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.
