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, 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, 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, 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, Inc. warrants that for ninety (90) days after delivery, the
Software will perform in accordance with specifications published
by Printronix, Inc. Printronix, 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, 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, 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, Inc. reserves the right to make changes and/or
improvements in the Software without notice at any time.
2. IN NO EVENT WILL PRINTRONIX, 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 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, 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, Inc. or by
Printronix, 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 (b)
(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.
READ THIS SOFTWARE LICENSE AGREEMENT BEFORE USING THIS PRINTER
