EPSON END USER SOFTWARE LICENSE AGREEMENT
NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
DOWNLOADING, INSTALLING OR USING THIS PRODUCT. IF YOU ARE
LOCATED IN THE UNITED STATES, SECTIONS 16-18 OF THIS DOCUMENT
APPLY TO YOU. SECTION 17 CONTAINS A BINDING ARBITRATION PROVISION
THAT LIMITS YOUR ABILITY TO SEEK RELIEF IN A COURT BEFORE A JUDGE OR
JURY, AND WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR
CLASS ARBITRATIONS FOR CERTAIN DISPUTES. AN “OPT-OUT” IS AVAILABLE
UNDER SECTION 17.7 FOR THOSE WHO WISH TO BE EXCLUDED FROM THE
ARBITRATION AND CLASS WAIVER.
IF YOU ACQUIRE THIS PRODUCT IN AUSTRALIA, SECTIONS 19 – 26 OF THIS
DOCUMENT MAY APPLY TO YOU. SECTIONS 19 – 26 SET OUT MANDATORY
STATUTORY PROTECTIONS WHICH CANNOT BE EXCLUDED UNDER LAW.
WHERE INDICATED, OTHER TERMS IN THIS AGREEMENT ARE SUBJECT TO
SECTIONS 19 – 26.
This is a legal agreement (“Agreement”) between you (an individual or entity, referred to
hereinafter as “you”) and Seiko Epson Corporation (including its affiliates, “Epson”) for
your use of the enclosed software programs, including any related documentation or updates
(collectively referred to hereinafter as the “Software”). Pursuant to the enclosed software
programs, the Software includes available firmware, a software application and/or any other
programs, and/or any related documentation thereof. BEFORE DOWNLOADING,
INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU NEED TO
REVIEW AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT
INCLUDING THE EPSON PRIVACY POLICY as set out in Section 15. If you do not agree
with the terms and conditions of this Agreement, you must not install or use the Software.
1. Grant of License.
Epson hereby grants to you the following limited, non-exclusive, non-transferable and
royalty-free license;
(i) to use, refer to and/or reproduce the Software, to the extent necessary for creating
software products ("Derivative Software Products") which (a) integrate with the Software,
(b) work as an independent computer program or as a plug-in for such an program and (c)
support hardware products provided by Epson ("Epson Hardware"); and
(ii) to distribute, whether with or without consideration, the Software (either directly or
through distributors, dealers etc.) as an integrated component of the Derivative Software
Products, to an individual or entity (”Software Users”).
2. Other Rights and Limitations.
2.1. You may use the Software only in connection with the Epson Hardware.
2.2. You must distribute this Agreement with the Software when you distribute the
Software as a component of the plug-in.
2.3. Subject to Section 20 (which may apply to you if you acquire goods and services
from Epson in Australia), you shall have the sole responsibility arising out of
developing, manufacturing or distributing the Derivative Software Products, including
the responsibility to provide technical support in connection with the Software to
Software Users. For avoidance of doubt, Epson has no obligation to provide Software
Users with technical support.
2.4. Subject to Section 20 (which may apply to you if you acquire goods and services
from Epson in Australia), Epson may, in its sole discretion, provide you with technical
support regarding the Software upon your request to the extent necessary for creating
the Derivative Software Products. Epson may, in its sole discretion, refuse to provide
you technical support, including, but not limited to, where technical support service is
required for any previous version of the Software.
2.5. You agree not to attempt to reverse engineer, decompile, disassemble or otherwise
attempt to discover the source code of the Software.
