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diff --git a/licenses/EPSON-2018 b/licenses/EPSON-2018 deleted file mode 100644 index 3b1dce3e4a28..000000000000 --- a/licenses/EPSON-2018 +++ /dev/null @@ -1,476 +0,0 @@ -Please read out COPYING.EPSON and Privacy Statement -(http://download.ebz.epson.net/ps/linux/). - -EPSON END USER SOFTWARE LICENSE AGREEMENT - -NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING -THIS PRODUCT. IF YOU ARE LOCATED IN THE UNITED STATES, SECTIONS 19-23 OF THIS -DOCUMENT APPLY TO YOU. SECTION 22 CONTAINS A BINDING ARBITRATION PROVISION THAT -LIMITS YOUR ABILITY TO SEEK RELIEF IN A COURT BEFORE A JUDGE OR JURY, AND WAIVES -YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS FOR CERTAIN -DISPUTES. AN “OPT-OUT” IS AVAILABLE UNDER SECTION 22.7 FOR THOSE WHO WISH TO BE -EXCLUDED FROM THE ARBITRATION AND CLASS WAIVER. - -This is a legal agreement (“Agreement”) between you (an individual or entity, -referred to hereinafter as “you”) and Seiko Epson Corporation (including its -affiliates, “Epson”) for the enclosed software programs, including any related -documentation, firmware, or updates (collectively referred to hereinafter as the -“Software”). The Software is provided by Epson and its suppliers for use only -with the corresponding Epson brand computer peripheral product (the “Epson -Hardware”). BEFORE INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU NEED -TO REVIEW AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT INCLUDING THE -EPSON PRIVACY POLICY stated in Section 17. If you agree, click on the Agree -(“ACCEPT”, “OK” or any similar representation of agreement) button below. If -you do not agree with the terms and conditions of this Agreement, click on the -Disagree (“EXIT”, “Cancel” or any similar representation of disagreement) button -and return the Software, along with the packaging and related materials, to -Epson or the place of purchase for a full refund. - -1. Grant of License. Epson grants you a limited, nonexclusive license to (i) -download, install and use the Software for your personal and internal business -use on hard disks or other computer storage devices, or in the case of a -software application (also referred to as “Software”), on the smartphone, -tablet, or other mobile device (collectively, “Device”), provided that the -Software is used (i) only in a single location (e.g., a home or office or place -of business), or in the case of a mobile device, on a Device owned or otherwise -controlled by you, and (ii) only in connection with Epson Hardware owned by you. - You may allow other users of the Epson Hardware connected to your network to -use the Software, provided that you shall ensure that such users use the -Software only in accordance with this Agreement. You agree to be responsible -for and indemnify Epson for liabilities incurred as a consequence of use by such -users. You may make backup copies of the Software, as necessary, provided the -backup is only used to support your use of the Epson Hardware. - -2. Upgrades and Updates. If you acquire an upgrade, updated version, modified -version, or additions to or for the Software from Epson, the upgrade, updated -version, modified version, or addition, shall be included in the defined term -Software and governed by this Agreement. You acknowledge that Epson has no -obligation to provide you with any Updates (as defined below in this Section 2) -to the Software. Epson may, however, from time to time, issue updated versions -of the Software and the Software may automatically connect to Epson or -third-party servers via the Internet to check for available updates to the -Software, such as bug fixes, patches, upgrades, additional or enhanced -functions, plug-ins and new versions (collectively, “Updates”) and may either -(a) automatically electronically update the version of the Software that you are -using on your personal device or (b) give you the option of manually downloading -applicable Updates. If you installed the EPSON Software Updater and do not wish -to allow Epson to check for available updates to the Software, you may disable -this feature by uninstalling EPSON Software Updater. By installing the Software -and not disabling any automated check for Updates, if applicable, you hereby -agree and consent to automatically request and receive Updates from Epson or -third-party servers, and that the terms and conditions of this Agreement shall -apply to all of these Updates. - -3. Other Rights and Limitations. You agree not to modify, adapt or translate -the Software and further agree not to attempt to reverse engineer, decompile, -disassemble or otherwise attempt to discover the source code of the Software. -You may not rent, lease, distribute, lend the Software to third parties or -incorporate the Software into a revenue generating product or service. You may, -however, transfer all of your rights to use the Software to another person or -legal entity, provided that the recipient