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READ THIS SOFTWARE LICENSE AGREEMENT BEFORE USING THIS PRINTER
Software License Agreement
CAREFULLY READ THE FOLLOWING TERMS AND
CONDITIONS BEFORE USING THIS PRINTER. USING
THIS PRINTER INDICATES YOUR ACCEPTANCE OF
THESE TERMS AND CONDITIONS. IF YOU DO NOT
AGREE TO THESE TERMS AND CONDITIONS,
PROMPTLY RETURN THE PRINTER AND ALL
ACCOMPANYING HARDWARE AND WRITTEN
MATERIALS TO THE PLACE YOU OBTAINED THEM,
AND YOUR MONEY WILL BE REFUNDED.
Definitions.
"Software" shall mean the digitally encoded, machine-
readable data and program. The term "Software Product"
includes the Software resident in the printer and its
documentation. The Software Product is licensed (not sold)
to you, and Printronix Auto ID Technology, Inc. either owns
or licenses from other vendors who own, all copyright,
trade secret, patent and other proprietary rights in the
Software Product.
License.
1. Authorized Use. You agree to accept a non-exclusive
license to use the Software resident in the printer
solely for your own customary business or personal
purposes.
2. Restrictions.
a. To protect the proprietary rights of Printronix Auto
ID Technology, Inc., you agree to maintain the
Software Product and other proprietary information
concerning the typefaces in strict confidence.
b. You agree not to duplicate or copy the Software
Product.
c. You shall not sublicense, sell, lease, or otherwise
transfer all or any portion of the Software Product
separate from the printer, without the prior written
consent of Printronix Auto ID Technology, Inc.
d. You may not modify or prepare derivative works of
the Software Product.
e. You may not transmit the Software Product over a
network, by telephone, or electronically using any
means; or reverse engineer, decompile or
disassemble the Software.
f.
You agree to keep confidential and use your best
efforts to prevent and protect the contents of the
Software Product from unauthorized disclosure or
use.
3. Transfer. You may transfer the Software Product with
the printer, but only if the recipient agrees to accept
the terms and conditions of this Agreement. Your
license is automatically terminated if you transfer the
Software Product and printer.
Limited Software Product Warranty
Printronix Auto ID Technology, Inc. warrants that for ninety
(90) days after delivery, the Software will perform in
accordance with specifications published by Printronix
Auto ID Technology, Inc. Printronix Auto ID Technology,
Inc. does not warrant that the Software is free from all
bugs, errors and omissions.
Remedy
Your exclusive remedy and the sole liability of Printronix
Auto ID Technology, Inc. in connection with the Software is
replacement of defective software with a copy of the same
version and revision level.
Disclaimer of Warranties and Limitation of Remedies
1.
THE PARTIES AGREE THAT ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE AND MERCHANTABILITY
ARE EXCLUDED.
Printronix Auto ID Technology, Inc. does not warrant
that the functions contained in the Software will meet
your requirements or that the operation of the
Software will be uninterrupted or error free. Printronix
Auto ID Technology, Inc. reserves the right to make
changes and/or improvements in the Software
without notice at any time.
2.
IN NO EVENT WILL PRINTRONIX AUTO ID
TECHNOLOGY, INC. BE LIABLE FOR LOST
PROFITS, LOST DATA, BUSINESS
INTERRUPTIONS, OR ANY OTHER DIRECT,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE THIS PRODUCT, EVEN IF
PRINTRONIX AUTO ID TECHNOLOGY, INC. HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR ANY DAMAGES CAUSED BY THE
ABUSE OR MANIPULATION OF THE SOFTWARE.
SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES,
SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
3.
Printronix Auto ID Technology, Inc. will not be liable
for any loss or damage caused by delay in furnishing
a Software Product or any other performance under
this Agreement.
4.
Our entire liability and your exclusive remedies for
our liability of any kind (including liability for
negligence except liability for personal injury caused
solely by our negligence) for the Software Product
covered by this Agreement and all other performance
or nonperformance by us under or related to this
Agreement are limited to the remedies specified by
this Agreement.
5.
California law governs this Agreement.
Termination of License Agreement
This License shall continue until terminated. This license
may be terminated by agreement between you and
Printronix Auto ID Technology, Inc. or by Printronix Auto ID
Technology, Inc. If you fail to comply with the terms of this
License and such failure is not corrected within thirty (30)
days after notice. When this License is terminated, you
shall return to the place you obtained them, the printer and
all copies of the Software and documentation.
U.S. Government Restricted Rights
Use, duplication or disclosure by the Government is
subject to restrictions as set forth in the Rights in Technical
Data and Computer Software clause at FAR 242.227-7013,
subdivision
1 (3) (ii) or subparagraph (c) (1) (ii), as appropriate.
Further use, duplication or disclosure is subject to
restrictions applicable to restricted rights software as
set forth in FAR 52.227-19 (c) (2).
Acknowledgement of Terms and Conditions
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT, AND AGREE TO BE
BOUND BY ITS TERMS AND CONDITIONS. NEITHER
PARTY SHALL BE BOUND BY ANY STATEMENT OR
REPRESENTATION NOT CONTAINED IN THIS
AGREEMENT. NO CHANGE IN THIS AGREEMENT IS
EFFECTIVE UNLESS WRITTEN AND SIGNED BY
PROPERLY AUTHORIZED REPRESENTATIVES OF
EACH PARTY. BY USING THIS PRINTER, YOU AGREE
TO ACCEPT THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
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