF OR INABILITY TO USE THE EXTENSION, OR ARISING OUT OF
THE EXERCISE OF RIGHT UNDER THIS EXTENSION AGREEMENT, OR ARISING OUT OF THIS EXTENSION
AGREEMENT, EVEN IF EPSON OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF DAMAGES IN CERTAIN TRANSACTIONS, AND IN SUCH STATES, THE ABOVE
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY. UNLESS THE ABOVE RESTRICTIONS APPLY,
EPSON’S TOTAL LIABILITY FOR DAMAGES (CUMULATIVE LIABILITY) SHALL BE LIMITED TO
THE PURCHASE PRICE OF RC+ 8.0 PREMIUM.
8. U.S. Government Acquisition of the Extension.
This Section applies to all acquisitions of the Extension by or for the U.S.
Government (“Government”), or by any prime contractor or subcontractor (at any
tier) under any contract, grant, cooperative agreement, “other transaction”
(“OT”), or other activity with the Government. By accepting delivery of the Extension,
the Government, any prime contractor, and any subcontractor agree (a) that the Extension
qualifies as "Commercial products," as that term is defined at 48
C.F.R. Section2.101, consisting of “Commercial computer software” and
“Commercial computer software documentation,” as such terms are used in 48
C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable, and (b)
that consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections 227.7202-1
through 227.7202-4, as applicable, the Extension is provided to the Government
only as a Commercial product and with only those rights as are granted to all
other end users pursuant to this Extension Agreement. The terms and conditions
of this Extension Agreement govern the Government’s (and the prime contractor
and subcontractor’s) use and disclosure of the Extension, and supersede any
conflicting terms and conditions of the contract, grant, cooperative agreement,
OT, or other activity pursuant to which the Extension is delivered to the
Government. If this Extension fails to meet the Government’s needs, if this Extension
Agreement is inconsistent in any respect with Federal law, or if the above
provisions of 48. C.F.R do not govern, the Government agrees to return the Extension,
unused, to Epson.
9. Export Restriction. You agree that the Extension
will not be shipped, transferred or exported into any country or used in any
manner prohibited by export control laws in the United States and other
countries or any other export laws, restrictions or regulations.
10. Entire Agreement. Subject to Section 19.1
(which may apply to you if you acquire goods and services from Epson in
Australia), this Extension Agreement is the entire agreement between the
parties related to the Extension and supersedes any purchase order,
communication, advertisement, or representation concerning the Extension.
11. Binding Agreement; Assignees. This Extension
Agreement shall be binding upon, and inure to the benefit of, the parties
hereto and their respective successors, assigns and legal representatives.
12. Severability. If any provision herein is
found void or unenforceable by a court of competent jurisdiction (subject to
Section 22.8 and 22.9 if you are a located in the U.S.), it will not affect the
validity of the balance of the Extension Agreement, which shall remain valid
and enforceable according to its terms.
13. Indemnification. Subject to Section 19.1
(which may apply to you if you acquire goods and services from Epson in
Australia), you agree that you will indemnify and hold harmless, and upon
Epson’s request, defend Epson and its directors, officers, shareholders,
employees and agents from and against any and all losses, liabilities, damages,
costs, expenses (including reasonable attorneys’ fees), actions, suits, and
claims arising from (i) any breach of any of your obligations in this Extension
Agreement or (ii) any use of the Extension. If Epson asks you to defend any
such action, suit or claim, Epson will have the right, at its own expense, to
participate in the defense thereof with counsel of its choice. You will not
settle any third-party claims for which Epson is entitled to indemnification
without the prior written approval of Epson.
14. Termination. Without prejudice to any
other rights of the parties, each party may terminate this Extension Agreement,
effective on notice to the other party, if the other party fails to comply with
this Extension Agreement. Upon termination, you must cease using the Extension,
and all copies thereof, must be immediately destroyed.
15. Capacity and Authority to Contract. You
represent that you are of the legal age of majority in your state or
jurisdiction of residence and have all necessary authority to enter into this Extension
Agreement, including, if applicable, due authorization by your employer to
enter into this Extension Agreement. Epson represents that it has all necessary
authority to enter into this Extension Agreement.
16. Privacy, Information Processing. The Extension
may have the ability to connect over the Internet to transmit data to and from
your Device. For example, if you install the Extension, the Extension may cause
your Device to send information about your Epson Hardware and/or the Extension
such as model and serial number, country identifier, language code, operating
system information, and usage information to Epson. However, no personally
identifiable information will be transmitted. Epson may also send promotional
or service information to your Device for display. Any processing of
information provided through the Extension, shall be according to applicable
data protection laws and the Epson Privacy Policy located at https://global.epson.com/privacy/area_select_confirm_eula.html.
To the extent permitted by applicable laws, by agreeing to the terms of this Extension
Agreement and by installing the Extension, you consent to the processing and
storage of your information in and/or outside your country of residence. If
there is a specific privacy policy indicated at the end of this Extension Agreement,
incorporated into the Extension and/or displayed when you use the Extension
(for example, in the case of certain software application software), such
specific privacy policy is incorporated into the Epson Privacy Policy stated
above.
(THE FOLLOWING SECTIONS 17-19 OF THIS DOCUMENT MAY APPLY TO YOU IF
YOU ACQUIRE GOODS OR SERVICES IN AUSTRALIA (SEE SECTIONS 18.1 AND 19.1 FOR
FURTHER INFORMATION AS TO WHEN THESE SECTIONS APPLY)
17. Definition. For the purpose of the
following Sections 18-19 of this Extension Agreement, the Australian Consumer
Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
18.1 Acquiring Product as a Consumer. If you
acquire the Extension in Australia as a consumer under the Australian Consumer
Law, which can include individuals or businesses or other entities of any size,
this Extension Agreement is subject to the following Sections 18.2 and 18.3.
18.2 Australian Consumer Law. Nothing in this
Extension Agreement applies where it would exclude, restrict or modify any
right or remedy you may have under the Australian Consumer Law if such right or
remedy cannot lawfully be excluded, restricted or modified.
Notwithstanding anything to the contrary in this Extension
Agreement, if you acquire goods (other than goods acquired for the purpose of
resupply) and services from Epson as a consumer, they come with statutory
guarantees under the Australian Consumer Law that are not excluded by any other
terms of this Extension Agreement.
The statutory guarantees include (without limitation) the
following:
Goods must be of acceptable quality. This means they must:
-be safe;
-be free from defects;
-be acceptable in appearance
and finish;
-do all the things someone
would normally expect them to do;
-match any demonstration model
or sample;
-be fit for the purpose which
Epson has represented to you it would be fit for;
-match the description of the
goods given by Epson; and
-meet any express warranty
given by Epson to you at the time of your purchase about their performance,
condition and quality.
Services provided by Epson must:
-be provided with due care and
skill or technical knowledge;
-be fit for the purpose or give
the results that have been agreed to; and
-be delivered within a
reasonable time when there is no agreed end date.
To the extent that Epson fails to comply with a consumer
guarantee applicable to you under the Australian Consumer Law you are entitled
to the remedies as set out in the Australian Consumer Law. For major failures
with the service, you are entitled:
-to cancel your service
contract with Epson; and
-to a refund for the unused
portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement
for major failures with goods.
If a failure with the goods or a service does not amount
to a major failure, you are entitled to have the failure rectified in a
reasonable time. If this is not done, you are entitled to a refund for the
goods and to cancel the contract for the service and obtain a refund of any
unused portion.