also agrees to the terms of this -Agreement and you transfer the Software, including all copies, updates and prior -versions, and the Epson Hardware, to such person or entity. The Software is -licensed as a single unit, and its component programs may not be separated for -some other use. Further, you agree not to place the Software onto or into a -shared environment accessible via a public network such as the Internet or -otherwise accessible by others outside the single location referred to in -Section 1 above. - -4. Ownership. Title, ownership rights, and intellectual property rights in and -to the Software shall remain with Epson or its licensors and suppliers. The -Software is protected by United States Copyright Law, copyright laws of Japan -and international copyright treaties, as well as other intellectual property -laws and treaties. 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. You agree not to remove or alter any copyright, trademark, -registered mark and other proprietary notices on any copies of the Software. -Epson and/or its licensors and suppliers reserve all rights not granted. The -Software may also contain images, illustrations, designs and photos -(“Materials”), and the copyright of such material belongs to Epson and/or its -licensors and suppliers, protected by national and/or international intellectual -property laws, conventions and treaties. For clarity, (1) the Materials shall -be used for non-commercial purposes only, (2) the Materials shall be edited, -adjusted and copied only in the manner designated by the Software, and (3) you -may use the Materials only for lawful personal use, home use or as otherwise -legally permitted. - -5. Open Source and Other Third-Party Components. Notwithstanding the foregoing -license grant, you acknowledge that certain components of the Software may be -covered by third-party licenses, including so-called “open source” software -licenses, which means any software licenses approved as open source licenses by -the Open Source Initiative or any substantially similar licenses, including -without limitation any license that, as a condition of distribution of the -software licensed under such license, requires that the distributor make the -software available in source code format (such third-party components, -“Third-Party Components”). A list of Third-Party Components, and associated -license terms (as required), for particular versions of the Software is -indicated at the end of this Agreement, relevant user manual/CD, or the license -information displayed on your Device/in Software. To the extent required by the -licenses covering Third-Party Components, the terms of such licenses will apply -in lieu of the terms of this Agreement. To the extent the terms of the licenses -applicable to Third-Party Components prohibit any of the restrictions in this -Agreement with respect to such Third-Party Components, such restrictions will -not apply to such Third-Party Component. - -6. Multiple Versions of Software. You may receive or obtain the Software in -more than one version (e.g. for different operating environments; two or more -language translation versions; downloaded from an Epson server or on a CD-ROM), -however, regardless of the type or number of copies you receive, you still may -use only the media or version appropriate for the license granted in Section 1 -above. - -7. Disclaimer of Warranty and Remedy. If you obtained the Software by media -from Epson or a dealer, Epson warrants that the media on which the Software is -recorded will be free from defects in workmanship and materials under normal use -for a period of 90 days from the date of delivery to you. If the media is -returned to Epson or the dealer from which the media was obtained within 90 days -of the date of delivery to you, and if Epson determines the media to be -defective and provided the media was not subject to misuse, abuse, -misapplication or use in defective equipment, Epson will replace the media, upon -your return to Epson of the Software, including all copies of any portions -thereof. 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 does not warrant that the operation of -the Software will be uninterrupted, error free, free from viruses or other -harmful components or vulnerabilities, or that the functions of the Software -will meet your needs or requirements. Epson’s sole and exclusive liability and -your exclusive remedy for breach of warranty shall be limited to either, at -Epson’s option, the replacement of the media for the Software or to refund your -money upon returning the Software and Epson Hardware. Any replacement Software -will be warranted for the remainder of the original warranty period or thirty -(30) days, whichever is longer. If the above remedy fails for any reason, -Epson’s entire liability for a breach of warranty shall be limited to a refund -of the price paid for the Epson Hardware. Epson is not liable for performance -delays or for