3. Ownership.
Title, ownership rights, and intellectual property rights in and to the Software shall remain
with Epson or its licensors and suppliers. The Software is protected by United States
Copyright Law, copyright laws of Japan and international copyright treaties, as well as other
applicable intellectual property laws and treaties. There is no transfer to you of any title to or
ownership of the Software and the License granted under this Agreement shall not be
construed as a sale of any rights in the Software. You agree not to remove or alter any
copyright, trademark, registered mark and other proprietary notices on any copies of the
Software. Epson and/or its licensors and suppliers reserve all rights not granted. The
Software may also contain images, illustrations, designs and photos (“Materials”), and the
copyright of such Material belongs to Epson and/or its licensors and suppliers and is
protected by national and/or international intellectual property laws, conventions and
treaties. For clarity, (1) you may only use the Materials for non-commercial purposes only,
(2) you may only edit, adjust and copy the Materials in the manner designated by the
Software, and (3) you may use the Materials only for lawful personal use, home use or as
otherwise legally permitted.
4. Open Source and Other Third-Party Components.
Notwithstanding the foregoing license grant, you acknowledge that certain components of
the Software may be covered by third-party licenses, including “open source” software
licenses, which means any software licenses approved as open source licenses by the Open
Source Initiative or any substantially similar licenses, including without limitation any
license that, as a condition of distribution of the software licensed under such license,
requires that the distributor make the software available in source code format (such
third-party components, “Third-Party Components”). A list of Third-Party Components,
and associated license terms (as required), for particular versions of the Software is
indicated at the end of this Agreement, relevant user manual/CD, or the license information
displayed in Software. To the extent required by the licenses covering Third-Party
Components, the Third-Party Components are licensed to you directly by the relevant
licensor which is under a separate agreement between you and the licensor or are
sublicensed to you by Epson under this Agreement. To the extent the terms of the licenses
applicable to Third-Party Components prohibit any of the restrictions in this Agreement
with respect to such Third-Party Components, such restrictions under this Agreement will
not apply to such Third-Party Component.
5. Disclaimer of Warranty and Remedy.
Subject to Section 20 and 21 (which may apply to you if you acquire goods and services from
Epson in Australia), you acknowledge and agree that the use of the Software is at your sole
risk. THE SOFTWARE IS PROVIDED ""AS IS"" AND WITHOUT ANY WARRANTY OF
ANY KIND. EPSON AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE.
Epson does not warrant that the operation of the Software will be uninterrupted, error free,
free from viruses or other harmful components or vulnerabilities, or that the functions of the
Software will meet your needs or requirements. Epson is not liable for performance delays or
for nonperformance due to causes beyond its reasonable control. EPSON DISCLAIMS ALL
OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES OR JURISDICTIONS,
HOWEVER, DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED OR
STATUTORY WARRANTIES, AND IN SUCH STATES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
6. Limitation of Liability.
Subject to Section 20 and/or 22 (which may apply to you if you acquire goods and services
from Epson in Australia), TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL EPSON OR ITS SUPPLIERS BE LIABLE FOR ANY
DAMAGES, WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING UNDER
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF
WARRANTY, MISREPRESENTATION, OR OTHERWISE, INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY
LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OR
ARISING OUT OF THIS AGREEMENT, EVEN IF EPSON OR ITS REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN
TRANSACTIONS, AND IN SUCH STATES, THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY.
7. U.S. Government Acquisition of the Software.
This Section applies to all acquisitions of the Software by or for the U.S. Government
(“Government”), or by any prime contractor or subcontractor (at any tier) under any
contract, grant, cooperative agreement, “other transaction” (“OT”), or other activity with
the Government. By accepting delivery of the Software, the Government, any prime
contractor, and any subcontractor agree that the Software qualifies as “commercial”
computer software within the meaning of FAR Part 12, paragraph (b) of FAR Subpart
27.405, or DFARS Subpart 227.7202, as applicable, and that no other regulation, or FAR or
DFARS data rights clause, applies to the delivery of this Software to the Government.
