IMPORTANT NOTICE: PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS END-USER LICENSE AGREEMENT
(“AGREEMENT”) BEFORE BREAKING THIS SEAL AND OPENING THIS PACKAGE CONTAINING THE ST9500™ PLASTIC
STAPLE® ATTACHER (THE “PRODUCT”). AVERY DENNISON CORPORATION AND/OR ANY OF ITS SUBSIDIARIES (“AVERY”) IS
WILLING TO LICENSE TO YOU (“YOU” OR “YOUR”) THE RIGHT TO USE THE PRODUCT ONLY ON THE CONDITION THAT YOU
ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY OPENING THIS PACKAGE, YOU AGREE TO THE
TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO
NOT OPEN THIS PACKAGE AND CONTACT AVERY CUSTOMER SERVICE FOR INFORMATION ON HOW TO OBTAIN A REFUND
OF THE MONEY YOU PAID, IF ANY, FOR THE PRODUCT (LESS SHIPPING, HANDLING, AND ANY APPLICABLE TAXES) AT ANY
TIME DURING THE NINETY (90) DAY PERIOD FOLLOWING THE DATE OF PURCHASE.
PATENT AND COPYRIGHT NOTICE: THE PRODUCT IS COVERED BY U.S. PATENT NO. 5,433,366 (THE “PATENT”) AND/OR
CERTAIN PATENTS APPLIED FOR. THE PRODUCT ALSO CONTAINS SOFTWARE PROTECTED BY COPYRIGHT.
1. License. Subject to the terms and conditions of this Agreement, Avery grants to You a limited, personal, non-exclusive license to use the
Product.
2. NOTICE--Third Party Fasteners. The Product was designed to operate with original Avery plastic fasteners. Use of third-party plastic
fasteners may result in Product performance problems and/or quality risks in resulting byproducts. Accordingly, unless otherwise authorized by
Avery in writing, THE LIMITED WARRANTY OFFERED IN SECTION 3 BELOW WILL NOT APPLY TO THE EXTENT THAT YOU USE
THE PRODUCT WITH THIRD-PARTY FASTENERS.
3. Limited Warranty. Avery warrants that the Product will be free from defects in material and workmanship for a period of ninety (90) days
(or the period stated on the specific product information literature in effect at time of delivery, if longer) after the date of shipment. It is expressly
understood and agreed that Avery's sole obligation and Your exclusive remedy under this warranty, under any other warranty (if applicable),
express or implied, or otherwise, shall be limited to, at Avery’s discretion: (i) the replacement of the defective Product, at no additional cost to you;
(ii) the repair of the defective Product, which repair will be made at Avery’s own facility or at the location of the Product, at no additional cost to
You; or (iii) if Avery determines that replacement or repair is not commercially practical, a reasonable credit in light of the defect in the Product,
which credit shall in no event exceed the purchase price You paid for the Product.
4. Limitation of Liability. SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS SET FORTH BELOW MAY NOT
APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH
HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL AVERY BE LIABLE TO YOU FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS, ARISING OUT OF THE USE OR
INABILITY TO USE THE PRODUCT, EVEN IF AVERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL AVERY'S LIABILITY EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT, IF ANY.
AVERY’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT
PAID FOR THE PRODUCT, IF ANY.
5. Governing Law.This Agreement shall be governed by and construed in accordance with the substantive laws in force in the State of
California if You purchased the Product in the United States. This Agreement will not be governed by the conflict of law rules of any jurisdiction
or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
6. General Provisions.If any part of this Agreement is found void and 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 by a writing signed by
an authorized officer of Avery. This is the entire agreement between Avery and You relating to the Product and it supersedes any prior
representations, discussions, undertakings, communications or advertising relating to the Product.
