key: epson-linux-sla-2023
short_name: Epson EULA 2023
name: Epson End User Software License Agreement 2023
category: Proprietary Free
owner: Epson
homepage_url: https://download.ebz.epson.net/la/linux/inkjet_for_linux.html
spdx_license_key: LicenseRef-scancode-epson-linux-sla-2023
ignorable_urls:
  - http://www.jamsadr.com/
  - https://global.epson.com/privacy/area_select_confirm_eula.html
  - https://support.epson.net/terms
  - https://www.fedarb.com/
ignorable_emails:
  - EAILegal@ea.epson.com
text: "EPSON END USER SOFTWARE LICENSE AGREEMENT\n\nNOTICE TO USER: PLEASE READ THIS AGREEMENT\
  \ CAREFULLY BEFORE INSTALLING OR USING THIS PRODUCT.\n\nIF 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.\n\nIF YOU ACQUIRE THIS PRODUCT IN AUSTRALIA, SECTIONS 24-36\
  \ OF THIS DOCUMENT MAY APPLY TO YOU. SECTIONS 25 AND 28 DESCRIBE WHEN THESE SECTIONS MAY APPLY.\
  \ SECTIONS 24-36 SET OUT MANDATORY STATUTORY PROTECTIONS WHICH CANNOT BE EXCLUDED UNDER LAW.\
  \ WHERE INDICATED, OTHER TERMS IN THIS AGREEMENT ARE SUBJECT TO SECTIONS 24-36.\n\nThis 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 any. 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 if any and return the Software, along with the packaging and related\
  \ materials, to Epson or the place of purchase for a full refund.\n\n1.    Grant of License.\n\
  \nSubject to Section 28 (which may apply to you if you acquire goods and services from Epson\
  \ in Australia), Epson grants you a limited, nonexclusive license to 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.\n\n2.    Upgrades and Updates.\n\
  \nSubject to Section 28 (which may apply to you if you acquire goods and services from Epson\
  \ in Australia),  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. In case you installed the EPSON Software Updater separately but 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.\n\n3.    Other Rights and Limitations.\n\
  \nYou 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.\n\n4.    Ownership.\n\
  \nTitle, 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.\n\n5.    Open Source and Other Third-Party Components.\n\
  \nNotwithstanding 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 https://support.epson.net/terms/,\
  \ 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.\n\n6.    Multiple Versions of\
  \ Software.\n\nYou 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.\n\n7.    Disclaimer of Warranty and Remedy. \n\nSubject to Section 25 (which may\
  \ apply to you if you acquire goods and services from Epson in Australia), 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.\n\n8.    Limitation of Liability.\n\
  \nSubject to Sections 25 and/or 28 (which may apply to you if you acquire goods and services\
  \ from Epson in Australia), 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.\n\n9.    U.S. Government Acquisition of the Software.\n\n\
  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.\n\n10.  \
  \  Export Restriction.\n\nYou 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.\n\n11.    Entire Agreement.\n\
  \nSubject to Section 28 (which may apply to you if you acquire goods and services from Epson\
  \ in Australia), 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.\n\n12.    Binding Agreement; Assignees.\n\nThis Agreement shall\
  \ be binding upon, and inure to the benefit of, the parties hereto and their respective successors,\
  \ assigns and legal representatives.\n\n13.    Severability; Modifications.\n\nIf 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.\
  \ Subject to Section 28 (which may apply to you if you acquire goods and services from Epson\
  \ in Australia), his Agreement may only be modified in writing signed by an authorized representative\
  \ of Epson.\n\n14.    Indemnification.\n\nSubject to Section 28 (which may apply to you if\
  \ you acquire goods and services from Epson in Australia), 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.\n\n15.    Termination.\n\nSubject to Section\
  \ 28 (which may apply to you if you acquire goods and services from Epson in Australia), 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.\n\n16.    Capacity and Authority\
  \ to Contract.\n\nSubject to Section 28 (which may apply to you if you acquire goods and services\
  \ from Epson in Australia), 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.\n\
  \n17.    Privacy, Information Processing.\n\nThe 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. Furthermore, this website uses Google Analytics to\
  \ gather and analyze your access log to this website and your download. Google Analytics uses\
  \ \"cookies\" to collect standard internet log information and visitor behavior information\
  \ in an anonymous form. You may block a Cookie or set your browser to issue a warning before\
  \ receiving a Cookie in order to deny acceptance of a Cookie. If you block a Cookie, part(s)\
