Epson C823781 EPSON Software Installation Instructions - Page 27

5. Remedy. Licensee's entire and exclusive liability and remedy under this warranty shall be limited to, at Epson's option, either the replacement of the Software or a refund of the license fee paid by Licensee for the Software. This Limited Warranty is void if failure of the Software resulted from accident, abuse, or misapplication. 6. Limitation of Liability. IN NO EVENT WILL EPSON OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, WHATSOEVER, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, whether arising under contract, tort (including negligence), strict liability, breach of warranty, misrepresentation, or otherwise, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF EPSON OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7. U.S. Government Restricted Rights. The Software and Documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFAR25.27-7013 or subparagraph (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable, and any amendments thereto. 8. Export Restriction. Licensee agrees that the Software and Documentation will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. 9. Governing Law and General Provisions. This Agreement shall be governed by and construed under the laws in the State of California without regard to its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. This Agreement is the entire agreement between the parties related to the Software and Documentation 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 only be modified in writing signed by an authorized officer of Epson. Without prejudice to any other rights Epson has, this Agreement shall automatically terminate upon failure by Licensee to comply with its terms. In Canada. The parties to this Agreement confirm that it is their wish that this Agreement shall be drawn up in the English language only. Les parties aux présentes confirment leur volenté que cette convention de même que tous les documents, y compris tous avis, qui s'y rattache, soient rédigés en langue anglaise seulement. Should Licensee have any questions concerning this Agreement, kindly write: Epson America, Inc., Legal Affairs Department, 3840 Kilroy Airport Way, Long Beach, CA 90806-2469 USA. Software Installation Guide 27