SEIKO EPSON CORPORATION
SOFTWARE LICENSE AGREEMENT
IMPORTANT! READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY. The software product, fontware, typefaces and/or data, including any accompanying explanatory written materials (the "Software") should only be installed or used by the Licensee ("you") on the condition you agree with SEIKO EPSON CORPORATION ("EPSON") to the terms and conditions set forth in this Agreement. By installing or using the Software, you are representing to agree all the terms and conditions set forth in this Agreement. You should read this Agreement carefully before installing or using the Software. If you do not agree with the terms and conditions of this Agreement, you are not permitted to install or use the Software.
EPSON and its suppliers grant you a personal, nonexclusive, royalty-free, non-sublicensable limited license to install and use the Software on EPSON’s head-mounted display products ("Products"). You may allow other users to use the Software, provided that you (a) ensure that all such users agree and are bound by the terms and conditions of this Agreement, (b) ensure that all such users use the Software only in conjunction with the Products and in relation to the network of which they form part, and (c) indemnify and hold harmless whole EPSON and its suppliers against all damages, losses, costs, expenses and liabilities which EPSON or its suppliers may incur as a consequence of such users failing to observe and perform the terms and conditions of this Agreement. By using the Software, such users shall be deemed to agree with the terms and conditions of this Agreement. The term "Software" shall include the software components, media, any upgrades, modified versions, updates, and additions licensed to you by EPSON or its suppliers. EPSON and its suppliers reserve all rights not granted herein.
Disposal of the Products.
Software may preserve some information, including your login ID to Moverio Apps Market. If you want to sell, or otherwise dispose your Products, you shall delete all information preserved in Software in accordance with "Reference guide" published by EPSON. You shall dispose your Products at your own risk.
Other Rights and Limitations.
You agree not to copy, modify, adapt or translate the Software. You also agree not to attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You may not share, rent, lease, encumber, sublicense or lend the Software. You may, however, transfer all your rights to use the Software to another person or legal entity provided that you transfer this Agreement and the Software to such person or entity. Some states or jurisdictions, however, do not allow the restriction or limitation on transfer of the Software, so the above limitations may not apply to you.
Title, ownership rights, and intellectual property rights in and to the Software shall remain with EPSON or its suppliers. There is no transfer to you of any title to or ownership of the Software and this license shall not be construed as a sale of any rights in the Software. The Software is protected by Japanese Copyright Law and international copyright treaties, as well as other intellectual property laws and treaties.
Protection and Security.
You agree to use your best efforts and take all reasonable steps to safeguard the Software to ensure that no unauthorized person has access to them and that no unauthorized copy, publication, disclosure or distribution of any of the Software is made. You acknowledge that the Software contains valuable, confidential information and trade secrets, that unauthorized use and copying are harmful to EPSON and its suppliers, and that you have a confidentiality obligation as to such valuable information and trade secrets.
You acknowledge and agree that the use of the Software is at your sole risk. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND. EPSON AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EPSON AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction.
IN NO EVENT WILL EPSON OR ITS SUPPLIERS BE LIABLE TO YOU, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OR WARRANTY, MISREPRESENTATION OR OTHERWISE, FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF EPSON, ITS SUPPLIERS OR ANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions, however, do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitations may not apply to you.
Without prejudice to any other rights EPSON has, this Agreement shall automatically terminate in case that (i) you fail to comply with its terms, (ii) EPSON's suppliers revoke the license to EPSON or (iii) EPSON determines to terminate Moverio Apps Market service. You may also terminate this Agreement at any time by selling or otherwise disposing the Products.
You agree not to transfer, export or re-export the Software and any data or information which you obtained from EPSON or use the Software without a proper license under Japanese law, restrictions and regulations, or the laws of the jurisdiction in which the Software is obtained.
Governing Law and General Provisions.
This Agreement shall be governed and construed under by the laws of Japan without regard to its conflicts of law rules. This Agreement is the entire agreement between the parties with respect to the Software, and supersedes any purchase order, communication, advertisement, or representation concerning the Software. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, assigns and legal representatives. If any provision herein is found void or unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement may be modified by EPSON at any time, provided EPSON shall notify such modification to you via network. The modified agreement will be deemed accepted by you if you continue to use the Software after you receive the notification by EPSON.
U.S. Government End Users.
If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees: (i) if the Software is supplied to the Department of Defense (DoD), the Software is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Software and its documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and (ii) if the Software is supplied to any unit or agency of the United States Government other than DoD, the Government's rights in the Software and its documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA supplement to the FAR.
Updating Software Version.
The Software may have the ability to connect over the Internet to a server of EPSON or any third party entrusted by EPSON in order to update the software version (i)automatically or (ii)with your consent in advance. Such updated software shall be deemed to be the Software and be governed by this Agreement.