You are also entitled to be compensated for any other
reasonably foreseeable loss or damage from a failure in the goods or service.
18.3 Disclaimer of Warranty and Remedy.
Section 6 will not apply to you. The following section will apply instead:
EXCEPT THAT NOTHING IN THIS CLAUSE EXCLUDES, RESTRICTS OR
MODIFIES ANY WARRANTIES, GUARANTEES, RIGHTS OR REMEDIES WHICH CANNOT BE
EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW: (1) THE EXTENSION IS PROVIDED “AS
IS” AND WITHOUT ANY WARRANTY OF ANY KIND; (2) EPSON AND ITS SUPPLIERS DO NOT
AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE EXTENSION;
(3) Epson does not warrant that the operation of the Extension will be
uninterrupted, error free, free from viruses or other harmful components or
vulnerabilities, or that the functions of the Extension will meet your needs or
requirements; (4) Epson is not liable for performance delays or for
non-performance due to causes beyond its reasonable control; and (5) EPSON
DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE, COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS, CURRENCY,
COMPLETENESS, AND ACCURACY.
19.1 Acquiring Product under a Consumer or Small
Business Contract. If:
(a) you are an individual and
you acquire the Extension wholly or predominantly for personal, domestic or
household use or consumption; or
(b) this Extension Agreement
constitutes a small business contract (as that term is defined in the
Australian Consumer Law from time to time),
then the following Sections
19.2-19.3 will apply to you.
19.2 Limitation of Liability. Section 7 will
not apply to you. The following section will apply instead:
Subject to Section 18.1, IN NO EVENT WILL A PARTY OR ITS
SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, INCLUDING
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING
OUT OF THE USE OF OR INABILITY TO USE THE EXTENSION, OR ARISING OUT OF THE
EXERCISE OF RIGHT UNDER THIS EXTENSION AGREEMENT, OR ARISING OUT OF THIS EXTENSION
AGREEMENT, EVEN IF THAT PARTY OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. A PARTY’S TOTAL LIABILITY FOR DAMAGES (CUMULATIVE
LIABILITY) SHALL BE LIMITED TO THE PURCHASE PRICE OF RC+ 8.0 PREMIUM.
19.3 Entire
Agreement; Indemnification. Sections 10 (Entire Agreement) and 13
(Indemnification) will not apply to you.
(IF YOU ARE
LOCATED IN THE UNITED STATES, THE FOLLOWING SECTIONS 20-23 APPLY TO YOU)
20. Downloadable
Updates. You may also be able to download updates or upgrades to the
Extension from the “RC+ 8.0” Software provided by Epson if such updates or
upgrades are made available. If you agree to install the Extension, any
transmissions to or from the Internet, and data collection and use, will be in
accordance with Epson’s then-current Privacy Policy, and by installing the Extension
you agree that such then-current Privacy Policy shall govern such activities.
21. [Intentionally left blank]
22. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND
WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
22.1 Disputes. The
terms of this Section 22 shall apply to all Disputes between you and Epson. The
term “Dispute” is meant to have the broadest meaning permissible under law or
in equity and includes any past, present, or future dispute, claim, controversy
or action between you and Epson including those that arose before the existence
of this or any prior Agreement arising out of or relating to this Extension Agreement
(including its formation, performance, or breach), the Extension, Epson
Hardware, the parties’ relationship with each other and/or any other
transaction involving you and Epson, whether in contract, or with respect to
warranty, misrepresentation, fraud, tort, intentional tort, statute,
regulation, ordinance, or any other legal or equitable basis. However, a
“Dispute” does not include a claim or cause of action for (a) trademark
infringement or dilution, (b) patent infringement, (c) copyright infringement
or misuse, or (d) trade secret misappropriation (an “IP Claim”). A “Dispute”
also does not include a request for public injunctive relief. You and Epson
agree, consistent with Section 22.6(a), that a court, not an arbitrator, may
decide if a claim or cause of action is for an IP Claim, as well as whether a
claim seeks public injunctive relief.
22.2 Initial Dispute
Resolution. Before submitting a claim for arbitration in accordance with
this Section 22, you and Epson agree to try, for sixty (60) days, to resolve
any Dispute informally. If Epson and you do not reach an agreement to resolve
the Dispute within the sixty (60) days, you or Epson may commence an
arbitration in accordance with Section 22.6. Notice to Epson must be addressed
to: Epson America, Inc., ATTN: Legal Department, 3131 Katella Avenue, Los
Alamitos, CA 90720-2335. Any notice of the Dispute shall include the sender’s
name, address and contact information, the facts giving rise to the Dispute,
and the relief requested. Any notice sent to you will be sent to the most
recent address Epson has in its records for you. For this reason, it is
important to notify us if your address changes by emailing us at
EAILegal@ea.epson.com or writing us at the address above. You and Epson agree
to act in good faith to resolve the Dispute before commencing arbitration in
accordance with this Section 22. To minimize the cost and inconvenience to all
parties, and to promote prompt resolution of Disputes, you and we agree that
engaging in this initial dispute resolution process is a material term of this Extension
Agreement and a requirement that must be fulfilled before commencing any
arbitration.
Consistent with Section 22.6(a), you and Epson agree that any disagreements
regarding compliance with this Section 22.2 shall be decided by a court, not an
arbitrator; pending resolution of any such disagreements by a court, which may
include requests to compel compliance with this Section 22.2, you and we agree
that arbitration (as well as any obligation to pay arbitration fees) shall be
stayed until the initial dispute resolution process in Section 22.2 is
complete. You and Epson acknowledge that either party’s failure to comply with
the provisions of this Section 22.2 would irreparably harm the other, and you
and Epson agree that a court may issue an order staying arbitration (and any
obligation to pay arbitration fees) until the initial dispute resolution
process in this Section 22.2 is complete.
22.3 Binding Arbitration.
If we do not reach an agreed upon solution within a period of sixty (60) days
from the time informal dispute resolution is pursued pursuant to Section 22.2
above, then either party may initiate binding arbitration. Except as stated
below in Section 22.4, you and Epson agree that all Disputes shall be resolved
by binding arbitration according to this Extension Agreement. ARBITRATION MEANS
THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING, AND YOUR
RIGHT TO DISCOVERY AND GROUNDS FOR APPEAL ARE MORE LIMITED THAN IN COURT.
Pursuant to this Extension Agreement, and except as stated below in Section
22.6(h), binding arbitration shall be administered by JAMS, a nationally
recognized arbitration provider, pursuant to the JAMS Streamlined Arbitration
Rules and Procedures or its applicable code of procedures then in effect for
consumer related disputes, but excluding any rules that permit class
arbitration. For more detail on the procedure to initiate arbitration and what
your demand for arbitration should include, see Sections 22.6(g) and 22.6(h)
below. You and Epson understand and agree that (a) the Federal Arbitration Act
(9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this
Section 22, (b) this Extension Agreement memorializes a transaction in
interstate commerce, and (c) this Section 22 shall survive termination of this
Extension Agreement.
22.4 Exception - Small
Claims Court. Notwithstanding the parties’ agreement to resolve Disputes
through arbitration, either party can elect to have an individual claim
resolved in small claims court of your state or municipality if the action is
within that court’s jurisdiction, even if the claim was initiated by another
party in a different forum.