  \ of this website and download the Software may become unavailable to you. Access Log is under\
  \ control of the Google Analytics Terms of Service, you should read it before using this website.\n\
  \n18.    Third Party Websites.\n\nYou 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. 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.\n\n(IF YOU ARE LOCATED IN THE UNITED STATES, THE FOLLOWING SECTIONS 19-23 APPLY\
  \ TO YOU)\n\n19.    Ink Purchases.\n\nFor 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.\n\
  \n20.    Downloadable Updates.\n\nYou 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.\n\n21.    Epson Accounts and Promotional Messages.\n\nIn 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.\n\n22.    DISPUTES, BINDING INDIVIDUAL\
  \ ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS\n\n22.1    Disputes.\n\n\
  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 or in equity and includes any\
  \ past, present, or future dispute, claim, controversy or action between you and Epson including\
  \ those that arose before the existence of this or any prior Agreement arising out of or relating\
  \ to this Agreement (including its formation, performance, or breach), the Software, Epson\
  \ Hardware, the parties’ relationship with each other and/or any other transaction involving\
  \ you and Epson, whether in contract, or with respect to warranty, misrepresentation, fraud,\
  \ tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable\
  \ basis. However, a “Dispute” does not include 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”). A “Dispute” also does not include\
  \ a request for public injunctive relief. You and Epson agree, consistent with Section 22.6(a),\
  \ that a court, not an arbitrator, may decide if a claim or cause of action is for an IP Claim,\
  \ as well as whether a claim seeks public injunctive relief.\n\n22.2    Initial Dispute Resolution.\n\
  \nBefore submitting a claim for arbitration in accordance with this Section 22, 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 in accordance with Section 22.6. Notice to Epson must be addressed\
  \ to: Epson America, Inc., ATTN: Legal Department, 3131 Katella Avenue, Los Alamitos, CA 90720-2335.\
  \ Any 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. Any notice sent 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 address above. You and Epson agree to act in good faith to resolve\
  \ the Dispute before commencing arbitration in accordance with this Section 22. To minimize\
  \ the cost and inconvenience to all parties, and to promote prompt resolution of Disputes,\
  \ you and we agree that engaging in this initial dispute resolution process is a material\
  \ term of this Agreement and a requirement that must be fulfilled before commencing any arbitration.\n\
  \nConsistent with Section 22.6(a), you and Epson agree that any disagreements regarding compliance\
  \ with this Section 22.2 shall be decided by a court, not an arbitrator; pending resolution\
  \ of any such disagreements by a court, which may include requests to compel compliance with\
  \ this Section 22.2, you and we agree that arbitration (as well as any obligation to pay arbitration\
  \ fees) shall be stayed until the initial dispute resolution process in Section 22.2 is complete.\
  \ You and Epson acknowledge that either party’s failure to comply with the provisions of this\
  \ Section 22.2 would irreparably harm the other, and you and Epson agree that a court may\
  \ issue an order staying arbitration (and any obligation to pay arbitration fees) until the\
  \ initial dispute resolution process in this Section 22.2 is complete.\n\n22.3    Binding\
  \ Arbitration.\n\nIf we do not reach an agreed upon solution within a period of sixty (60)\
  \ days from the time informal dispute resolution is pursued pursuant to Section 22.2 above,\
  \ then either party may initiate binding arbitration. Except as stated below in Section 22.4,\
  \ 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 RIGHT TO DISCOVERY AND GROUNDS FOR APPEAL ARE MORE LIMITED THAN IN\
  \ COURT. Pursuant to this Agreement, and except as stated below in Section 22.6(h), binding\
  \ arbitration shall be administered by JAMS, a nationally recognized arbitration provider,\
  \ pursuant to the JAMS Streamlined Arbitration Rules and Procedures or its applicable code\
  \ of procedures then in effect for consumer related disputes, but excluding any rules that\
  \ permit class arbitration. For more detail on the procedure to initiate arbitration and what\
  \ your demand for arbitration should include, see Sections 22.6(g) and 22.6(h) 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.\n\n22.4    Exception - Small Claims Court.\n\nNotwithstanding the parties’\
  \ agreement to resolve Disputes through arbitration, either party can elect to have an individual\
  \ claim resolved in small claims court of your state or municipality if the action is within\
