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End User Software License Agreement (Linux® Driver)

IMPORTANT:

THIS DOWNLOAD CONTAINS COMPUTER PROGRAMS, DOCUMENTATION AND OTHER PROPRIETARY MATERIAL PROPRIETARY TO SEIKO EPSON CORPORATION AND/OR ITS LICENSORS AND/OR SUPPLIERS (COLLECTIVELY, "EPSON"). THIS DOWNLOAD IS SUBJECT TO THIS END-USER SOFTWARE LICENSE AGREEMENT ("AGREEMENT").

IF YOU ACQUIRE THIS PRODUCT IN AUSTRALIA, SECTIONS 15-24 OF THIS DOCUMENT MAY APPLY TO YOU. SECTIONS 16 AND 19 DESCRIBE WHEN THESE SECTIONS MAY APPLY. SECTIONS 15-24 SET OUT MANDATORY STATUTORY PROTECTIONS WHICH CANNOT BE EXCLUDED UNDER LAW. WHERE INDICATED, OTHER TERMS IN THIS AGREEMENT ARE SUBJECT TO SECTIONS 15-24.

IF YOU SELECT "I Agree" OR IF YOU OTHERWISE INSTALL OR USE ANY PART OF THIS DOWNLOAD, YOU ARE REPRESENTING AND WARRANTING THAT YOU ARE CONSENTING TO BE BOUND BY, AND YOU HAVE BECOME A PARTY TO, THIS AGREEMENT.

IF YOU DO NOT AGREE TO (OR CANNOT COMPLY WITH) ALL OF THE TERMS OF THIS AGREEMENT, SELECT "I Don't Agree", AND YOU SHALL NOT BE AUTHORIZED TO USE OR HAVE ANY LICENSE TO ANY PART OF THIS DOWNLOAD.