22.5 WAIVER OF CLASS
ACTION AND CLASS ARBITRATION. YOU AND EPSON AGREE THAT EACH PARTY MAY BRING
DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A
CLASS action or class arbitration. If any court or arbitrator determines that
the class action waiver set forth in this paragraph is void or unenforceable
for any reason or that an arbitration can proceed on a class basis, then the
arbitration provision set forth above in Section 22.3 shall be deemed null and
void in its entirety and the parties shall be deemed to have not agreed to
arbitrate disputes.
22.6 Arbitration
Procedure.
a) The
arbitrator shall be empowered to grant whatever relief would be available in a
court under law or in equity, except for requests for public injunctive relief,
if any, which shall be decided by a court, not an arbitrator. If either party
seeks public injunctive relief, that request for relief shall be severed from
any arbitration proceeding and stayed pending a final determination of the
arbitration. Nothing in Section 22 of this Extension Agreement shall be
construed as a waiver of either party’s right to seek public injunctive relief,
and you and we agree to cooperate to effect the stay of any requests for public
injunctive relief.
The arbitrator is bound by the terms of this Extension Agreement. The
arbitrator, and not any federal, state or local court or agency, shall have
exclusive authority to resolve all disputes arising out of or relating to the
interpretation, applicability, enforceability or formation of this Extension
Agreement, including any claim that all or any part of this Extension Agreement
is void or voidable. Notwithstanding this broad delegation of authority to the
arbitrator, and consistent with Sections 22.1, 22.2, 22.6(a) and 22.6(h) of this
Extension Agreement, a court may determine: (i) the limited question of whether
a claim or cause of action is for an IP Claim, which is excluded from the
definition of “Disputes” in Section 22.1 above; (ii) disagreements regarding
compliance with the initial dispute resolution provisions in Section 22.2
above; (iii) disagreements regarding claims for public injunctive relief as set
forth in this Section 22.6(a); and/or (iv) disagreements regarding the
provisions for “Mass Arbitration” in Section 22.6(h) below.
b) Costs
of Arbitration and Legal Fees. In some instances, the costs of arbitration
can exceed the costs of litigation. Each party will have the right to use legal
counsel in connection with arbitration at its own expense. If, however, the
arbitrator determines that a claim or defense asserted by you or Epson is
patently frivolous or in bad faith, the arbitrator may award the reasonable
legal fees and costs incurred by the other party defending against the claim or
defense. By way of illustration only, and without limitation, a patently frivolous
claim may be found where it is based on a product never purchased by a
claimant.
c) Discovery.
The discovery or exchange of non-privileged information relevant to the Dispute
may be allowed during the arbitration. The right to discovery may be more
limited in arbitration than in court.
d) Awards.
The arbitrator’s award is binding and may be entered as a judgment in any court
of competent jurisdiction.
e) Hearing
Format and Location. You may choose to engage in arbitration hearings by
telephone or, if you and we both agree, to conduct it online, in lieu of
appearing live. Arbitration hearings not conducted by telephone or online shall
take place in a location reasonably accessible from your primary residence, or
in Orange County, California, at your option.
f) Settlement
Offers. During the arbitration, the amount of any settlement offer made
shall not be disclosed to the arbitrator until after the arbitrator determines
the amount, if any, to which you or Epson is entitled.
g) Initiation
of Arbitration Proceeding Before JAMS. Except as stated in Section 22.6(h)
below, if you or Epson commences arbitration, the arbitration shall be governed
by the JAMS Streamlined Arbitration Rules and Procedures or the applicable
rules of JAMS that are in effect when the arbitration is filed, excluding any
rules that permit arbitration on a class-wide basis (the “JAMS Rules”),
available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the
rules set forth in this Extension Agreement. All Disputes shall be resolved by
a single neutral arbitrator, which shall be selected in accordance with the
JAMS Streamlined Arbitration Rules and Procedures, and both parties shall have
a reasonable opportunity to participate in the selection of the arbitrator. If
either you or Epson decides to arbitrate a Dispute before JAMS, both parties
agree to the following procedure:
(i) Write
a Demand for Arbitration. The demand must include a description of the Dispute
and the amount of damages sought to be recovered. The demand also must identify
the product purchased, identify the date and place of purchase and, if
possible, provide the serial number and proof of purchase. You can find a copy
of a demand for arbitration at http://www.jamsadr.com.
(ii) Send
three copies of the demand for arbitration, plus the appropriate filing fee,
to: JAMS, 500 North State College Blvd., Suite 600 Orange, CA 92868, U.S.A.
(iii) Send
one copy of the demand for arbitration to the other party (at the same address
as the notice of a dispute, above in section 22.2), or as otherwise agreed by
the parties.
h) Initiation
of Mass Arbitration Before FedArb. Notwithstanding Sections 22.3 and
22.6(g), if 20 or more demands for arbitration are filed relating to the same
or similar subject matter and sharing common issues of law or fact, and counsel
for the parties submitting the demands are the same or coordinated, you and we
agree that this will constitute a “Mass Arbitration.”
If a Mass Arbitration is commenced, you and we agree that it shall not be
governed by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration
shall be administered by FedArb, a nationally recognized arbitration provider,
and governed by the FedArb Rules in effect when the Mass Arbitration is filed,
excluding any rules that permit arbitration on a class-wide basis (the “FedArb
Rules”), and under the rules set forth in this Extension Agreement. The FedArb
Rules are available at https://www.fedarb.com/ or by calling 1-650-328-9500.
You and we agree that the Mass Arbitration shall be resolved using FedArb’s
Framework for Mass Arbitration Proceedings ADR-MDL, available at
https://www.fedarb.com/.
Before any Mass Arbitration is filed with FedArb, you and we agree to contact
FedArb jointly to advise that the parties intend to use FedArb’s Framework for
Mass Arbitration Proceedings ADR-MDL. The individual demands comprising the
Mass Arbitration shall be submitted on FedArb’s claim form(s) and as directed
by FedArb.
Consistent with Section 22.6(a) above, you and Epson agree that if either party
fails or refuses to commence the Mass Arbitration before FedArb, you or Epson
may seek an order from a court of competent jurisdiction compelling compliance
with this Section 22.6(h) and compelling administration of the Mass Arbitration
before FedArb. Pending resolution of any such requests to a court, you and we
agree that all arbitrations comprising the Mass Arbitration (and any obligation
to pay arbitration fees) shall be stayed. You and Epson acknowledge that either
party’s failure to comply with the provisions of this Section 22.6(h) would
irreparably harm the other, and you and Epson agree that a court may issue an
order staying the arbitrations (and any obligation to pay arbitration fees)
until any disagreements over the provisions of this Section 22.6(h) are
resolved by the court.
22.7 30 Day Opt-out Right.
You may elect to opt-out (exclude yourself) from the final, binding, individual
arbitration procedure and waiver of class proceedings set forth in Sections
22.3 to 22.6 of this Extension Agreement by sending a written letter to the
Epson address listed above in Section 22.2 within thirty (30) days of your
assent to this Extension Agreement that specifies (i) your name, (ii) your
mailing address, and (iii) your request to be excluded from the final, binding
individual arbitration procedure and waiver of class proceedings specified in
this Section 22. In the event that you opt-out consistent with the procedure
set forth above, all other terms set forth in the Extension Agreement,
including this Section 22, shall continue to apply, including the requirement
to provide notice prior to litigation. If you opt-out of these arbitration
provisions, Epson will also not be bound by them.
