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Software license agreement – Printronix PrintNet Enterprise User Manual

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CAREFULLY READ THE FOLLOWING TERMS AND
CONDITIONS BEFORE USING THIS PRODUCT.
INSTALLATION INDICATES YOUR ACCEPTANCE OF
THESE TERMS AND CONDITIONS. PROMPTLY REMOVE
ALL FILES RELATED TO THIS PRODUCT FROM YOUR
HOST PLATFORM SHOULD YOU DISAGREE WITH ANY OF
THE TERMS OR CONDITIONS LISTED BELOW.

1.

“Software” shall mean the digitally encoded, machine-
readable data and program. The term “Software Product”
includes the Software identified on the distribution media
and any accompanying documentation. The term
“Distribution Media” refers to any method by which the
Software Product is delivered to the end user, including but
not limited to Floppy Disks, CD-ROM, Magnetic Tape and
On-Line distribution via the Internet. 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.

2.

You agree to accept a non-exclusive license to use the
Software identified on the distribution media solely for your
own customary business or personal purposes.

3.

To protect the proprietary rights of Printronix, Inc., you
agree to maintain the Software Product and other
proprietary information concerning the Software Product in
strict confidence and to establish reasonable procedures
regulating access to and use of the software.

4.

You agree not to duplicate or copy the Software except that
you may make one backup copy. You agree that any such
copy shall contain the same proprietary notices as those
appearing on the original.

5.

You shall not sublicense, sell, lease, or otherwise transfer
all or any portion of the Software Product separate from the
printer(s), without the prior written consent of Printronix,
Inc.

6.

You may not modify or prepare derivative works of the
Software Product. 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.

7.

You may transfer the Software Product with the printer(s),
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(s).

8.

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 either return to the place
you obtained them, or destroy, the printer and all copies of
the Software and documentation.

9.

Printronix, Inc. warrants that for ninety (90) days after
delivery, the Software will perform in accordance with
specifications published by Printronix, Inc., and that the
distribution media will be free from defects in material and
workmanship. Printronix, Inc. does not warrant that the
Software is free from all bugs, errors and omissions.

THE PARTIES AGREE THAT ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE AND
MERCHANTABILITY ARE EXCLUDED.

10. Your exclusive remedy and the sole liability of Printronix,

Inc. in connection with the Software is replacement of
defective distribution media upon their return to Printronix,
Inc. 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.

Printronix does not w arrant 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 reserves the right to make changes and/or
improvements in the Software without notice at any time.

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
PRINTRONIX HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR ANY DAMAGES CAUSED BY 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.

11. California law governs this Agreement.

12. 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).

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 INSTALLING THIS SOFTWARE PRODUCT, YOU
AGREE TO ACCEPT THE TERMS AND-CONDITIONS OF
THIS AGREEMENT.

Software License Agreement