SOFTWARE LICENSE AGREEMENT

  1. Scope and Open-Source Software Notification. :
    1. This Agreement is a legal agreement and constitutes the entire understanding between you (an individual or single entity, referred to hereinafter as "you") and Epson regarding computer programs and related documentation, data and proprietary information that you download, more specifically described in Paragraph 2 of Exhibit A hereto, (the "Licensed Software").
    2. The Licensed Software may contain open-source software (pursuant to the definition by the Open Source Initiative). If there is a conflict between the terms and conditions of this Agreement and any terms or conditions applicable to any open-source software contained in the Licensed Software, the terms and conditions applicable to such open-source software shall prevail and govern.
  2. Copyright and Other Rights. :
    As between the parties, EPSON retains any and all ownership rights, title and interest in the Licensed Software including any and all copies thereof. This Agreement does not constitute a sale of the Licensed Software or any portion thereof. The Licensed Software is protected under Japanese Copyright Laws and International Copyright Treaties, as well as other intellectual property laws and treaties. Except for the rights and licenses expressly granted to you hereunder, you shall not be granted, expressly, impliedly or by estoppel, any rights under any intellectual property rights (including patents, trademarks and copyrights) in and to the Licensed Software or any such third party software provided hereunder.
  3. License Grants.:
    a. Subject to and conditional upon the terms of this Agreement, EPSON hereby grants to you a non-exclusive, non-sublicensable (except in accordance with Section 3b), personal and non-transferable, royalty-free limited license and right as follows:
    1. to use and make derivative works of or otherwise modify the Licensed Software, in whole or in part, in human-readable form ("Source Code") if downloaded in such software code, only for the purposes of developing, manufacturing and selling your products(product) integrating Epson's quartz device products specified in Paragraph 1 of Exhibit A hereto ("EPSON Quartz Device Products");
    2.  to use and reproduce the Licensed Software (including derivative works of the Licensed Software pursuant to Section 3. only for the purposes of developing, manufacturing and selling the Products;
    3. to manufacture and sell the Products integrating the reproduced Licensed Software pursuant to Section 3.for the purpose of evaluating the Products.
    4. to use the Licensed Software (including derivative works of the Licensed Software pursuant to this Section 3. for the purpose of evaluating the Products.
    b. The license grants specified in the above Subsections (1) through (3) shall include the right to grant sub-licenses to your subcontractors only in connection with the manufacture of your Products integrating the  Licensed Software; provided, however, you shall impose the same obligations and restrictions hereunder upon such subcontractors, and you shall be jointly and severally liable for any breach of this Agreement by such subcontractors.
  4. Restrictions.:
    Notwithstanding anything to the contrary herein, you shall not, and you shall not cause your subcontractors to: (a) use the Licensed Software (including any derivative works of the Licensed Software pursuant to Section 3 for any purpose except those expressly permitted hereunder; (b) disassemble, de-compile or otherwise reverse engineer the Licensed Software downloaded in machine readable form ("Object Code") in order to discover or otherwise obtain the Source Code thereof; (c) disclose or distribute to third parties (except your subcontractors) the Licensed Software downloaded in Source Code form; (d) assign, rent, lease, lend and re-distribute the Licensed Software (i) on a stand-alone basis, and/or (ii) by writing the Licensed Software into any products other than your products integrating the Products; (e) remove or change any legend or notice of copyright or other intellectual property right set forth in the Licensed Software as downloaded; or (f) remove or change any legend or notice of any logo, trade name, and trademark set forth in the Licensed Software as downloaded.
  5. Term.:
    This Agreement shall be effective upon completing the download of the Licensed Software and shall remain in effect unless and until terminated in accordance with Section 6.
  6. Termination.:
    Subject to Section 19 (which may apply to you if you acquire goods and services from Epson in Australia), Epson may terminate this Agreement at any time with immediate effect and without any notice to you if you are in material breach of this Agreement. You may terminate this Agreement at any time by uninstalling the Licensed Software and disposing of any and all copies thereof. Upon termination of this Agreement, all licenses granted hereunder shall automatically and simultaneously terminate, and you shall stop all use of the Licensed Software. Except as otherwise provided herein, the terms of this Agreement shall survive termination hereof. Termination is not an exclusive remedy, and any and all other remedies shall be available whether or not this Agreement is terminated.
  7. Export Control Laws Compliance. :
    You shall comply with all applicable export laws, restrictions, and/or regulations of Japan , the United States or any other applicable foreign agency or authority. You will not export or re-export, or allow the export or re-export of any product, technology or information you obtain or learn of pursuant to this Agreement (or any direct product thereof) in violation of any such laws, restrictions and/or regulations.
  8. Warranty Disclaimers. :
    Subject to Section 16 (which may apply to you if you acquire goods and services from Epson in Australia), THE LICENSED SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT. EPSON DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE USE OF LICENSED SOFTWARE (INCLUDING ANY DERIVATIVE WORKS OF THE LICENSED SOFTWARE PURSUANT TO SECTION 3) OR THE RESULTS OF THE USE OF THE LICENSED SOFTWARE (INCLUDING ANY DERIVATIVE WORKS OF THE LICENSED SOFTWARE PURSUANT TO SECTION 3), AND THE USE OF THE LICENSED SOFTWARE (INCLUDING ANY DERIVATIVE WORKS OF THE LICENSED SOFTWARE PURSUANT TO SECTION 3) IS AT YOUR OWN RISK. EPSON DOES NOT WARRANT THAT THE LICENSED SOFTWARE (INCLUDING ANY DERIVATIVE WORKS OF THE LICENSED SOFTWARE PURSUANT TO SECTION 3) WILL MEET YOUR REQUIREMENTS, OPERATE ERROR FREE, WITHOUT INTERRUPTION, OR IN COMBINATION WITH OTHER SOFTWARE, OR THAT ALL PROGRAM DEFECTS ARE CORRECTABLE.
  9. No Assignment.:
    Subject to Section 19 (which may apply to you if you acquire goods and services from Epson in Australia), other than expressly provided herein, you shall NOT assign or otherwise transfer any rights and obligations hereunder, or this Agreement, to any third party without the prior written consent of Epson.
  10. Governing Law.:
    This Agreement shall be construed and governed by the laws of Japan , without reference to conflict of law provisions.
  11. Invalidity.:
    If any provision of this Agreement is determined to be invalid under applicable law, such provision shall, to that extent, be deemed omitted. The invalidity of any portion of this Agreement shall not render this Agreement or any other portion hereof invalid.
  12. Entire Agreement.:
    Subject to Section 19 (which may apply to you if you acquire goods and services from Epson in Australia), this Agreement constitutes the entire understanding and agreement between you and EPSON relating to the subject matter hereof, and supersedes any previous communications, representations, or agreements, whether oral or written, between you and EPSON in respect of the subject matter hereof.
  13. Consequential Damages Waiver:
    Subject to Section 16 and/or 19 (which may apply to you if you acquire goods and services from Epson in Australia), IN NO EVENT SHALL EPSON BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, OR MISREPRESENTATION FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion of damages, so the above exclusion may not apply to you.
  14. Limitation of Liability.
    Subject to Section 16 and/or 19 (which may apply to you if you acquire goods and services from Epson in Australia), EPSON'S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, OR MISREPRESENTATION FOR ANY DAMAGES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO EPSON TO USE THE LICENSED SOFTWARE HEREUNDER. Some jurisdictions do not allow the limitation of damages, so the above limitation may not apply to you.