22.8 Amendments to Section
22. Notwithstanding any provision in this Extension Agreement to the
contrary, you and Epson agree that if Epson makes any future amendments to the
dispute resolution procedure and class action waiver provisions (other than a
change to Epson’s address) in this Extension Agreement, Epson will obtain your
affirmative assent to the applicable amendment. If you do not affirmatively
assent to the applicable amendment, you are agreeing that you will arbitrate
any Dispute between the parties in accordance with the language of this Section
22 (or resolve disputes as provided for in Section 22, if you timely elected to
opt-out) when you first assented to this Extension Agreement.
22.9 Severability. If
any provision in this Section 22 is found to be unenforceable, that provision
shall be severed with the remainder of this Extension Agreement remaining in
full force and effect. The foregoing shall not apply to the prohibition against
class actions as provided in Section 22.5. This means that if Section 22.5 is
found to be unenforceable, the entire Section 22 (but only Section 22) shall be
null and void.
23. For New Jersey Residents. NOTWITHSTANDING
ANY TERMS SET FORTH IN THIS EXTENSION AGREEMENT, IF ANY OF THE PROVISIONS SET
FORTH IN SECTIONS 6 OR 7 ARE HELD UNENFORCEABLE, VOID OR INAPPLICABLE UNDER NEW
JERSEY LAW, THEN ANY SUCH PROVISION SHALL NOT APPLY TO YOU BUT THE REST OF THE
AGREEMENT SHALL REMAIN BINDING ON YOU AND EPSON. NOTWITHSTANDING ANY PROVISION
IN THIS EXTENSION AGREEMENT, NOTHING IN THIS EXTENSION AGREEMENT IS INTENDED
TO, NOR SHALL IT BE DEEMED OR CONSTRUED TO, LIMIT ANY RIGHTS AVAILABLE TO YOU
UNDER THE TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT.
24. Other
Governing Law and General Matters
(IF YOU ARE
LOCATED IN JAPAN, THE FOLLOWING SECTION APPLIES TO YOU)
24.1 Governing Law
and Jurisdiction. This Extension Agreement shall be governed by and
construed in accordance with the laws of Japan, without giving effect to its
conflicts of laws provisions. In case of any dispute regarding the Extension
between you and Epson, the Tokyo District Court shall be the agreed court with
exclusive jurisdiction. The application of the United Nations Convention of
Contracts for the International Sale of Goods is expressly excluded in all
cases.
(IF YOU ARE LOCATED
IN EUROPE, MIDDLE EAST and AFRICA, THE FOLLOWING SECTION APPLIES TO YOU)
24.2 Governing Law
and Jurisdiction. This section shall apply to all disputes between you and
Epson. Any dispute between you and Epson, whether in contract or in tort, shall
be heard and determined by the courts of Amsterdam in the Netherlands, unless
we give notice to you requiring it to be heard and determined in a country in
which you have you Residence. You irrevocably consent to the registration and
enforcement in and by the courts of any other country of any judgement obtained
against you in the Courts of Amsterdam in the Netherlands, or such other
permitted country, and undertake not to challenge or obstruct any such
registration or enforcement proceedings.
(IF YOU ARE LOCATED IN EUROPE, THE FOLLOWING SECTION APPLIES TO YOU)
24.3 EU Data Act Agreement with Users. EU Data Act Agreement
with Users. Where the User qualifies as a “user” within the meaning of
Regulation (EU) 2023/2854 (the “EU Data Act”) and the EU Data Act is
applicable, the terms and conditions governing access to and use of data under
the EU Data Act (the “EU Data Act Agreement with Users”) are incorporated
herein by reference. The EU Data Act Agreement with Users is made available via
the following URL: Country
Selector | Epson Europe which directs the User to a landing page allowing
selection of the relevant country and language. After selecting the applicable
country and language, the User may access the EU Data Act Agreement with Users
by navigating to the “EU Data Act Compliance” section available in the footer
of the relevant webpage. The User is required to open and review the EU Data
Act Agreement with Users by entering into this Extension Agreement and/or
accessing or using the relevant products or services, the User acknowledges and
agrees that the EU Data Act Agreement with Users forms an integral and binding
part of this Extension Agreement, and in the event of any conflict, the EU Data
Act Agreement with Users shall prevail to the extent necessary to ensure
compliance with the EU Data Act.
(IF YOU ARE LOCATED IN SOUTHEAST ASIA, THE FOLLOWING SECTION APPLIES
TO YOU)
24.4 Governing Law and Jurisdiction. This Extension Agreement
shall be governed by and construed in accordance with the laws of the country
in which you have Residence. This section shall apply to all disputes between
you and Epson. Any dispute, controversy or claim arising out of or relating to this
Extension Agreement, or the breach, termination or invalidity thereof shall be
settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at
present in force and to be administered by the Singapore International
Arbitration Centre. The number of arbitrators shall be one (1), and such
arbitrator shall be appointed by Epson. The place and seat of arbitration shall
be the country in which you have Residence, unless otherwise determined by
Epson. You agree that the decision of the arbitrator shall be final and
binding, and you undertake not to challenge or obstruct any such registration
or enforcement proceedings. The language used in the arbitration proceedings
shall be English.
(IF YOU ARE LOCATED IN CHINA, THE FOLLOWING SECTION APPLIES TO YOU)
24.5 Governing
Law and Jurisdiction. This
Extension Agreement shall be governed by and construed in accordance with the
laws of the People's Republic of China. All disputes arising from or in
connection with this Extension Agreement shall be resolved through friendly
consultation. If such disputes cannot be resolved through such consultation,
such disputes shall be submitted to Beijing Arbitration Commission for
arbitration in accordance with its rules of arbitration in effect at the time
of applying for arbitration. The seat of arbitration shall be Beijing. The
arbitral award is final and binding upon both parties.
PRIVACY STATEMENT FOR
DATA COLLECTION: USAGE SURVEY: | EPSON RC+ | FOR CUSTOMERS OUTSIDE THE AMERICAS
AND CHINA
Version
of June/2026 (application includes Europe, Middle East and UK)
For
Personal Data held in Epson’s CRM (Customer Relationship
Management) records in
Europe, Middle East and Africa, “the Privacy Statement |
Epson Rc+ | For Customers In Europe, Middle East And Africa” attached hereto
will apply.
Introduction
This Privacy Statement
(hereinafter referred to as "this Statement") provides information
about the privacy and data usage practices of Seiko Epson Corporation and its
subsidiaries and affiliates (hereinafter referred to as "Epson," "we,"
or "us") concerning the Epson RC+ application (hereinafter referred
to as "this Application") and other application products or
application features that reference, link to, or include this Statement
(collectively referred to as "Services"). This Statement is for
customers outside the United States and does not apply to other Epson websites,
applications, or services. Please read this Statement carefully.
Information Collected
Through the Application and Feature Availability Based on User Consent
We collect information
and measure usage trends of this application and services only if the user
consents to participate in the usage survey of this application (hereinafter
referred to as the “Usage Survey”). Furthermore, for the following features, the
collected information may be used to enhance their functionality.
l System
History
The function that displays RC+ operation logs and configuration logs in the
System History is available only while the user consents to the Usage Survey.
Even if the user does not consent to the Usage Survey, all other functions of
the System History remain available. The user may change their consent to the
Usage Survey at any time through the Application.
We use Google
Analytics, provided by Google LLC, for this information collection. This Usage
Survey does not collect personally identifiable information.
Lite Edition and Basic
Edition
In the Lite Edition,
an upgrade to the Basic Edition is available only during the period in which
the user has consented to the Usage Survey. Even if the user does not consent
to the Usage Survey, the Lite Edition remains available. Additionally, the
Basic Edition can be used by purchasing a separate license.