  \ that court’s jurisdiction, even if the claim was initiated by another party in a different\
  \ forum.\n\n22.5    WAIVER OF CLASS ACTION AND CLASS ARBITRATION.\n\nYOU AND EPSON AGREE THAT\
  \ EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND\
  \ NOT AS A CLASS action or class arbitration. If any court or arbitrator determines that the\
  \ class action waiver set forth in this paragraph is void or unenforceable for any reason\
  \ or that an arbitration can proceed on a class basis, then the arbitration provision set\
  \ forth above in Section 22.3 shall be deemed null and void in its entirety and the parties\
  \ shall be deemed to have not agreed to arbitrate disputes.\n\n22.6    Arbitration Procedure.\n\
  \n(a)     \n\nThe arbitrator shall be empowered to grant whatever relief would be available\
  \ in a court under law or in equity, except for requests for public injunctive relief, if\
  \ any, which shall be decided by a court, not an arbitrator. If either party seeks public\
  \ injunctive relief, that request for relief shall be severed from any arbitration proceeding\
  \ and stayed pending a final determination of the arbitration. Nothing in Section 22 of this\
  \ Agreement shall be construed as a waiver of either party’s right to seek public injunctive\
  \ relief, and you and we agree to cooperate to effect the stay of any requests for public\
  \ injunctive relief.\n\nThe 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,\
  \ and consistent with Sections 22.1, 22.2, 22.6(a) and 22.6(h) of this Agreement, a court\
  \ may determine: (i) 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; (ii)\
  \ disagreements regarding compliance with the initial dispute resolution provisions in Section\
  \ 22.2 above; (iii) disagreements regarding claims for public injunctive relief as set forth\
  \ in this Section 22.6(a); and/or (iv) disagreements regarding the provisions for “Mass Arbitration”\
  \ in Section 22.6(h) below.\n\n(b) Costs of Arbitration and Legal Fees.\n\nIn some instances,\
  \ the costs of arbitration can exceed the costs of litigation. Each party will have the right\
  \ to use legal counsel in connection with arbitration at its own expense. If, however, the\
  \ arbitrator determines that a claim or defense asserted by you or Epson is patently frivolous\
  \ or in bad faith, the arbitrator may award the reasonable legal fees and costs incurred by\
  \ the other party defending against the claim or defense. By way of illustration only, and\
  \ without limitation, a patently frivolous claim may be found where it is based on a product\
  \ never purchased by a claimant.\n\n(c) Discovery.\n\nThe discovery or exchange of non-privileged\
  \ information relevant to the Dispute may be allowed during the arbitration. The right to\
  \ discovery may be more limited in arbitration than in court.\n\n(d) Awards.\n\nThe arbitrator’s\
  \ award is binding and may be entered as a judgment in any court of competent jurisdiction.\n\
  \n(e) Hearing Format and Location.\n\nYou may choose to engage in arbitration hearings by\
  \ telephone or, if you and we both agree, to conduct it online, in lieu of appearing live.\
  \ Arbitration hearings not conducted by telephone or online shall take place in a location\
  \ reasonably accessible from your primary residence, or in Orange County, California, at your\
  \ option.\n\n(f) Settlement Offers.\n\nDuring 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.\n\n(g) Initiation of Arbitration\
  \ Proceeding Before JAMS.\n\nExcept as stated in Section 22.6(h) below, if you or Epson commences\
  \ arbitration, the arbitration shall be governed by the JAMS Streamlined Arbitration Rules\
  \ and Procedures or the applicable rules of JAMS that are in effect when the arbitration is\
  \ filed, excluding any rules that permit arbitration on a class-wide 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,\
  \ which shall be selected in accordance with the JAMS Streamlined Arbitration Rules and Procedures,\
  \ and both parties shall have a reasonable opportunity to participate in the selection of\
  \ the arbitrator. If either you or Epson decides to arbitrate a Dispute before JAMS, both\
  \ parties agree to the following procedure:\n\n(i) Write a Demand for Arbitration. The demand\
  \ must include a description of the Dispute and the amount of damages sought to be recovered.\
  \ The demand also must identify the product purchased, identify the date and place of purchase\
  \ and, if possible, provide the serial number and proof of purchase. You can find a copy of\
  \ a demand for arbitration at http://www.jamsadr.com.\n\n(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.\n\n(iii) Send one copy of the demand for arbitration\
  \ to the other party (at the same address as the notice of a dispute, above in section 22.2),\
  \ or as otherwise agreed by the parties.\n\n(h) Initiation of Mass Arbitration Before FedArb.\n\