Accordingly, the terms and conditions of this Agreement govern the Government’s (and the
prime contractor and subcontractor’s) use and disclosure of the Software, and supersede any
conflicting terms and conditions of the contract, grant, cooperative agreement, OT, or other
activity pursuant to which the Software is delivered to the Government. If this Software fails
to meet the Government’s needs, if this Agreement is inconsistent in any respect with
Federal law, or if the above cited FAR and DFARS provisions do not govern, the
Government agrees to return the Software, unused, to Epson.
8. Export Restriction.
You agree that the Software will not be shipped, transferred or exported into any country or
used in any manner prohibited by the United States Export Administration Act or any other
applicable export control laws, restrictions or regulations.
9. Entire Agreement.
This Agreement is the entire agreement between the parties related to the Software and
supersedes any purchase order, communication, advertisement, or representation
concerning the Software.
10. Binding Agreement; Assignees.
This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and
their respective successors, assigns and legal representatives.
11. Severability; Modifications.
If any provision herein is found void or unenforceable by a court of competent jurisdiction
(subject to Section 17.8 and 17.9 if you are a located in the U.S.), it will not affect the
validity of the balance of the Agreement, which shall remain valid and enforceable according
to its terms. This Agreement may only be modified in writing signed by an authorized
representative of Epson.
12. Indemnification.
Subject to Section 22 (which may apply to you if you acquire goods and services from Epson
in Australia), you agree that you will indemnify and hold harmless, and upon Epson’s
request, defend Epson and its directors, officers, shareholders, employees and agents from
and against any and all losses, liabilities, damages, costs, expenses (including reasonable
attorneys’ fees), actions, suits, and claims arising from (i) any breach of any of your
obligations in this Agreement or (ii) any use of the Software or any use of any hardware
cooperating with the Software. If Epson asks you to defend any such action, suit or claim,
Epson will have the right, at its own expense, to participate in the defense thereof with
counsel of its choice. You will not settle any third-party claims for which Epson is entitled to
indemnification without the prior written approval of Epson.
13. Termination.
Subject to Section 22 (which may apply to you if you acquire goods and services from Epson
in Australia), without prejudice to any other rights Epson has, your license rights under
Section 1 above and your warranty rights under Section 5 above, shall automatically
terminate upon failure by you to comply with this Agreement. Upon termination of such
rights, you agree that the Software, and all copies thereof, will be immediately destroyed.
14. Capacity and Authority to Contract.
Subject to Section 22 (which may apply to you if you acquire goods and services from Epson
in Australia), You represent that you are of the legal age of majority in your state or
jurisdiction of residence and have all necessary authority to enter into this Agreement,
including, if applicable, due authorization by your employer to enter into this Agreement.
15. Privacy, Information Processing.
The Software may have the ability to connect over the Internet or any network, to transmit
data directly or indirectly to and from your device having been installed the Software
(""Device""). For example, if you install the Software, the Software may cause your Device to
send information about the Software, your Device and/or your hardware such as model and
serial number, country identifier, language code, operating system information, and usage
information to Epson for the purpose of updating firmware of the Epson Hardware. Any
processing of information provided through the Software, shall be according to applicable
data protection laws and the Epson Privacy Policy located at
https://global.epson.com/privacy/area_select_confirm_eula.html. To the extent permitted
by applicable laws, by agreeing to the terms of this Agreement and by installing the Software,
you consent to the processing and storage of your information in and/or outside your
country of residence. If there is a specific privacy policy incorporated into the Software
and/or displayed when you use the Software (for example, in the case of certain software
application software), such specific privacy policy shall prevail over the Epson Privacy Policy
stated above.
(IF YOU ARE LOCATED IN THE UNITED STATES, THE FOLLOWING SECTIONS 16
- 18 APPLY TO YOU)
16.1. Ink Purchases.
For certain Epson printer products sold in North America, the Software may also display an
option to buy ink from Epson. If you click on the buy button, the Software will cause your
Device to display Epson Hardware cartridge types and ink levels and provide other
information about your cartridges, such as the colors, available cartridge sizes, and prices for
replacement ink cartridges, which you may purchase online from Epson.