The user may change
their consent to the Usage Survey at any time through the application.
Standard Edition
From the Basic
Edition, the Standard Edition License is available under the following method:
Method 1: By
consenting to the Usage Survey, the user may use the Standard Edition during
the period of consent and until 31 March 2027.
As an
exception, if the user activates a Basic Edition license between 1 March 2026
and 31 March 2026 and consents to the Usage Survey, the user may use the
Standard Edition for one year and one month from the date of License
Activation, and only while the user continues to consent to the Usage Survey.
After this
period, the user will have the option to:
i)
Purchase
the Standard Edition license; or
ii)
Return
to the Basic Edition.
*If the user purchases
a Standard Edition license and activates it while Method 1 is in effect, the
remaining duration will be added to the validity period of the purchased
Standard Edition license, provided that the user continues to consent to the
Usage Survey.
*Free licenses
provided are subject to the applicable terms of use, and the Company reserves
the right to revoke access upon notice.
Information Collected
in The Usage Survey
System Information:
• OS,
processor, memory capacity, locale settings, network interface information, GPU
information
RC+ Operation,
Settings, and Usage Information:
•
Participation
consent and related information for the usage survey
•
RC+
version, RC+ startup and shutdown, RC+ error occurrence information
•
Processing
time of various RC+ operations, operations of each screen element (e.g.,
clicks, menu selections)
•
RC+
license and its authentication information
•
Command
execution information in the command window, RC+ API, LabView call information
•
PC
and controller connection settings, system settings
•
Development
environment settings, language settings, window layout settings, license
settings
•
Simulator,
Operator mode, Security settings (e.g., number of users per group, operation
permissions assigned to each group)
Project Settings and
Usage Information:
• Projects,
programs, IO labels, user-defined errors, point files, macros, build simulators,
Diagnostics
Options and their
related Settings and Usage Information:
• Vision
Guide, Force Guide, Conveyor Tracking, GUI Builder, Part Feeding, RC+API, OPC
UA, Library Builder, RC+Extensions
Controller Settings
and Usage Information:
•
Controller
model, firmware version
•
Controller
settings, robot setting, robot parameters (e.g., tool, local), controller
option usage status
•
Safety
function, Operational Information (e.g.,
cumulative operating time)
•
Statistical
information on system history (e.g., error occurrences and frequencies)
Considerations for
Personal and Technical Information in This Usage Survey:
In this Usage Survey,
we do not collect the following information that could lead to the user's
personal or technical information. Instead, we collect it in a pseudonymized or
statistical form:
• Details of
processes such as programs, vision sequences, and force sequences created by
the user
• Names of
files, functions, labels, comments, and other user-defined strings set by the
user
• GUI screens
and image data created by the user, CAD data
• Identifiers
for identifying the customer, their operating environment, and hardware (serial
number, hardware ID)
Purpose of Information
Use
Epson uses the above
information to understand how users interact with their devices and this
Application, continuously improve services, diagnose and fix technical issues,
and develop and evaluate new features. Aggregated information may be shared
within Epson's affiliated companies. For a list of Epson's affiliated
companies, please visit: (https://global.epson.com/company/global_network/). For
information on how Google LLC uses the above information, please visit: (https://policies.google.com/technologies/partner-sites).
Information Storage
Method
Usage Survey data is
stored and processed by Google LCC, and Epson uses and analyzes this data. This
information may be stored and processed in Japan.
International
Transfers
Seiko Epson is based
in Japan and has operations worldwide. As a result, your information may be
transferred, processed, and stored in Japan. Your use of the Services or
provision of any information to Epson constitutes your consent to the cross-border
transfer of your information. Furthermore, if the laws of your location
restrict the cross-border transfer on certain categories of important data or
personal information, please ensure you do not provide such information to us
through this software.
Contact Information
If you have any
questions about this Statement, our practices, or your dealings with the
Services, please contact the sales company listed in the privacy and
information processing link of the EULA (End User License Agreement).
PRIVACY STATEMENT FOR DATA COLLECTION: USAGE SURVEY: | EPSON RC+ |
FOR CUSTOMERS IN CHINA
Version
of June/2026
Introduction
This Privacy Statement
(hereinafter referred to as "this Statement") provides information
about the privacy and data usage practices of Seiko Epson Corporation and its
subsidiaries and affiliates (hereinafter referred to as "Epson," "we,"
or "us") concerning the Epson RC+ application (hereinafter referred
to as "this Application") and other application products or
application features that reference, link to, or include this Statement
(collectively referred to as "Services"). This Statement is for
customers outside the United States and does not apply to other Epson websites,
applications, or services. Please read this Statement carefully.
Information Collected
Through the Application and Feature Availability Based on User Consent
We collect information
and measure usage trends of this application and services only if the user
consents to participate in the usage survey of this application (hereinafter
referred to as the “Usage Survey”). Furthermore, for the following features,
the collected information may be used to enhance their functionality.
l System
History
The function that displays RC+ operation logs and configuration logs in the
System History is available only while the user consents to the Usage Survey.
Even if the user does not consent to the Usage Survey, all other functions of
the System History remain available. The user may change their consent to the
Usage Survey at any time through the Application.
We use Google
Analytics, provided by Google LLC, for this information collection. This Usage
Survey does not collect personally identifiable information.
Lite Edition and Basic
Edition
In the Lite Edition,
an upgrade to the Basic Edition is available only during the period in which
the user has consented to the Usage Survey. Even if the user does not consent
to the Usage Survey, the Lite Edition remains available. Additionally, the Basic
Edition can be used by purchasing a separate license.
The user may change
their consent to the Usage Survey at any time through the application.
Standard Edition
From the Basic
Edition, the Standard Edition License is available under the following method:
Method 1: By
consenting to the Usage Survey, the user may use the Standard Edition during
the period of consent and until 31 March 2027.
As an
exception, if the user activates a Basic Edition license between 1 March 2026
and 31 March 2026 and consents to the Usage Survey, the user may use the
Standard Edition for one year and one month from the date of License
Activation, and only while the user continues to consent to the Usage Survey.
After this
period, the user will have the option to:
i)
Purchase
the Standard Edition license; or
ii)
Return
to the Basic Edition.
*If the user purchases
a Standard Edition license and activates it while Method 1 is in effect, the
remaining duration will be added to the validity period of the purchased
Standard Edition license, provided that the user continues to consent to the
Usage Survey.
*Free licenses
provided are subject to the applicable terms of use, and the Company reserves
the right to revoke access upon notice.