  \nNotwithstanding Sections 22.3 and 22.6(g), if 20 or more demands for arbitration are filed\
  \ relating to the same or similar subject matter and sharing common issues of law or fact,\
  \ and counsel for the parties submitting the demands are the same or coordinated, you and\
  \ we agree that this will constitute a “Mass Arbitration”.\n\nIf a Mass Arbitration is commenced,\
  \ you and we agree that it shall not be governed by JAMS Rules or administered by JAMS. Instead,\
  \ a Mass Arbitration shall be administered by FedArb, a nationally recognized arbitration\
  \ provider, and governed by the FedArb Rules in effect when the Mass Arbitration is filed,\
  \ excluding any rules that permit arbitration on a class-wide basis (the “FedArb Rules”),\
  \ and under the rules set forth in this Agreement. The FedArb Rules are available at https://www.fedarb.com/\
  \ or by calling 1-650-328-9500. You and we agree that the Mass Arbitration shall be resolved\
  \ using FedArb’s Framework for Mass Arbitration Proceedings ADR-MDL, available at https://www.fedarb.com/.\n\
  \nBefore any Mass Arbitration is filed with FedArb, you and we agree to contact FedArb jointly\
  \ to advise that the parties intend to use FedArb’s Framework for Mass Arbitration Proceedings\
  \ ADR-MDL. The individual demands comprising the Mass Arbitration shall be submitted on FedArb’s\
  \ claim form(s) and as directed by FedArb.\n\nConsistent with Section 22.6(a) above, you and\
  \ Epson agree that if either party fails or refuses to commence the Mass Arbitration before\
  \ FedArb, you or Epson may seek an order from a court of competent jurisdiction compelling\
  \ compliance with this Section 22.6(h) and compelling administration of the Mass Arbitration\
  \ before FedArb. Pending resolution of any such requests to a court, you and we agree that\
  \ all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration\
  \ fees) shall be stayed. You and Epson acknowledge that either party’s failure to comply with\
  \ the provisions of this Section 22.6(h) would irreparably harm the other, and you and Epson\
  \ agree that a court may issue an order staying the arbitrations (and any obligation to pay\
  \ arbitration fees) until any disagreements over the provisions of this Section 22.6(h) are\
  \ resolved by the court.\n\n22.7    30 Day Opt-out Right.\n\nYou may elect to opt-out (exclude\
  \ yourself) from the final, binding, individual arbitration procedure and waiver of class\
  \ proceedings set forth in Sections 22.3 to 22.6 of this Agreement by sending a written letter\
  \ to the Epson address listed above in Section 22.2 within thirty (30) days of your assent\
  \ to this Agreement 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 proceedings specified in this Section 22. In the event that you opt-out consistent\
  \ with the procedure set forth above, all other terms set forth in the Agreement, including\
  \ this Section 22, shall continue to apply, including the requirement to provide notice prior\
  \ to litigation. If you opt-out of these arbitration provisions, Epson will also not be bound\
  \ by them.\n\n22.8    Amendments to Section 22.\n\nNotwithstanding 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, if you timely elected\
  \ to opt-out) when you first assented to this Agreement.\n\n22.9    Severability.\n\nIf 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 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.\n\n23.    For New Jersey Residents.\n\nNOTWITHSTANDING 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.\n\nTHE FOLLOWING SECTIONS 24-36 OF THIS DOCUMENT MAY\
  \ APPLY TO YOU IF YOU ACQUIRE GOODS OR SERVICES IN AUSTRALIA (SEE SECTIONS 25 AND 28 FOR FURTHER\
  \ INFORMATION AS TO WHEN THESE SECTIONS APPLY)\n\n24.    Definitions. \n\nFor the purpose\
  \ of the following Sections 24-36 of this Agreement, the Australian Consumer Law means Schedule\
  \ 2 of the Competition and Consumer Act 2010 (Cth).\n\n25.    Acquiring Product as a Consumer.\
  \ \n\nIf you acquire the Software in Australia as a consumer under the Australian Consumer\
  \ Law, which can include individuals or businesses or other entities of any size, this Agreement\
  \ is subject to the following Sections 26 and 27.\n\n26.    Australian Consumer Law. \n\n\
  Nothing in this Agreement applies where it would exclude, restrict or modify any right or\
  \ remedy you may have under the Australian Consumer Law if such right or remedy cannot lawfully\
  \ be excluded, restricted or modified.\n\nNotwithstanding anything to the contrary in this\
  \ Agreement, if you acquire goods and services from Epson as a consumer, they come with statutory\
  \ guarantees under the Australian Consumer Law that are not excluded by any other terms of\
  \ this Agreement.\n\nThe statutory guarantees include (without limitation) the following:\n\