nonperformance due to causes beyond its reasonable control. This -Limited Warranty is void if failure of the Software resulted from accident, -abuse, or misapplication. THE STATED LIMITED WARRANTIES AND REMEDY ARE -EXCLUSIVE AND IN LIEU OF ALL OTHERS. EPSON DISCLAIMS ALL OTHER WARRANTIES, -EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF -NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SOME -STATES OR JURISDICTIONS, HOWEVER, DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF -IMPLIED WARRANTIES, AND IN SUCH STATES, THE ABOVE LIMITATION MAY NOT APPLY TO -YOU. - -8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, -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, OR ARISING OUT OF THIS AGREEMENT, EVEN IF EPSON OR ITS -REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES -DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TRANSACTIONS, AND -IN SUCH STATES, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY. - -9. U.S. Government Acquisition of the Software. This Section applies to all -acquisitions of the Software by or for the U.S. Government (“Government”), or by -any prime contractor or subcontractor (at any tier) under any contract, grant, -cooperative agreement, “other transaction” (“OT”), or other activity with the -Government. By accepting delivery of the Software, the Government, any prime -contractor, and any subcontractor agree that the Software qualifies as -“commercial” computer software within the meaning of FAR Part 12, paragraph (b) -of FAR Subpart 27.405, or DFARS Subpart 227.7202, as applicable, and that no -other regulation, or FAR or DFARS data rights clause, applies to the delivery of -this Software to the Government. Accordingly, the terms and conditions of this -Agreement govern the Government’s (and the prime contractor and subcontractor’s) -use and disclosure of the Software, and supersede any conflicting terms and -conditions of the contract, grant, cooperative agreement, OT, or other activity -pursuant to which the Software is delivered to the Government. If this Software -fails to meet the Government’s needs, if this Agreement is inconsistent in any -respect with Federal law, or if the above cited FAR and DFARS provisions do not -govern, the Government agrees to return the Software, unused, to Epson. - -10. Export Restriction. You agree that the Software 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. - -11. Entire Agreement. This Agreement is the entire agreement between the -parties related to the Software and supersedes any purchase order, -communication, advertisement, or representation concerning the Software. - -12. Binding Agreement; Assignees. This Agreement shall be binding upon, and -inure to the benefit of, the parties hereto and their respective successors, -assigns and legal representatives. - -13. Severability; Modifications. If any provision herein is found void or -unenforceable by a court of competent jurisdiction (subject to Section 22.8 and -22.9 if you are a located in the U.S.), 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 representative of Epson. - -14. Indemnification. You agree that you will indemnify and hold harmless, and -upon Epson’s request, defend Epson and its directors, officers, shareholders, -employees and agents from and against any and all losses, liabilities, damages, -costs, expenses (including reasonable attorneys’ fees), actions, suits, and -claims arising from (i) any breach of any of your obligations in this Agreement -or (ii) any use of the Software or the Epson Hardware. If Epson asks you to -defend any such action, suit or claim, Epson will have the right, at its own -expense, to participate in the defense thereof with counsel of its choice. You -will not settle any third-party claims for which Epson is entitled to -indemnification without the prior written approval of Epson. - -15. Termination. Without prejudice to any other rights Epson has, your license -rights under Section 1 above and your warranty rights under Section 7 above, -shall automatically terminate upon failure by you to comply with this Agreement. - Upon termination of such rights, you agree that the Software, and all copies -thereof, will be immediately destroyed. - -16. Capacity and Authority to Contract. You represent that you are of the legal -age of majority in your state or jurisdiction of residence and have all -necessary authority to enter into this Agreement, including, if applicable, due -authorization by your employer to enter into this Agreement. - -17. Privacy, Information Processing. The Software may have the ability to -connect over the Internet to transmit data to and from your Device. For -example, if you install the Software, the Software may cause your Device to send -information about your Epson Hardware such as model and serial number, country -identifier, language code, operating system information, and Epson Hardware -usage information to an Epson Internet site which may return promotional or -service