Information Collected
in The Usage Survey
System Information:
• OS,
processor, memory capacity, locale settings, network interface information, GPU
information
RC+ Operation,
Settings, and Usage Information:
•
Participation
consent and related information for the usage survey
•
RC+
version, RC+ startup and shutdown, RC+ error occurrence information
•
Processing
time of various RC+ operations, operations of each screen element (e.g.,
clicks, menu selections)
•
RC+
license and its authentication information
•
Command
execution information in the command window, RC+ API, LabView call information
•
PC
and controller connection settings, system settings
•
Development
environment settings, language settings, window layout settings, license
settings
•
Simulator,
Operator mode, Security settings (e.g., number of users per group, operation
permissions assigned to each group)
Project Settings and
Usage Information:
• Projects,
programs, IO labels, user-defined errors, point files, macros, build simulators,
Diagnostics
Options and their
related Settings and Usage Information:
• Vision
Guide, Force Guide, Conveyor Tracking, GUI Builder, Part Feeding, RC+API, OPC
UA, Library Builder, RC+Extensions
Controller Settings
and Usage Information:
•
Controller
model, firmware version
•
Controller
settings, robot setting, robot parameters (e.g., tool, local), controller
option usage status
•
Safety
function, Operational Information (e.g.,
cumulative operating time)
•
Statistical
information on system history (e.g., error occurrences and frequencies)
Considerations for
Personal and Technical Information in This Usage Survey:
In this Usage Survey,
we do not collect the following information that could lead to the user's
personal or technical information. Instead, we collect it in a pseudonymized or
statistical form:
• Details of
processes such as programs, vision sequences, and force sequences created by
the user
• Names of
files, functions, labels, comments, and other user-defined strings set by the
user
• GUI screens
and image data created by the user, CAD data
• Identifiers
for identifying the customer, their operating environment, and hardware (serial
number, hardware ID)
Purpose of Information
Use
Epson uses the above
information to understand how users interact with their devices and this
Application, continuously improve services, diagnose and fix technical issues,
and develop and evaluate new features. Aggregated information may be shared
within Epson's affiliated companies. For a list of Epson's affiliated
companies, please visit: (https://global.epson.com/company/global_network/). For
information on how Google LLC uses the above information, please visit: (https://policies.google.com/technologies/partner-sites).
Information Storage
Method
Usage Survey data is
stored and processed by Google LCC, and Epson uses and analyzes this data. This
information may be stored and processed in Japan.
International
Transfers
Seiko Epson is based
in Japan and has operations worldwide. As a result, your information may be
transferred, processed, and stored in Japan. Your use of the Services or
provision of any information to Epson constitutes your consent to the
cross-border transfer of your information. Furthermore, if the laws of your
location restrict the cross-border transfer on certain categories of important
data or personal information, please ensure you do not provide such information
to us through this software.
Contact Information
If you have any
questions about this Statement, our practices, or your dealings with the
Services, please contact Epson (China) Co.,Ltd
Email: privacy@ecc.epson.com.cn
PRIVACY STATEMENT |
EPSON RC+ | FOR CUSTOMERS IN THE AMERICAS
Version
of August/2025
Introduction
This
Privacy Statement (hereinafter referred to as "this Privacy
Statement" or “Statement”)) provides information about the privacy and
data usage practices of Seiko Epson Corporation and its subsidiaries and
affiliates (hereinafter referred to as "Epson," "we," or
"us") concerning the Epson RC device (“Epson Device(s)”) and
respective software application ("the Application") and other
application products or application features that reference, link to, or
include this Statement (all of the aforementioned are collectively referred to
as "Services"). This Statement does not apply to other Epson
websites, applications, or services.
Please
read this Privacy Statement carefully, it contains important information about
the personal information Epson processes, how Epson processes it, and for what
purposes.
This
Privacy Statement is intended to apply to the collection and processing of
personal information from customers and individuals residing or based in the
United States only. If you have questions or concerns regarding this Statement
or wish to exercise your rights and choices as provided herein, contact Epson's
Privacy Coordinator by sending an email to: epson.privacy@ea.epson.com. You can
also fill out our online
privacy feedback form available on our website, or send a letter
to:
Epson
America, Inc.,
Attn: Privacy Coordinator,
3131 Katella Avenue,
Los Alamitos, CA 90720.
1.
How We Collect Information
Epson
collects information you provide directly to Epson via your interactions with
us and your use of our Services. For example, Epson collects information when
you create an account with us, subscribe to Epson’s communications, use our
software products, or engage with Epson’s representatives for customer support
and other purposes. The information Epson collects may include Personal
Information. "Personal Information" is information that
identifies, relates to or may be linked to an individual, such as first and
last name, email address, IP address and other information.
Some
information is collected automatically through your use and interactions with
the Services, such as device information, log information, and usage
information. Please note that certain information collection will be used to
find, understand, fix issues, and improve performance of the Services. Below we
indicate the different categories of information we collect.
i.
Contact
Information: includes information such as your first and last name, email
address, postal address, phone number and other similar contact information.
ii.
Account
Information: includes information you provide when you create an account with
us, such as an Epson Global ID, and may include your IP address, passwords,
security information used for authentication and access to the Application,
your preferred language for use of the Application, and your time zone.
iii.
Payment
Information: includes information about your payment methods and billing
address.
iv.
User
Information: includes information about the Services users and who will
register under your account, including their contact information, such as name
and email.
Epson
may use aggregated or anonymized information derived from your use of the
Services, such as, without limitation, device performance and settings
information, internet provider, carrier, operating system; hardware
information; localization information; date and time spent on the Services,
metrics and statistics, and other similar information for its legitimate
business purposes, including to improve its Services. Epson also collects
information from you when you participate in Usage Surveys. Aggregated or
anonymized information does not qualify as personal information, and will be
used within Epson, so we can conduct analytics and research, diagnose and fix
technical issues, and improve our products and services. Epson
uses Google Analytics to collect information about your use of the Services.
Information collected via Google Analytics does not identify you. Please see
Section 4 below for more information. If we combine aggregated or anonymized
information with personal information, we will treat the combined information
as personal information pursuant to this Statement. Aggregated
or anonymized information may be shared with Epson's affiliated companies. For
a list of Epson's affiliated companies, please visit: (https://global.epson.com/company/global_network/).
Information Collected From Third Parties.
Epson
may also obtain information from third parties, and Epson will protect such
information as described in this Privacy Statement and pursuant to any
additional restrictions imposed by the source of the information. These
third-party sources vary over time and may include (i) Epson partners, with
which we offer Epson products, services, or engage in co-marketing activities;
(ii) Data brokers from which we purchase demographic data to supplement the
data we collect; (iii) Third-party services that make user-generated content
from their service available to others, such as local business reviews or
public social media posts; (iv) Communication services, including email
providers and social networks, when you give us permission to access your
information on such third-party services or networks; (v) Service providers
that help us determine your device’s location; (vi) Partners with which we
offer co-branded services or engage in joint marketing activities; (vii) Publicly-available
sources, such as social media, open public sector, academic, and commercial
information sets and other data sources.
To
the extent Epson combines such third-party sourced information with personal
information collected directly from you, Epson will treat the combined
information as personal information under this Privacy Statement. Epson is not
responsible for the accuracy of the information provided by third parties or
third-party practices. Epson uses this information for its legitimate business
purposes, which may include providing and improving Epson products and
services, as well as offering you other products, services and features you may
be interested in. You can unsubscribe from Epson’s marketing communications at
any time.
2.
How We Use Information
Epson
uses the information it collects to provide the Services to you, which includes
updating, securing, troubleshooting, as well as providing support. We also use
information for other legitimate business purposes, including operating our
business, analyzing Services performance, and doing research. Below we provide
further details about how and why we use the information we collect.
- Manage your account
when you create an account with Epson;
- Conduct
ordinary business operations related to the Services and your use of the
Services;
- Provide
customer service and support for the Services;
- Transact and communicate with you, respond to your comments,
questions and requests, send you informational notices, and contact you if
we need to obtain or provide additional information from you;
- Facilitate, manage, personalize and improve the Services;
- Conduct research and analysis, including focus groups and
surveys for product development and improvement;
- Engage in marketing
activities, including sending direct marketing to customers, such as
advertisements and communications about the Services, offers, promotions,
rewards, events, and other Epson products and services. You may opt-out
from receiving marketing communications at any time.
- Prevent and address fraud, breach
of policies or terms and threats or harm.