  \nGoods must be of acceptable quality. This means they must:\n\n-be safe;\n\n-be free from\
  \ defects;\n\n-be acceptable in appearance and finish;\n\n-do all the things someone would\
  \ normally expect them to do;\n\n-match any demonstration model or sample;\n\n-be fit for\
  \ the purpose which Epson has represented to you it would be fit for;\n\n-match the description\
  \ of the goods given by Epson; and\n\n-meet any express warranty given by Epson to you at\
  \ the time of your purchase about their performance, condition and quality.\n\nServices provided\
  \ by Epson must:\n\n-be provided with due care and skill or technical knowledge;\n\n-be fit\
  \ for the purpose or give the results that have been agreed to; and\n\n-be delivered within\
  \ a reasonable time when there is no agreed end date.\n\nTo the extent that Epson fails to\
  \ comply with a consumer guarantee applicable to you under the Australian Consumer Law you\
  \ are entitled to the remedies as set out in the Australian Consumer Law.\n\n27.    Disclaimer\
  \ of Warranty and Remedy. \n\nSection 7 will not apply to you. The following section will\
  \ apply instead:\n\nEPSON GOODS COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN\
  \ CONSUMER LAW. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND COMPENSATION\
  \ FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE GOODS\
  \ REPAIRED OR REPLACED IF THE GOODS FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES\
  \ NOT AMOUNT TO A MAJOR FAILURE.\n\nEXCEPT THAT NOTHING IN THIS CLAUSE EXCLUDES, RESTRICTS\
  \ OR MODIFIES WARRANTIES, GUARANTEES OR REMEDIES WHICH CANNOT BE EXCLUDED UNDER THE AUSTRALIAN\
  \ CONSUMER LAW: (1) THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND;\
  \ (2) EPSON AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY\
  \ OBTAIN BY USING THE SOFTWARE; (3) 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; (4) Epson is\
  \ not liable for performance delays or for non-performance due to causes beyond its reasonable\
  \ control; and (5) EPSON DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING\
  \ WITHOUT LIMITATION, ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR\
  \ A PARTICULAR PURPOSE.\n\n28.    Acquiring Product under a Consumer or Small Business Contract.\n\
  \nIf:\n\n(a) you are an individual and you acquire the Software wholly or predominantly for\
  \ personal, domestic or household use or consumption; or\n\n(b) this agreement constitutes\
  \ a small business contract (as that term is defined in the Australian Consumer Law from time\
  \ to time),\n\nthen the following Sections 29 - 36 will apply to you.\n\n29.    Limitation\
  \ of Liability.\n\nSection 8 will not apply to you. The following section will apply instead\
  \ of:\n\nSubject to Section 25, IN NO EVENT WILL A PARTY OR ITS SUPPLIERS BE LIABLE FOR ANY\
  \ 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 THAT\
  \ PARTY OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.\n\n30.\
  \    Grant of License.\n\nThe obligation to indemnify Epson set out in Section 1 (Grant of\
  \ License) does not apply to you. You acknowledge and agree that you are responsible and liable\
  \ for any act and omission of other users you allow to use the Software as though it were\
  \ an act or omission by you.\n\n31.    Upgrades and Updates.\n\nWhere Epson automatically\
  \ updates the Software under Section 2 (Upgrades and Updates), you may terminate this Agreement\
  \ in writing with no further liability to Epson if a material feature of the Software is changed,\
  \ discontinued or removed (as a result of the bug fixes, patches, upgrades, additional or\
  \ enhanced functions, plug-ins and new versions) from the Software and you can demonstrate\
  \ that this has more than a minor detrimental impact on you.\n\n32.    Entire Agreement.\n\
  \nSection 11 (Entire Agreement) will not apply to you.\n\n33.    Severability; Modifications.\
  \ \n\nThis Agreement may only be modified if, in addition to being modified in writing signed\
  \ by, or by an authorized representative of, Epson, it is also modified in writing signed\
  \ by, or by an authorized representative of, you.\n\n34.    Indemnification.\n\nSection 14\
  \ (Indemnification) will not apply to you.\n\n35.    Termination.\n\nSection 15 (Termination)\
  \ will not apply to you. The following section will apply instead:\n\nWithout prejudice to\
  \ any other rights of the parties, each party may terminate this Agreement, effective on notice\
  \ to the other party, if the other party fails to comply with this Agreement. Upon termination,\
  \ you must cease using the Software, and all copies thereof, must be immediately destroyed.\n\
  \n36.    Capacity and Authority to Contract.\n\nIn addition to the representation made by\
  \ you in Section 16 (Capacity and Authority to Contract), Epson represents that it has all\
  \ necessary authority to enter into this Agreement.\n\n2023"