1. Epson device Top

End User Software License Agreement. (SG WriterII)

Notice to User

This is a legal agreement ("Agreement") between you (an individual or single entity, referred to hereinafter as "you") and Seiko Epson Corporation ("Epson") for the use of computer software for use with Epson micro device products(the "Epson Products", described in Exhibit A), including any accompanying explanatory written materials (the "Software", described in Exhibit A).

IF YOU ACQUIRE THIS SOFTWARE IN AUSTRALIA, SECTIONS 9-16 OF THIS DOCUMENT MAY APPLY TO YOU. SECTIONS 10 AND 13 DESCRIBE WHEN THESE SECTIONS MAY APPLY. SECTIONS 9-16 SET OUT MANDATORY STATUTORY PROTECTIONS WHICH CANNOT BE EXCLUDED UNDER LAW. WHERE INDICATED, OTHER TERMS IN THIS AGREEMENT ARE SUBJECT TO SECTIONS 9-16.

BEFORE DOWNLOAD, INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU MUST AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU AGREE, CLICK ON THE ACCEPT BUTTON BELOW. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE DECLINE BUTTON BELOW AND YOU WILL NOT BE ABLE TO DOWNLOAD THE SOFTWARE.

  1. License
    • Epson grants you a personal, non-transferable, limited, non-sublicenseable, nonexclusive and worldwide license to install and use the Software only to use Epson's Products described in Exhibit A.
    • a: Limited License.The Software may be installed in a single operating system environment; and only used by you, and then, only to use Epson's Products internally.
  2. Other Rights and Limitations; Security.
    • a: Software. The term "Software" shall include: (i) the software components and media; and (ii) any upgrades, updates, additions and copies of the Software licensed to you by Epson.
    • b: Other Rights and Limitations; Security. Except as expressly provided in this Agreement, you may not (and may not cause or authorize any third party to) use, distribute, translate, amend or adapt the Software (or any part thereof) without the prior written permission of Epson.  You agree not to attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software to the extent that it has been supplied to you in object code form.  You may not rent, lease, distribute, sublicense or lend the Software to any third parties.  Further, you agree not to place the Software onto a server so that it is accessible via a public network such as the Internet.
  3. Ownership and Reservation of Rights.
    • a: Ownership. The term "Software" shall include: (i) the software components and media; and (ii) any upgrades, updates, additions and copies of the Software licensed to you by Epson.
  4. Warranty Disclaimers and Indemnification.
    • a:Warranty Disclaimers.Subject to Section 10 (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 own risk. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND. EPSON DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EPSON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Some states and/or jurisdictions do not allow the exclusion or limitation of implied warranties in certain circumstances; thus, the above limitations may not apply to you.
    • b:Indemnification.Subject to Section 13 (which may apply to you if you acquire goods and services from Epson in Australia), you agree to defend, indemnify and hold harmless Epson from any claims, liabilities, damages, losses and expenses (including attorneys' fees), that arise or result from your breach of the terms and conditions of this Agreement, including any claim that you infringes the rights (including intellectual property rights) of third parties in relation with the Software.
  5. Limitation of Liability.
    • Limitation of Liability.Subject to Sections 10 and/or 13 (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.
  6. Termination.
    • Subject to Section 13 (which may apply to you if you acquire goods and services from Epson in Australia), without prejudice to any other rights Epson has, this Agreement and the licenses granted herein shall automatically terminate upon failure by you to comply with its terms. You may also terminate this Agreement and the licenses granted herein at any time by destroying the Software and all copies.
  7. Export Restriction.
    • You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by Japanese export regulations or any other export laws, restrictions or regulations.
  8. Governing Law and General Provisions.
    • Subject to Section 13 (which may apply to you if you acquire goods and services from Epson in Australia), this Agreement shall be governed and construed under the laws of Japan, without regard to its conflicts of law rules. Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. 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. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, assigns and legal representatives. If any provision herein is found to be void or unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified in writing signed by an authorized officer of Epson.

      THE FOLLOWING SECTIONS 9-16 OF THIS DOCUMENT MAY APPLY TO YOU IF YOU ACQUIRE GOODS OR SERVICES IN AUSTRALIA (SEE SECTIONS 10 AND 13 FOR FURTHER INFORMATION AS TO WHEN THESE SECTIONS APPLY)
  9. Definitions.
    • For the purpose of the following Sections 9-16 of this Agreement, the Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
  10. 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 11 and 12.
  11. 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.
  12. Warranty Disclaimers and Indemnification.
    • 12.1: Section 4 (a) (Warranty Disclaimers) 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 DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE; (3) EPSON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
    • 12.2: Section 4 (b) (Indemnification) will not apply to you.
  13. 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 14-16 will apply to you.
  14. Limitation of Liability.
    • Section 5 will not apply to you. The following section will apply instead of:
    • Subject to Section 10, 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.
  15. Termination.
    • Section 6 (Termination) will not apply to you. The following section will apply instead:
    • Without prejudice to any other rights of the parties, each party may terminate this Agreement, effective on notice to the other party, if the other party fails to comply with this Agreement. Upon termination, you must cease using the Software, and all copies thereof, must be immediately destroyed. You may also terminate this Agreement and the licenses granted herein at any time by destroying the Software and all copies.
  16. Governing Law and General Provisions.
    • Section 8 (Governing Law and General Provision) will not apply to you. The following section will apply instead:
    • This Agreement shall be governed and construed under the laws of Japan, without regard to its conflicts of law rules. Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, assigns and legal representatives. If any provision herein is found to be void or unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified if, in addition to being modified in writing signed by, or by an authorized representative of, Epson, it is also modified in writing signed by, or by an authorized representative of, you.

<Exhibit A>

  1. Epson's Products
    • SG-WriterII
  2. Software
    • - SGWriter7.30
    • - USB driver 64bit: amd64
    • - USB driver 32bit: x86
  3. Document
    • - ApplicationManual(pdf)
    • - SG-Writer2 Placing Blank sample(pdf)


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