- Maintain
and protect the safety, integrity, and security of the Services; and
- Meet
our legal obligations and comply with the law.
3.
How We Share Information
Epson’s
agents, vendors, consultants, and other service providers
(collectively "Service Providers") may receive limited access to
your information in connection with their work on our behalf. These Service
Providers are contractually prohibited from using Personal Information for any
purpose other than providing such work. Epson may share information about you
and your use of the Services with Epson’s +affiliated companies located in
different countries. Epson may also share information with its channel partners,
resellers, and distributors for legitimate business purposes. When we share
your information, we require the recipient to abide by our data privacy and
security requirements, and we contractually prohibit the use of Personal
Information for any purpose other than as indicated in this Privacy Statement.
Epson may also share information about you as follows:
- To comply with the law, law
enforcement or other legal process, and except as prohibited by applicable
law, in response to a government request;
- To protect the rights, property,
life, health, security and safety of Epson, the Services or any third
party; and
- In connection with, or during
negotiations of, any proposed or actual merger, purchase, sale or any
other type of acquisition or business combination of all or any portion of
Epson’s assets, or transfer of all or a portion of Epson’s business to
another company.
4.
Use of Cookies
Epson
uses cookies, pixels, web beacons, and other similar technologies
(collectively, “Cookies”) when you visit our website (“Site”), and use any of
the services provided through our Site. We also engage certain providers (such
as advertising networks, analytics providers and social media platforms and
networks) to use Cookies. Under the various Privacy Laws, consumers have the
right to opt-out of processing of personal information for "targeted
advertising” and activities that are classified as a “sale” and/or “sharing,”
which may include data collection by Cookies. Epson allows you to enable or
disable Cookies. For example, you can use controls in your internet browser to
limit the use of Cookies, you can change our default settings by using the
toggles we provide, and you can withdraw your consent by clearing or blocking
Cookies. Please note, some features of our websites may not be available to you
as a result. For Google Analytics, at your end, you may exercise an opt out
going to tools.google.com/dlpage/gaoptout or
downloading the Google Analytics Opt-out Browser Add-on. You may adjust your
Google advertising settings by visiting adssettings.google.com. You can
also enable Global Privacy Control on your browser.
5.
For How Long We Retain Information
Epson
retains personal information, including information about your use of the
Services, for as long as necessary to provide the Services to you, to provide
support for the Services, meet its legitimate business purposes, comply with
legal obligations, resolve disputes, and enforce our agreements, as allowed by
applicable laws. When personal information is no longer required to meet our
legitimate business purposes, we will destroy or delete the information.
6.
Additional Disclosure for California Residents and Other U.S. State Residents
These
additional disclosures apply only to individuals who reside in U.S. states that
have passed comprehensive privacy laws, including California. California law
requires us to disclose information with respect to our privacy practices. If
you are a California resident, this section applies to you in addition to the
other provisions of this Privacy Statement. The California Consumer Privacy Act
of 2018 ("CCPA") provides California consumers the right to know,
correct, delete, and opt out of the sale and sharing of their personal
information, and requires businesses collecting or disclosing personal
information to provide notices and means to exercise rights. Epson will process
your information in accordance with the applicable privacy law.
A. Notice of Collection
In
the past 12 months, we have collected directly or indirectly the following
categories of personal information enumerated in the CCPA:
- Identifiers,
including name, email address, account name, IP address, and an ID or
number assigned to customer accounts.
- Customer records,
including name, email address.
- Internet activity,
including interactions with our Service.
- Device
Information, including device serial number and configuration
information
- Device and Usage
Data,
data about the type of device or browser used, operating software, your
device’s regional and language settings, and device identifiers such as IP
address.
For
more information on information we collect, including the sources we receive
information from, please review Section 1 above. We use these categories of
personal information for the business purposes described in Section 2 above,
including to provide and manage the Services. We use and partner with different
types of entities to assist with our daily operations and management of the
Service and therefore share information with them. Please review Section 3
above for more details about the parties we have shared information with. In
Section 5 above, we explain our information retention practice.
B. Your Privacy Rights
If
you are a California resident, you have the right to correct, delete the
personal information we have collected from you and the right to know certain
information about our data practices in the preceding 12 months. You also have
non-discrimination right for exercising your privacy rights. You have the right
to request the following from us:
- The categories of personal
information we have collected about you;
- The categories of sources from
which personal information was collected;
- The categories of personal
information about you we disclosed for a business purpose or sold;
- The categories of third parties to
whom the personal information was disclosed for a business purpose or
sold;
- The business or commercial purpose
for collecting or selling personal information; and
- The specific pieces of personal
information we have collected about you.
Privacy laws also allow you to request
the transfer of your personal information to another party in a digital form.
Where you have provided your consent to our information processing, you have
the right to withdraw it at any time. To exercise any of these rights, please
submit a request through our online form available at https://dsar.goepson.com or
call our U.S. toll free number at 1-800-822-0313. In the request, please
specify which right you are seeking to exercise. We will confirm receipt of
your request within the timelines set by law. For requests to know, correct, or
delete, we may require specific information from you to help us verify your
identity and process your request. If we are unable to verify your identity, we
may deny your requests to know, correct, or delete.
C. Authorized Agent
You
can designate an authorized agent to submit requests on your behalf. As
authorized by the CCPA, we may require written proof of the agent’s permission
to do so.
D. Shine the Light
Customers
who are residents of California may request (i) a list of the categories of
personal information disclosed by us to third parties during the immediately
preceding calendar year for those third parties’ own direct marketing purposes;
and (ii) a list of the categories of third parties to whom we disclosed such
information. To exercise a request, please write us at the email or postal
address set out in “Contact Us” above and specify that you are making a
“California Shine the Light Request.” We may require additional information
from you to allow us to verify your identity and are only required to respond
to requests once during any calendar year.
Nevada
consumers may submit requests directing businesses not to sell certain kinds of
personal information that the business has collected or will collect about the
consumer. A sale under Nevada law is the exchange of personal information for
monetary consideration by the business to a third party for the third party to
license or sell the personal information to other third parties. If you are a
Nevada consumer and wish to obtain information about our compliance with Nevada
law, please contact us at privacy.contact@ea.epson.com .
7.
Children’s Privacy
The
Services are not intended for nor targeted toward children under the age of
thirteen (13). Epson does not knowingly collect personal information as defined
by the U.S. Children’s Privacy Protection Act ("COPPA") from children
under the age of thirteen (13), and if Epson learns that it has collected such
information, Epson will delete the information in accordance with COPPA. If you
are a child under the age of thirteen (13), you are not permitted to use the
Services and should not send any information about yourself to Epson. If you
are a parent or guardian and believe Epson has collected information in a
manner not permitted by COPPA, please contact Epson using the information
provided above.
8.
Data Security
Epson
takes reasonable measures to help protect information about you from loss,
theft, misuse and unauthorized access, disclosure, alteration and destruction.
Nevertheless, please be aware that information transmission via the Internet is
not completely secure, and when connected to the Internet, we cannot fully
guarantee the security of your information we have collected about you.
9.
International Transfers
Seiko
Epson is based in Japan and has operations worldwide. Seiko Epson has
affiliates based in the United States, and other countries. As a result, your
information may be transferred, processed, and stored in the United States,
Japan, and other countries we operate and will receive the legal protections
granted by the applicable laws. If you are accessing the Service from outside
of the U.S., please be aware that information collected through the Service may
be transferred to, processed, stored and used in the United States. Your use of
the Services or provision of any information to Epson constitutes your consent
to the transfer to and from, processing, usage, sharing and storage of your
information, including Personal Information, in the United States and/or Japan.