16.2. Downloadable Updates.
You may also be able to download from an Epson Internet site updates or upgrades to the
Software if such updates or upgrades are made available. If you agree to install the Software,
any transmissions to or from the Internet, and data collection and use, will be in accordance
with Epson’s then-current Privacy Policy, and by installing the Software you agree that such
then-current Privacy Policy shall govern such activities.
17. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS
ACTIONS AND CLASS ARBITRATIONS
17.1 Disputes.
The terms of this Section 17 shall apply to all Disputes between you and Epson. The
term “Dispute” is meant to have the broadest meaning permissible under law or in
equity and includes any dispute, claim, controversy or action between you and
Epson arising out of or relating to this Agreement (including its formation,
performance or breach), the Software, your hardware cooperating with the Software,
the parties’ relationship with each other and/or other transaction involving you and
Epson, whether in contract, or with respect to warranty, misrepresentation, fraud,
tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable
basis. However, a “Dispute” does not include a claim or cause of action for (a)
trademark infringement or dilution, (b) patent infringement, (c) copyright
infringement or misuse, or (d) trade secret misappropriation (an “IP Claim”). You
and Epson also agree, notwithstanding Section 17.6, that a court, not an arbitrator,
may decide if a claim or cause of action is for an IP Claim.
17.2 Initial Dispute Resolution.
Before submitting a claim for arbitration in accordance with this Section 17.2, you
and Epson agree to try, for sixty (60) days, to resolve any dispute informally. If
Epson and you do not reach an agreement to resolve the dispute within the sixty
(60) days, you or Epson may commence an arbitration in accordance with Section
17.3. Notice to Epson must be addressed to: Epson America, Inc., ATTN: Legal
Department, 3131 Katella Ave, Los Alamitos, CA 90720. Any notice of the dispute
shall include the sender’s name, address and contact information, the facts giving
rise to the dispute, and the relief requested. Any notice sent to you will be sent to
the most recent address Epson has in its records for you. For this reason, it is
important to notify us if your address changes by emailing us at
EAILegal@ea.epson.com or writing us at the address above. You and Epson agree to
act in good faith to resolve the dispute before commencing arbitration in
accordance with Section 17.3.
17.3 Binding Arbitration.
If we do not reach an agreed upon solution within a period of sixty (60) days from
the time informal dispute resolution is pursued pursuant to Section 17.2 above, then
either party may initiate binding arbitration. You and Epson agree that all Disputes
shall be resolved by binding arbitration according to this Agreement.
ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR
JURY IN A COURT PROCEEDING AND YOUR RIGHT TO DISCOVERY AND
GROUNDS FOR APPEAL ARE MORE LIMITED THAN IN COURT. Pursuant
to this Agreement, binding arbitration shall be administered by JAMS, a nationally
recognized arbitration provider, pursuant to the JAMS Streamlined Arbitration
Rules and Procedures or its code of procedures then in effect for consumer related
disputes, but excluding any rules that permit class arbitration (for more detail on
procedure, see Section 17.6 below). You and Epson understand and agree that (a)
the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and
enforcement of this Section 17, (b) this Agreement memorializes a transaction in
interstate commerce, and (c) this Section 17 shall survive termination of this
Agreement.
17.4 Small Claims Court.
Notwithstanding the parties’ agreement to resolve Disputes through arbitration,
you or we may bring an individual action in the small claims court of your state or
municipality if the action is within that court’s jurisdiction and is pending only in
that court.
17.5 WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS.
YOU AND EPSON AGREE THAT EACH PARTY MAY BRING DISPUTES
AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND
NOT AS A CLASS ACTION OR CLASS ARBITRATION. IF ANY COURT OR
ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET
FORTH IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY
REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS,
THEN THE ARBITRATION PROVISION SET FORTH ABOVE IN SECTION 17
SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE
PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE
DISPUTES.