    15. THE FOLLOWING SECTIONS 15-24 OF THIS DOCUMENT MAY APPLY TO YOU IF YOU ACQUIRE GOODS OR SERVICES IN AUSTRALIA (SEE SECTIONS 16 AND 19 FOR FURTHER INFORMATION AS TO WHEN THESE SECTIONS APPLY)

  15. Definitions.
    For the purpose of the following Sections 15-24 of this Agreement, the Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  16. Acquiring Licensed Software as a Consumer.
    If you acquire the Licensed 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 17 and 18.
  17. 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. Warranty Disclaimers.
    Section 8 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 LICENSED SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, (2) EPSON DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE USE OF LICENSED SOFTWARE (INCLUDING ANY DERIVATIVE WORKS OF THE LICENSED SOFTWARE PURSUANT TO SECTION 3) OR THE RESULTS OF THE USE OF THE LICENSED SOFTWARE (INCLUDING ANY DERIVATIVE WORKS OF THE LICENSED SOFTWARE PURSUANT TO SECTION 3), AND THE USE OF THE LICENSED SOFTWARE (INCLUDING ANY DERIVATIVE WORKS OF THE LICENSED SOFTWARE PURSUANT TO SECTION 3) IS AT YOUR OWN RISK, AND (4) EPSON DOES NOT WARRANT THAT THE LICENSED SOFTWARE (INCLUDING ANY DERIVATIVE WORKS OF THE LICENSED SOFTWARE PURSUANT TO SECTION 3) WILL MEET YOUR REQUIREMENTS, OPERATE ERROR FREE, WITHOUT INTERRUPTION, OR IN COMBINATION WITH OTHER SOFTWARE, OR THAT ALL PROGRAM DEFECTS ARE CORRECTABLE.
  19. Acquiring Licensed Software under a Consumer or Small Business Contract.
    If:
    (a) you are an individual and you acquire the Licensed 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 20-24 will apply to you.This Agreement shall be construed and governed by the laws of Japan , without reference to conflict of law provisions.
  20. Termination.
    Section 6 will not apply to you. The following section will apply instead of:

    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. You may terminate this Agreement at any time by uninstalling the Licensed Software and disposing of any and all copies thereof. Upon termination of this Agreement, all licenses granted hereunder shall automatically and simultaneously terminate, and you shall stop all use of the Licensed Software. Except as otherwise provided herein, the terms of this Agreement shall survive termination hereof. Termination is not an exclusive remedy, and any and all other remedies shall be available whether or not this Agreement is terminated.
  21. No Assignment.
    Section 9 will not apply to you. The following section will apply instead of:

    Neither party may assign, inherit, or set as collateral to a third party under the Terms of this Agreement, except with the prior written consent from the other party.
  22. Entire Agreement.
    Section 12 will not apply to you.
  23. Consequential Damages Waiver.
    Section 13 will not apply to you. The following section will apply instead of:

    Subject to Section 16, IN NO EVENT SHALL A PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, OR MISREPRESENTATION FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF SUCH DAMAGES.
  24. Limitation of Liability.
    Section 14 will not apply to you. The following section will apply instead of:

    Subject to Section 16, A PARTY'S AGGREGATE LIABILITY TO THE OTHER PARTY OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, OR MISREPRESENTATION FOR ANY DAMAGES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO EPSON TO USE THE LICENSED SOFTWARE HEREUNDER.

Disclaimer Notice:
Epson shall not be liable in connection with your access to this Home Page even if such access is deemed illegal or a violation under applicable laws and regulations.

Exhibit A

  1. Epson Quartz Device Products
    RTC Module
  2. Licensed Software
    (1) Epson Original Software
    Driver software of LINUX® for a RTC Module of EPSON
    (2) Third Party Software


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