information to your Device for display. Any processing of information -provided through the Software, shall be according to applicable data protection -laws and the Epson Privacy Policy located at -https://global.epson.com/privacy/area_select_confirm_eula.html. To the extent -permitted by applicable laws, by agreeing to the terms of this Agreement and by -installing the Software, you consent to the processing and storage of your -information in and/or outside your country of residence. If there is a specific -privacy policy incorporated into the Software and/or displayed when you use the -Software (for example, in the case of certain software application software), -such specific privacy policy shall prevail over the Epson Privacy Policy stated -above. - -18. Third Party Websites. You may, through hypertext or other computer links -from the Software, gain access to websites and use certain services that are not -under the control of or operated by Epson, but rather are controlled by third -parties. You acknowledge and agree that Epson is not responsible for such third -party sites or services, including their accuracy, completeness, timeliness, -validity, copyright compliance, legality, decency, quality, or any other aspect -thereof. These third party websites/services are subject to different terms and -conditions and when you access and use third party websites/services, you will -be legally bound by the terms and conditions of those websites/services. If -there is a conflict between this Agreement and terms and conditions of third -party websites/services, the third party websites’/services’ terms and -conditions will govern with respect to your access and use of those -websites/services. Although Epson may provide a link to a third party -website/service from the Software, such a link is not an authorization, -endorsement, sponsorship or affiliation by Epson with respect to such -website/services, its content, its owners or its providers. Epson provides such -links for your reference and convenience only. Accordingly, Epson makes no -representations whatsoever concerning such websites/services and does not -provide any support related to such third party sites or services. Epson has -not tested any information, products or software found on such websites/services -and therefore cannot make any representations whatsoever with respect thereto. -You agree that Epson is not responsible for the content or operation of such -websites/services, and it is up to you to take precautions to ensure that -whatever you select is free of items such as viruses, worms, Trojan horses and -other items of a destructive nature. You are solely responsible for determining -the extent to which you may use any content at any other websites/services to -which you link from this Software. - -(IF YOU ARE LOCATED IN THE UNITED STATES, THE FOLLOWING SECTIONS 19 - 23 APPLY -TO YOU) - -19. Ink Purchases. For certain Epson printer products sold in North America, -the Software may also display an option to buy ink from Epson. If you click on -the buy button, the Software will cause your Device to display Epson Hardware -cartridge types and ink levels and provide other information about your -cartridges, such as the colors, available cartridge sizes, and prices for -replacement ink cartridges, which you may purchase online from Epson. - -20. Downloadable Updates. You may also be able to download from an Epson -Internet site updates or upgrades to the Software if such updates or upgrades -are made available. If you agree to install the Software, any transmissions to -or from the Internet, and data collection and use, will be in accordance with -Epson’s then-current Privacy Policy, and by installing the Software you agree -that such then-current Privacy Policy shall govern such activities. - -21. Epson Accounts and Promotional Messages. In addition, if you install the -Software and register your Epson Hardware with Epson, and/or you create an -account at the Epson Store, and provided your consent to such use, you agree -that Epson may merge the data collected in connection with installation of the -Software, registration of your Epson Hardware and/or creation of your Epson -Store account, consisting of personal information and non-personally -identifiable information, and use such merged data to send you Epson promotional -or service information. If you do not wish to send information about your Epson -Hardware or receive promotional or service information, you will be able to -disable these features on a Windows system through the Monitoring Preferences -section in the driver. On a Mac operating system, you can disable these -features by uninstalling the Epson Customer Research Participation and Low Ink -Reminder software. - -22. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND -CLASS ARBITRATIONS - -22.1 Disputes. The terms of this Section 22 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, the -Software, Epson Hardware, 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 22.6, that a court, -not an arbitrator, may decide if a claim or cause of action is for an IP Claim. - -22.2 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 OR JURY IN A COURT PROCEEDING AND YOUR -GROUNDS FOR APPEAL ARE LIMITED. Pursuant to this Agreement, binding arbitration -shall be administered by JAMS, a nationally recognized arbitration authority, -pursuant to its code of procedures then in effect for consumer related disputes, -but excluding any rules that permit joinder or class actions in arbitration (for -more detail on procedure, see Section 22.6 below). You and Epson understand and -agree that (a) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the -interpretation and enforcement of this Section 22, (b) this Agreement -memorializes a transaction in interstate commerce, and (c) this Section 22 shall -survive termination of this Agreement. - -22.3 Pre-Arbitration Steps and Notice. Before submitting a claim for -arbitration, you and Epson agree to try, for sixty (60) days, to resolve any -Dispute informally. If Epson and you do not reach an agreement to resolve the -Dispute within the sixty (60) days, you or Epson may commence an arbitration. -Notice to Epson must be addressed to: Epson America, Inc., ATTN: Legal -Department, 3840 Kilroy Airport Way, Long Beach, CA 90806 (the “Epson Address”). - The Dispute Notice to you will be sent to the most recent address Epson has in -its records for you. For this reason, it is important to notify us if your -address changes by emailing us at EAILegal@ea.epson.com or writing us at the -Epson Address above. Notice of the Dispute shall include the sender’s name, -address and contact information, the facts giving rise to the Dispute, and the -relief requested (the “Dispute Notice”). Following receipt of the Dispute -Notice, Epson and you agree to act in good faith to resolve the Dispute before -commencing arbitration. - -22.4 Small Claims Court. Notwithstanding the foregoing, you may bring an -individual action in the small claims court of your state or municipality if the -action is within that court’s jurisdiction and is pending only in that court. - -22.5 WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND EPSON AGREE -THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL -CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE -PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR -CLASS ARBITRATIONS. CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE -ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A -REPRESENTATIVE CAPACITY ARE NOT ALLOWED. ACCORDINGLY, UNDER THE ARBITRATION -PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR -CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL -AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. - -22.6 Arbitration Procedure. If you or Epson commences arbitration, the -arbitration shall be governed by the rules of JAMS that are in effect when the -arbitration is filed, excluding any rules that permit arbitration on a class or -representative basis (the “JAMS Rules”), available at http://www.jamsadr.com or -by calling 1-800-352-5267, and under the rules set forth in this Agreement. All -Disputes shall be resolved by a single neutral arbitrator, and both parties -shall have a reasonable opportunity to participate in the selection of the -arbitrator. The arbitrator is bound by the terms of this Agreement. The -arbitrator, and not any federal, state or local court or agency, shall have -exclusive authority to resolve all disputes arising out of or relating to the -interpretation, applicability, enforceability or formation of this Agreement, -including any claim that all or any part of this Agreement is void or voidable. -Notwithstanding this broad delegation of authority to the arbitrator, a court -may determine the limited question of whether a claim or cause of action is for -an IP Claim, which is excluded from the definition of “Disputes” in Section 22.1 -above. The arbitrator shall be empowered to grant whatever relief would be -available in a court under law or in equity. The arbitrator may award you the -same damages as a court could, and may award declaratory or injunctive relief -only in favor of the individual party seeking relief and only to the extent -necessary to provide relief warranted by that party’s individual claim. In some -instances, the costs of arbitration can exceed the costs of litigation and the -right to discovery may be more limited in arbitration than in court. The -arbitrator’s award is binding and may be entered as a judgment in any court of -competent jurisdiction. - -You may choose to engage in arbitration hearings by telephone. Arbitration -hearings not conducted by telephone shall take place in a location reasonably -accessible from your primary residence, or in Orange County, California, at your -option. - -a) Initiation of Arbitration Proceeding. If either you or Epson decides to -arbitrate a