17.6 Arbitration Procedure.
If you or Epson commences arbitration, the arbitration shall be governed by JAMS
Streamlined Arbitration Rules and Procedures or the applicable rules of JAMS that
are in effect when the arbitration is filed, excluding any rules that permit
arbitration on a class-wide basis (the “JAMS Rules”), available at
http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set
forth in this Agreement. All Disputes shall be resolved by a single neutral arbitrator,
which shall be selected in accordance with the JAMS Streamlined Arbitration Rules
and Procedures, and both parties shall have a reasonable opportunity to participate
in the selection of the arbitrator. The arbitrator is bound by the terms of this
Agreement. The arbitrator, and not any federal, state or local court or agency, shall
have exclusive authority to resolve all Disputes arising out of or relating to the
interpretation, applicability, enforceability or formation of this Agreement,
including any claim that all or any part of this Agreement is void or voidable.
Notwithstanding this broad delegation of authority to the arbitrator, a court may
determine the limited question of whether a claim or cause of action is for an IP
Claim, which is excluded from the definition of “Disputes” in Section 17.1 above.
The arbitrator shall be empowered to grant whatever relief would be available in a
court under law or in equity. In some instances, the costs of arbitration can exceed
the costs of litigation and the right to discovery may be more limited in arbitration
than in court. Each party will have the right to use legal counsel in connection with
arbitration at its own expense. The arbitrator’s award is binding and may be
entered as a judgment in any court of competent jurisdiction. You may choose to
engage in arbitration hearings by telephone, or if we both agree, to conduct it
online, in lieu of appearing live. Arbitration hearings not conducted by telephone or
online shall take place in a location reasonably accessible from your primary
residence, or in Orange County, California, at your option.
(a) Initiation of Arbitration Proceeding.
If either you or Epson decides to arbitrate a Dispute, both parties agree to the
following procedure:
(i) Write a Demand for Arbitration. The demand must include a description of the
Dispute and the amount of damages sought to be recovered. You can find a copy of
a Demand for Arbitration at http://www.jamsadr.com (“Demand for Arbitration”).
(ii) Send three copies of the Demand for Arbitration, plus the appropriate filing fee,
to:
JAMS, 500 North State College Blvd., Suite 600 Orange, CA 92868, U.S.A.
(iii) Send one copy of the Demand for Arbitration to the other party (same address
as the notice of Dispute in Section 17.2), or as otherwise agreed by the parties.
(b) Hearing Format.
During the arbitration, the amount of any settlement offer made shall not be
disclosed to the arbitrator until after the arbitrator determines the amount, if any,
to which you or Epson is entitled. The discovery or exchange of non-privileged
information relevant to the dispute may be allowed during the arbitration.
17.7 30 day right to Opt-out.
You may elect to opt-out (exclude yourself) from the final, binding, individual
arbitration procedure and waiver of class proceedings specified in this Agreement
by sending a written letter to the Epson Address listed above in Section 17.2 within
thirty (30) days of your assent to this Agreement that specifies (i) your name, (ii)
your mailing address, and (iii) your request to be excluded from the final, binding
individual arbitration procedure and waiver of class proceedings specified in this
Section 17. In the event that you opt-out consistent with the procedure set forth
above, all other terms shall continue to apply, including the requirement to provide
notice prior to litigation. If you opt out of these arbitration provisions, Epson will
also not be bound by them.
17.8 Amendments to Section 17.
Notwithstanding any provision in this Agreement to the contrary, you and Epson
agree that if Epson makes any future amendments to the dispute resolution
procedure and class action waiver provisions (other than a change to Epson’s
address) in this Agreement, Epson will obtain your affirmative assent to the
applicable amendment. If you do not affirmatively assent to the applicable
amendment, you are agreeing that you will arbitrate any dispute between the parties
in accordance with the language of this Section 17 (or resolve disputes as provided
for in Section 17.2, if you timely elected to opt-out when you first assented to this
Agreement).
