PLEASE READ CAREFULLY BEFORE USING AND INSTALLING THIS SOFTWARE PROGRAM: BY USING THIS SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, DOWNLOAD, OR OTHERWISE USE THE SOFTWARE. IF YOU ARE INSTALLING THIS SOFTWARE PROGRAM FOR USE BY OTHER PARTIES, YOU AGREE TO INFORM THE USERS THAT USE OF THE SOFTWARE PROGRAM INDICATES ACCEPTANCE OF THESE TERMS.
FIRMWARE UPDATES
FIRMWARE UPDATES MAY MODIFY PRINTER SETTINGS AND CAUSE COUNTERFEIT AND/OR UNAUTHORIZED PRODUCTS, SUPPLIES, PARTS, MATERIALS (SUCH AS TONERS AND INKS), SOFTWARE, OR INTERFACES TO STOP WORKING.
PRINTER AGREEMENT
Please read before opening: Opening this package, installing the printing device software, or using the products inside confirms your acceptance of these contract terms: This printer is designed to work only with genuine original manufacturer supplies and you agree to only use genuine original manufacturer supplies with this printer. The installed supplies inside the printer are subject to a restriction that they be used only once and returned only to the original manufacturer for remanufacturing or recycling. Supplies without this single-use term are available through the original manufacturer and may be remanufactured by you, or a third-party, as the only supplies alternatives to be used with the printer.
SUPPLIES AGREEMENT
Please read before opening: By opening this package, you accept these contract terms. The supplies inside: (1) are sold at a special price contingent upon your agreement to use the supplies only once and return the supplies only to the original manufacturer for remanufacturing or recycling after using them; and (2) will stop working after reaching end of the rated life established by the original manufacturer (a variable amount of toner may remain when replacement is required). Supplies without this single-use term are available through the original manufacturer. If you do not accept these terms, return the unopened supplies to the point of purchase.
SOFTWARE LICENSE AGREEMENT
This Software Limited Warranty and License Agreement ("Software License Agreement") is a legal agreement between you (either an individual or a single entity) and the developer of the printing device you purchased ("Licensor") that to the extent your Licensor product or Software Program is not otherwise subject to a written software license agreement between you and Licensor or its suppliers, governs your use of any Software Program installed on or provided by Licensor for use in connection with your Licensor product. The term "Software Program" includes machine-readable instructions, audio/visual content (such as images and recordings), and associated media, printed materials and electronic documentation, whether incorporated into, distributed with or for use with your Licensor product. Suppliers of Licensor shall be deemed third party beneficiaries of this Agreement.
1. DISCLAIMER AND LIMITATION OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS PROVIDE THE SOFTWARE PROGRAM "AS IS" AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ABSENCE OF VIRUSES, ALL WITH REGARD TO THE SOFTWARE PROGRAM. LICENSOR: (x) UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE SOFTWARE PROGRAM AND (y) ASSUMES NO RESPONSIBILITY THAT THE SOFTWARE PROGRAM WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE ACQUIRING IT, EXCEPT AS OTHERWISE PROVIDED IN THIS DISCLAIMER.
This Agreement is to be read in conjunction with certain statutory provisions, as that may be in force from time to time, that imply warranties or conditions or impose obligations on Licensor that cannot be excluded or modified. If any such provisions apply, then to the extent Licensor is able, Licensor hereby limits its liability for breach of those provisions to one of the following: providing you a replacement copy of the Software Program or reimbursement of the greater of the price paid for the Software Program or five U.S. dollars (or the equivalent in local currency).
The Software Program may include internet links to other software applications and/or Internet sites hosted and operated by third parties unaffiliated with Licensor. You acknowledge and agree that Licensor is not responsible in any way for the hosting, performance, operation, maintenance, or content of, such software applications and/or Internet sites.
2. LIMITATION OF REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL LIABILITY OF LICENSOR UNDER THIS SOFTWARE LICENSE AGREEMENT IS EXPRESSLY LIMITED TO THE GREATER OF THE PRICE PAID FOR THE SOFTWARE PROGRAM AND FIVE U.S. DOLLARS (OR THE EQUIVALENT IN LOCAL CURRENCY). YOUR SOLE REMEDY AGAINST LICENSOR IN ANY DISPUTE UNDER THIS SOFTWARE LICENSE AGREEMENT SHALL BE TO SEEK TO RECOVER ONE OF THESE AMOUNTS, UPON PAYMENT OF WHICH LICENSOR SHALL BE RELEASED AND DISCHARGED OF ALL FURTHER OBLIGATIONS AND LIABILITY TO YOU.