10.
Changes to this Privacy Statement
Epson
reserves the right to revise and reissue this Privacy Statement at any time.
Any changes will be effective immediately upon posting the revised Privacy
Statement on our website. You agree to review any updated Privacy Statement,
Subject to applicable law, your continued use of the Services indicates your
consent to the updated Privacy Statement. If the changes are material, Epson
may provide you with additional notice, to your e-mail address.
11.
How to Contact Epson
For
any requests relating to your Personal Information, or if you have any
questions about this Privacy Statement, you can send an email to: epson.privacy@ea.epson.com. You can
also contact Epson by mail. Our address is: 3131 Katella Ave, Los Alamitos, CA
90720
CALIFORNIA
RESIDENTS: To submit a request to exercise your Consumer privacy rights, or to
submit a request as an authorized agent, use our Consumer
Rights Request Portal, or call us at 1-800-822-0313, and respond
to any follow-up inquiries we make. Please be aware that we do not accept or
process requests through other means (e.g., via fax, chats, social media etc.).
OREGON
RESIDENTS: Epson is currently registered in the state of Oregon as Epson
America, Inc.
Applicable
Countries
This Privacy Statement applies to the following countries.
North
America
Canada
United
States
Mexico
Central
America
Belize
Costa
Rica
El
Salvador
Guatemala
Honduras
Nicaragua
Panama
South
America
Argentina
Bolivia
Brazil
Chile
Colombia
Ecuador
Guyana
Paraguay
Peru
Suriname
Uruguay
Venezuela
Caribbean
Countries (Geographically part of North America)
Antigua
and Barbuda
Bahamas
Barbados
Cuba
Dominica
Dominican
Republic
Grenada
Haiti
Jamaica
Saint
Kitts and Nevis
Saint
Lucia
Saint
Vincent and the Grenadines
Trinidad
and Tobago
Puerto
Rico
・PRIVACY STATEMENT | EPSON RC+ | FOR CUSTOMERS IN EUROPE, MIDDLE EAST
AND AFRICA
Privacy Information Statement
Personal Data
held in Epson’s CRM (Customer
Relationship Management) records
Edition 2.0 01/04/2024
Epson cares about your privacy and by this statement gives
information about your personal data, held in Epson’s CRM records and
associated systems.
What personal data Epson collects and holds
Most information in Epson’s CRM records relates to organisations
with whom Epson companies do (or seek to do) business. However, Epson
also holds (and will hold in the future) some information about you as an
individual associated with such an organisation.
·
Basic contact information such as
your name, e-mail address, telephone number or extension, and job role within
your company. This may have been provided by you (or by your
organisation) or an Epson partner or obtained from publicly available records
such as websites or trade directories.
·
Any additional information
you have told Epson companies or staff about yourself.
·
Information added by Epson staff
concerning contacts made with you and about the extent of your interest in
Epson products.
The Controller
Epson Europe B.V. is the controller of your personal data.
Epson
Europe B.V.
Azië
Building, Atlas Arena
Hoogoorddreef 5
1101BA Amsterdam Zuid
The Netherlands.
The purpose for processing personal data about
you
(‘Processing’ means anything Epson does with
the information about you including gathering it, holding it, using it and
disclosing it.)
The
only purpose for which Epson will process your personal data is enabling
contact (by Epson and its subsidiary companies) with your organisation.
The
legal basis for this is that it is necessary for the legitimate interests of
Epson or companies within the Epson group in
making and maintaining contact with your organisation.
If you choose to give information beyond that which Epson requires
you to provide, the basis for processing that information is your consent, as
demonstrated by your voluntarily providing it. You have the right to
withdraw that consent at any time. You can do this by writing to Epson at
the address shown above or following instructions in the paragraph ‘’Contacting
Epson to exercise your rights’’.
If,
in the future, Epson wishes to process your data for some other purpose it will
first provide you with information about that other purpose.
If you are an existing customer: Epson
may also use your personal data for the purpose of electronic marketing
communications to your organisation, (normally by e-mail to you). which may
include:
·
conducting surveys and asking your organisation’s
opinion on our products and services
·
notifying your organisation of products or
offers that may be of interest to it
·
notifying your organisation of promotions such
as free gifts, contests and prize draws.
·
marketing analysis and customer profiling
·
invitations to events
You
can opt out of this additional purpose (independently of your right to object
to Epson processing data for the general purposes described above) at any time
by writing to Epson at the address shown above, or following instructions in
the paragraph ‘’Contacting Epson to exercise your
rights’’.
If you are not an existing customer:
Epson is unable to use your personal data for the purpose of sending electronic
marketing communications to the organisation you represent, without your
specific consent.
How long Epson will hold my data for sales
activities
Epson
will hold your personal data while your organisation is recorded in Epson’s
records. When this ceases to be the case your information will only be
kept as an archive record.
Personal
data may be held for longer periods where extended retention periods are
required by law or regulation and in order to establish, exercise or defend
Epson’s legal rights.
What personal information Epson shares with
third parties and transfers outside the EEA
Epson uses third parties to perform some processing activities on
its behalf. Some or all of your personal data may be disclosed to them, but
they are only permitted to use the disclosed data for the purposes for which
Epson holds your data and in accordance with Epson’s directions.
Some of our external third parties are based outside the EEA so
their processing of your personal data will involve a transfer of data outside
the EEA.
Epson shares your personal data within Epson’s companies. This involves
transferring your personal data outside the European Economic Area (EEA).
If you are located in a country outside the EEA, your personal
data will be also transferred to that country.
Whenever Epson transfers your personal data outside the EEA, Epson
ensures that a similar degree of protection is afforded to it by the
implementation of at least one of the following safeguards:
Epson will only transfer your personal data to countries that have
been deemed to provide an adequate level of protection for personal data by the
European Commission.
When Epson shares your personal data within Epson’s companies or
uses certain third parties, Epson uses the Model contracts for the transfer of
personal data to third countries approved by the European Commission, which
give personal data the same protection it has in Europe.
Please contact us if you want further information on the specific
mechanism used by us when transferring your personal data outside the EEA.
Data Security
Epson has security measures in place to protect your information
and prevent your personal data from being accidentally lost, used or accessed
in an unauthorised way, altered or disclosed. In addition, Epson gives access
to your personal data to those employees, agents, contractors and other third
parties based on “need to know” principle. They will only process your personal
data on our instructions, and they are subject to a duty of confidentiality.
Epson has procedures in place to deal with any suspected personal
data breach and will notify you and any applicable authority of a breach where
we are legally required to do so.
Contacting the Epson Data Protection Officer
The controller of the information and its European Data Protection
Officer may be contacted by writing to:
The EDPO
Epson Europe B.V.
Azië Building, Atlas Arena
Hoogoorddreef 5
1101BA Amsterdam Zuid
The Netherlands.
or, using E-mail: edpo@epson.eu
Contacting Epson to exercise your rights
As a “data subject” you have statutory rights to request from Epson
access to and rectification or erasure of personal data or restriction of
processing concerning yourself or to object to processing as well as the right
to data portability and the right to lodge a complaint with a supervisory
authority.
Please provide Epson with your personal details in this form so we
can verify your identity. In some circumstances we may request additional forms
of ID from you, such as your passport or driving license.
You can exercise your statutory rights at any time by writing at
the contacts above or using the link Contact us about your data | Epson United Kingdom.
[End of Privacy
Statement]