17.9 Severability.
If any provision in this Section 17 is found to be unenforceable, that provision shall
be severed with the remainder of this Agreement remaining in full force and effect.
The foregoing shall not apply to the prohibition against class actions as provided in
Section 17.5. This means that if Section 17.5 is found to be unenforceable, the
entire Section 17 (but only Section 17) shall be null and void.
18. For New Jersey Residents.
NOTWITHSTANDING ANY TERMS SET FORTH IN THIS AGREEMENT, IF ANY
OF THE PROVISIONS SET FORTH IN SECTIONS 5 OR 6 ARE HELD
UNENFORCEABLE, VOID OR INAPPLICABLE UNDER NEW JERSEY LAW, THEN
ANY SUCH PROVISION SHALL NOT APPLY TO YOU BUT THE REST OF THE
AGREEMENT SHALL REMAIN BINDING ON YOU AND EPSON.
NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, NOTHING IN
THIS AGREEMENT IS INTENDED TO, NOR SHALL IT BE DEEMED OR
CONSTRUED TO, LIMIT ANY RIGHTS AVAILABLE TO YOU UNDER THE
TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT.
(IF YOU ACQUIRE THE PRODUCTS IN AUSTRALIA, THE FOLLOWING SECTIONS
19 –26MAY APPLY TO YOU)
19. Definitions.
For the purpose of the following Sections 20 –26of this Agreement, the Australian Consumer
Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
20. Australian Consumer Law.
Nothing in this Agreement applies where it would exclude, restrict or modify any right or
remedy you may have or the obligation of Epson under the Australian Consumer Law if
such right or remedy cannot lawfully be excluded, restricted or modified.
21. Disclaimer of Warranty and Remedy.
Section 5 will not apply to you. The following terms will apply instead:
EXCEPT THAT NOTHING IN THIS CLAUSE EXCLUDES, RESTRICTS OR
MODIFIES ANY RIGHTS OR REMEDIES WHICH CANNOT BE EXCLUDED
UNDER THE AUSTRALIAN CONSUMER LAW: (1) you acknowledge and agree
that the use of the Software is at your sole risk; (2) THE SOFTWARE IS
PROVIDED ""AS IS"" AND WITHOUT ANY WARRANTY OF ANY KIND; (3)
EPSON AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE
SOFTWARE; (4) Epson does not warrant that the operation of the Software will be
uninterrupted, error free, free from viruses or other harmful components or
vulnerabilities, or that the functions of the Software will meet your needs or
requirements; (5) Epson is not liable for performance delays or for nonperformance
due to causes beyond its reasonable control; (6) EPSON DISCLAIMS ALL
OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO, ALL WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
22. Acquiring Product under a Consumer or Small Business Contract.
If:
(a) you are an individual and you acquire the Software wholly or predominantly for
personal, domestic or household use or consumption; or
(b) this Agreement constitutes a small business contract (as that term is defined in
the Australian Consumer Law from time to time),
then the following Sections 23 –26will apply to you.
23. Limitation of Liability.
Section 6 will not apply to you. The following terms will apply instead:
SUBJECT TO SECTION 20, IN NO EVENT WILL A PARTY OR ITS
SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, WHETHER ARISING UNDER CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF
WARRANTY, MISREPRESENTATION, OR OTHERWISE, INCLUDING
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SOFTWARE, OR ARISING OUT OF THIS AGREEMENT, EVEN
IF THAT PARTY OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
24. Indemnification
Section 12 will not apply to you.
25. Termination.
Section 13 will not apply to you. The following terms will apply instead:
Without prejudice to any other rights of the parties, each party may terminate this
Agreement, effective on notice to the other party, if the other party fails to comply
with this Agreement. Upon termination, you must cease using the Software, and all
copies thereof, must be immediately destroyed.
26. Capacity and Authority to Contract.
In addition to the representation made by you in Section 14, Epson represents that it has
all necessary authority to enter into this Agreement.
As of 2023