IN NO EVENT WILL LICENSOR, ITS SUPPLIERS, SUBSIDIARIES, OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUES, LOST SAVINGS, INTERRUPTION OF USE OR ANY LOSS OF, INACCURACY IN, OR DAMAGE TO, DATA OR RECORDS, FOR CLAIMS OF THIRD PARTIES, OR DAMAGE TO REAL OR TANGIBLE PROPERTY, FOR LOSS OF PRIVACY), IN CONNECTION WITH THE SOFTWARE PROGRAM, INCLUDING WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM (a) THE USE OR INABILITY TO USE THE SOFTWARE PROGRAM, (b) THE COST OF PROCURING SUBSTITUTE SOFTWARE, OR (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY OR CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), AND EVEN IF LICENSOR, OR ITS SUPPLIERS, AFFILIATES, OR REMARKETERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY YOU BASED ON A THIRD-PARTY CLAIM, EXCEPT TO THE EXTENT THIS EXCLUSION OF DAMAGES IS DETERMINED LEGALLY INVALID. THE FOREGOING LIMITATIONS APPLY EVEN IF THE ABOVE-STATED REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS.
3. LICENSE GRANT. Licensor grants you the following rights, provided you comply with all terms and conditions of this Software License Agreement:
a. Use. Except as provided below, you may Use one (1) copy of the Software Program. The term "Use" means storing, loading, installing, executing, or displaying the Software Program. Copies or versions of Software Program which are identified as trial, test or evaluation copies or versions ("Trial Versions") may be Used by Licensee for internal evaluation purposes only and shall not be relied upon in any manner by Licensee. If Licensor has licensed the Software Program to you for concurrent use or use with a specified and limited number of devices, you must limit the number of authorized users or copies/devices to the number specified in your agreement with Licensor. You may not separate the components of the Software Program for use on more than one computer. You agree that you will not Use the Software Program, in whole or in part, in any manner that has the effect of overriding, modifying, eliminating, obscuring, altering or de-emphasizing the visual appearance of any trademark, trade name, trade dress or intellectual property notice that appears on any computer display screens normally generated by, or as a result of, the Software Program. No license to distribute the Software Program in any form is granted under this Software License Agreement.
b. Copying. You may make one (1) copy of the Software Program solely for purposes of backup, archiving, or installation, provided the copy contains all of the original Software Program's proprietary notices. You may not copy the Software Program to any public or distributed network.
4. RESERVATION OF RIGHTS. The Software Program, including all fonts, is copyrighted and owned by Licensor and/or its suppliers. Licensor reserves all rights not expressly granted to you in this Software License Agreement.
5. FREEWARE. Notwithstanding the terms and conditions of this Software License Agreement, all or any portion of the Software Program that constitutes software provided under public license by third parties ("Freeware") is licensed to you subject to the terms and conditions of the software license agreement accompanying such Freeware, whether in the form of a discrete agreement, shrink-wrap license, or electronic license terms at the time of download or installation. Use of the Freeware by you shall be governed entirely by the terms and conditions of such license.
6. LIMITATION ON REVERSE ENGINEERING. You may not alter, decrypt, reverse engineer, reverse assemble, reverse compile or otherwise translate the Software Program or assist or otherwise facilitate others to do so, except as and to the extent expressly permitted to do so by applicable law for the purposes of inter-operability, error correction, and security testing. If you have such statutory rights, you will notify Licensor in writing of any intended reverse engineering, reverse assembly, or reverse compilation. You may not decrypt the Software Program unless necessary for the legitimate Use of the Software Program.
7. FEEDBACK. Licensee may, at its sole option, give Licensor suggestions, comments or other feedback relating to the Software Program ("Feedback"). However, Licensee agrees that: (i) Licensor may freely use, disclose, reproduce, license, distribute and otherwise commercialize the Feedback in any Licensor product, technology, service, specification or other documentation offered, manufactured, sold or distributed by Licensor ("Offering"); (ii) Licensee also grants third parties, without charge, only those patent rights necessary to enable their products, technologies or services to use or interface with any specific parts of a Licensor product, technology or service that incorporates the Feedback; and (iii) Licensee will not give Licensor Feedback that is subject to license terms that seek to require any Licensor Offering incorporating or derived from such Feedback, or other Licensor intellectual property, to be licensed to or otherwise shared with a third party. Licensee understands that Licensor is under no obligation to develop, license or otherwise make available any other version of any Trial Version(s) of the Software Program(s).
