Epson ProSense 347 Users Guide - Page 83

Copyright Notice All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Seiko Epson Corporation. The information contained herein is designed only for use with this Epson product. Epson is not responsible for any use of this information as applied to other products. Neither Seiko Epson Corporation nor its affiliates shall be liable to the purchaser of this product or third parties for damages, losses, costs, or expenses incurred by purchaser or third parties as a result of: accident, misuse, or abuse of this product or unauthorized modifications, repairs, or alterations to this product, or (excluding the U.S.) failure to strictly comply with Seiko Epson Corporation's operating and maintenance instructions. Seiko Epson Corporation shall not be liable for any damages or problems arising from the use of any options or any consumable products other than those designated as Original Epson Products or Epson Approved Products by Seiko Epson Corporation. Seiko Epson Corporation shall not be held liable for any damage resulting from electromagnetic interference that occurs from the use of any interface cables other than those designated as Epson approved Products by Seiko Epson Corporation. This information is subject to change without notice. Parent topic: Notices Binding Arbitration and Class Waiver 1. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS 1.1 Disputes. The terms of this Section 1 shall apply to all Disputes between you and Epson. The term "Dispute" is meant to have the broadest meaning permissible under law and includes any dispute, claim, controversy or action between you and Epson arising out of or relating to this Agreement, Epson branded products (hardware and including any related software), or other transaction involving you and Epson, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis. "DISPUTE" DOES NOT INCLUDE IP CLAIMS, or more specifically, a claim or cause of action for (a) trademark infringement or dilution, (b) patent infringement, (c) copyright infringement or misuse, or (d) trade secret misappropriation (an "IP Claim"). You and Epson also agree, notwithstanding Section 1.6,that a court, not an arbitrator, may decide if a claim or cause of action is for an IP Claim. 1.2 Binding Arbitration. You and Epson agree that all Disputes shall be resolved by binding arbitration according to this Agreement. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE 83