Dispute, both parties agree to the following procedure: - -(i) Write a Demand for Arbitration. The demand must include a description of -the Dispute and the amount of damages sought to be recovered. You can find a -copy of a Demand for Arbitration at http://www.jamsadr.com (“Demand for -Arbitration”). - -(ii) Send three copies of the Demand for Arbitration, plus the appropriate -filing fee, to: JAMS, 500 North State College Blvd., Suite 600 Orange, CA 92868, -U.S.A. - -(iii) Send one copy of the Demand for Arbitration to the other party (same -address as the Dispute Notice), or as otherwise agreed by the parties. - -b) Hearing Format. During the arbitration, the amount of any settlement offer -made shall not be disclosed to the arbitrator until after the arbitrator -determines the amount, if any, to which you or Epson is entitled. The discovery -or exchange of non-privileged information relevant to the Dispute may be allowed -during the arbitration. - -c) Arbitration Fees. Epson shall pay, or (if applicable) reimburse you for, -all JAMS filings and arbitrator fees for any arbitration commenced (by you or -Epson) pursuant to provisions of this Agreement. - -d) Award in Your Favor. For Disputes in which you or Epson seeks $75,000 or -less in damages exclusive of attorney’s fees and costs, if the arbitrator’s -decision results in an award to you in an amount greater than Epson’s last -written offer, if any, to settle the Dispute, Epson will: (i) pay you $1,000 or -the amount of the award, whichever is greater; (ii) pay you twice the amount of -your reasonable attorney’s fees, if any; and (iii) reimburse you for any -expenses (including expert witness fees and costs) that your attorney reasonably -accrues for investigating, preparing, and pursuing the Dispute in arbitration. -Except as agreed upon by you and Epson in writing, the arbitrator shall -determine the amount of fees, costs, and expenses to be paid by Epson pursuant -to this Section 22.6d). - -e) Attorney’s Fees. Epson will not seek its attorney’s fees and expenses for -any arbitration commenced involving a Dispute under this Agreement. Your right -to attorney’s fees and expenses under Section 22.6(d) above does not limit your -rights to attorney’s fees and expenses under applicable law; notwithstanding the -foregoing, the arbitrator may not award duplicative awards of attorney’s fees -and expenses. - -22.7 Opt-out. You may elect to opt-out (exclude yourself) from the final, -binding, individual arbitration procedure and waiver of class and representative -proceedings specified in this Agreement by sending a written letter to the Epson -Address within thirty (30) days of your assent to this Agreement (including -without limitation the purchase, download, installation of the Software or other -applicable use of Epson Hardware, products and services) that specifies (i) your -name, (ii) your mailing address, and (iii) your request to be excluded from the -final, binding individual arbitration procedure and waiver of class and -representative proceedings specified in this Section 22. In the event that you -opt-out consistent with the procedure set forth above, all other terms shall -continue to apply, including the requirement to provide notice prior to -litigation. - -22.8 Amendments to Section 22. Notwithstanding any provision in this -Agreement to the contrary, you and Epson agree that if Epson makes any future -amendments to the dispute resolution procedure and class action waiver -provisions (other than a change to Epson’s address) in this Agreement, Epson -will obtain your affirmative assent to the applicable amendment. If you do not -affirmatively assent to the applicable amendment, you are agreeing that you will -arbitrate any Dispute between the parties in accordance with the language of -this Section 22 (or resolve disputes as provided for in Section 22.7, if you -timely elected to opt-out when you first assented to this Agreement). - -22.9 Severability. If any provision in this Section 22 is found to be -unenforceable, that provision shall be severed with the remainder of this -Agreement remaining in full force and effect. The foregoing shall not apply to -the prohibition against class or representative actions as provided in Section -22.5. This means that if Section 22.5 is found to be unenforceable, the entire -Section 22 (but only Section 22) shall be null and void. - -23. For New Jersey Residents. NOTWITHSTANDING ANY TERMS SET FORTH IN THIS -AGREEMENT, IF ANY OF THE PROVISIONS SET FORTH IN SECTIONS 7 OR 8 ARE HELD -UNENFORCEABLE, VOID OR INAPPLICABLE UNDER NEW JERSEY LAW, THEN ANY SUCH -PROVISION SHALL NOT APPLY TO YOU BUT THE REST OF THE AGREEMENT SHALL REMAIN -BINDING ON YOU AND EPSON. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, -NOTHING IN THIS AGREEMENT IS INTENDED TO, NOR SHALL IT BE DEEMED OR CONSTRUED -TO, LIMIT ANY RIGHTS AVAILABLE TO YOU UNDER THE TRUTH-IN-CONSUMER CONTRACT, -WARRANTY AND NOTICE ACT. - -Rev. December 2018 |