8. UPGRADES. To Use a Software Program identified as an upgrade, you must first be licensed to the original Software Program identified by Licensor as eligible for the upgrade. After upgrading, you may no longer use the original Software Program that formed the basis for your upgrade eligibility. Trial Versions of the Software Program are not eligible for upgrades.
9. ADDITIONAL SOFTWARE. This Software License Agreement applies to updates or supplements to the original Software Program provided by Licensor unless Licensor provides other terms along with the update or supplement.
10. TERM. Except as provided below, this Software License Agreement becomes effective on the date on which Licensor makes the Software Program available to You and continues in effect unless terminated or rejected. If Licensor has licensed the Software Program to you on a subscription basis or otherwise for a limited and specified period of time, this Software License Agreement shall continue in effect until the date specified in your agreement with Licensor. Trial versions of the Software Program will automatically cease to function at the end of the time period specified by Licensor. You may reject or terminate this license at any time by destroying all copies of the Software Program, together with all modifications, documentation, and merged portions in any form, or as otherwise described herein. Licensor may terminate your license upon notice if you fail to comply with any of the terms of this Software License Agreement. Upon such termination, you agree to destroy all copies of the Software Program together with all modifications, documentation, and merged portions in any form.
11. TAXES. You agree that you are responsible for payment of any taxes including, without limitation, any goods and services and personal property taxes, resulting from this Software License Agreement or your Use of the Software Program.
12. LIMITATION ON ACTIONS. No action, regardless of form, arising out of this Software License Agreement may be brought by either party more than two years after the cause of action has arisen, except as provided under applicable law.
13. APPLICABLE LAW. If you acquired this product in a country which is a member of the European Union, the laws of that country shall govern the interpretation of this Software License Agreement and any claims arising hereunder, regardless of choice of laws principles of any other jurisdiction. If you acquired this product in any other country, the laws of the Commonwealth of Kentucky, United States of America, shall govern the interpretation of this Software License Agreement and any claims arising hereunder, regardless of choice of laws principles of any other state. The UN Convention on Contracts for the International Sale of Goods shall not apply.
14. GOVERNMENT END USERS. The Software Program and any related documentation are "Commercial Items," as that term is defined in 48 C.F.R. 2.101, "Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7207-4, as applicable, the Commercial Computer Software and Commercial Software Documentation are licensed to the U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
15. CONSENT TO PROCESS AND TRANSFER DATA. You agree to comply with all applicable laws and regulations including, but not limited to, laws pertaining to the collection and use of personal data. You agree that Licensor, its affiliates, and agents may collect and process information (including any personal data) you provide or that is gathered or generated by the Software Program in relation to (i) any support services performed in connection with the Software Program and requested by you, (ii) enabling any functionality of the Software Program or services provided by Licensor, or (iii) enabling Licensor to perform any other services related to the Software Program as you and Licensor may agree. Licensor agrees to process the information only to the extent necessary to provide such services or enable the functionality of the Software Program. You represent that you have obtained or will obtain from individuals whose personal data Licensor is permitted to access under this Agreement any consents or authorizations related to processing of their personal data that are required by applicable law. You agree that Licensor may transfer your information to the United States or other countries for processing in accordance with this Section.
16. EXPORT RESTRICTIONS. You may not (a) acquire, ship, transfer, or reexport, directly or indirectly, the Software Program or any direct product therefrom, in violation of any applicable export laws or (b) permit the Software Program to be used for any purpose prohibited by such export laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.
17. AGREEMENT TO CONTRACT ELECTRONICALLY. You and Licensor agree to form this Software License Agreement electronically. This means that by downloading, installing and/or using the Software Program, you acknowledge your agreement to these Software License Agreement terms and conditions and that you are doing so with the intent to "sign" a contract with Licensor.
18. CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of the legal age of majority in the place you sign this Software License Agreement and, if applicable, you are duly authorized by your employer or principal to enter into this contract.
19. ENTIRE AGREEMENT. This Software License Agreement (including any addendum or amendment to this Software License Agreement that is included with the Software Program) is the entire agreement between you and Licensor relating to the Software Program. Except as otherwise provided for herein, this Software License Agreement supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software Program or any other subject matter covered by this Software License Agreement (except to the extent such extraneous terms do not conflict with the terms of this Software License Agreement, any other written agreement signed by you and Licensor relating to your use of the Software Program). To the extent any Licensor policies or programs for support services conflict with the terms of this Software License Agreement, the terms of this Software License Agreement shall control.
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