Seiko Instruments slp120 用户指南
SEIKO INSTRUMENTS USA INC. SOFTWARE LICENSE AGREEMENT
IMPORTANT! The enclosed software is licensed only on the condition that the licensee (referred to in this Agreement as "YOU") agrees
with Seiko Instruments USA Inc. (referred to in this Agreement as "SIU") to the terms and conditions set forth in the following legal
agreement. READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY. YOU WILL BE BOUND BY THE TERMS OF THIS
AGREEMENT IF YOU OPEN THE SEALED PACKAGE. If You do not agree to the terms contained in this Software License Agreement,
please return this package UNOPENED to your dealer and your license fee will be refunded.
SIU will grant You a nontransferable, nonexclusive license to use the enclosed software (the "Licensed Software") and the accompanying
documentation (the Licensed Software, the media embodying the Licensed Software, and the documentation are referred to in this
Agreement as the "Licensed Materials"), if You agree to the following terms and conditions:
1. TERM; TERMINATION
This Agreement is effective from the date on which You open the package containing the Licensed Materials. This Agreement may be
terminated by You at any time by destroying the Licensed Materials, together with all copies. It will also terminate automatically without
notice if You fail to comply with any term or condition of this Agreement.
2. LICENSE GRANT
SIU grants to You the right to use the Licensed Software in conjunction with a single Smart Label Printer (hereinafter "Printer") as noted
herein. YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE LICENSED MATERIALS, IN WHOLE OR IN PART, EXCEPT AS
PROVIDED IN THIS AGREEMENT.
3. OWNERSHIP
The Licensed Materials are the sole and exclusive property of SIU.
4. COPY RESTRICTIONS
You may make one (1) copy of the Licensed Software for backup purposes. In no event does the copying permitted under this Agreement
include the right to decompile, disassemble, or electronically transfer the Licensed Software, or to translate the Licensed Software into
another computer language. You may not copy the documentation.
You agree to include the copyright notice set forth on the label of the media and embodied in the Licensed Software on any copy of the
Licensed Software in any form, in whole or in part.
5. PROTECTION AND SECURITY
You agree to use your best efforts and take all reasonable steps to safeguard the Licensed Materials to ensure that no unauthorized
person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution, in whole or in part, in any form
shall be made. You acknowledge that the Licensed materials contain valuable, confidential information and trade secrets and that
unauthorized use and/or copying are harmful to SIU.
6. DUTY TO BACKUP DATA
IT IS YOUR RESPONSIBILITY TO MAINTAIN PERIODIC BACKUP COPIES OF ALL DATA AND PROGRAMS USED IN
CONJUNCTION WITH THE LICENSED SOFTWARE TO PREVENT CATASTROPHIC LOSS.
7. LIMITED WARRANTY
The only warranty SIU makes to You in connection with the Licensed Materials is that the media on which the Licensed Software is
recorded will be replaced without charge, if SIU in good faith determines that it was defective and not subject to misuse, and if the media
and proof of purchase of the Printer are returned to SIU or the dealer from whom it was obtained within ninety (90) days of the date of
purchase. Because SIU cannot know the purposes for which You acquired the Printer or the uses to which You will put the Printer or the
Licensed Software, You assume full responsibility for the selection of the Printer and Licensed Software and for their installation and use
and the results of that use.
8. WARRANTY DISCLAIMERS; LIABILITY LIMITATIONS
SIU MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE LICENSED SOFTWARE AND IT IS LICENSED "AS
IS." THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR FIRM ARE VOID.
YOU AGREE NOT TO USE THE LICENSED SOFTWARE IN ANY SITUATION WHERE SIGNIFICANT DAMAGE OR INJURY TO
PERSONS, PROPERTY OR BUSINESS COULD OCCUR FROM A SOFTWARE ERROR.
YOU ASSUME ALL RISK AS TO THE SELECTION, USE, PERFORMANCE AND QUALITY OF THE LICENSED MATERIALS. IN NO
EVENT WILL SIU OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE
LICENSED MATERIALS BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING LOSS OF PROFITS OR INABILITY TO USE THE LICENSED MATERIALS, EVEN IF SIU OR SUCH OTHER PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN NO EVENT SHALL SIU' S OR SUCH OTHER PARTY' S LIABILITY
FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE PURCHASE PRICE PAID FOR THE PRINTER
CONTAINING THESE LICENSED MATERIALS.
Some states and/or countries do not allow limitations on how long an implied warranty lasts and some states and/or countries do not
allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to you. This
warranty gives you specific legal rights, and you may also have other rights which vary from state to state and/or country to country.
9. GENERAL
If any provision or portion of a provision of this Agreement is determined to be invalid or unenforceable, it shall be deemed omitted and
the remaining provisions of this Agreement shall remain in full force and effect.
This Agreement is governed by and construed in accordance with the laws of the State of California. Any suit brought with respect to this
Agreement may be brought ONLY in Santa Clara County, California USA and must be filed no later than one (1) year after the purchase
date of the Printer or subsequent software upgrade.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior agreements,
representations, statements and undertakings are hereby expressly canceled.
Should you have any questions regarding this Agreement, you may contact SIU by certified mail at the most convenient address listed
inside the back cover of the Licensed Software user' s guide.
10. U.S. GOVERNMENT RESTRICTED RIGHTS
The Licensed Materials are provided with RESTRICTED RIGHTS. The use, duplication, or disclosure by the Government is subject to
restrictions as set forth in subdivision (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at 52.227-7013. The
contractor/ manufacturer of this Software is SEIKO INSTRUMENTS USA INC., 1130 Ringwood Court, San Jose, California 95131 USA.
with Seiko Instruments USA Inc. (referred to in this Agreement as "SIU") to the terms and conditions set forth in the following legal
agreement. READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY. YOU WILL BE BOUND BY THE TERMS OF THIS
AGREEMENT IF YOU OPEN THE SEALED PACKAGE. If You do not agree to the terms contained in this Software License Agreement,
please return this package UNOPENED to your dealer and your license fee will be refunded.
SIU will grant You a nontransferable, nonexclusive license to use the enclosed software (the "Licensed Software") and the accompanying
documentation (the Licensed Software, the media embodying the Licensed Software, and the documentation are referred to in this
Agreement as the "Licensed Materials"), if You agree to the following terms and conditions:
1. TERM; TERMINATION
This Agreement is effective from the date on which You open the package containing the Licensed Materials. This Agreement may be
terminated by You at any time by destroying the Licensed Materials, together with all copies. It will also terminate automatically without
notice if You fail to comply with any term or condition of this Agreement.
2. LICENSE GRANT
SIU grants to You the right to use the Licensed Software in conjunction with a single Smart Label Printer (hereinafter "Printer") as noted
herein. YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE LICENSED MATERIALS, IN WHOLE OR IN PART, EXCEPT AS
PROVIDED IN THIS AGREEMENT.
3. OWNERSHIP
The Licensed Materials are the sole and exclusive property of SIU.
4. COPY RESTRICTIONS
You may make one (1) copy of the Licensed Software for backup purposes. In no event does the copying permitted under this Agreement
include the right to decompile, disassemble, or electronically transfer the Licensed Software, or to translate the Licensed Software into
another computer language. You may not copy the documentation.
You agree to include the copyright notice set forth on the label of the media and embodied in the Licensed Software on any copy of the
Licensed Software in any form, in whole or in part.
5. PROTECTION AND SECURITY
You agree to use your best efforts and take all reasonable steps to safeguard the Licensed Materials to ensure that no unauthorized
person shall have access thereto and that no unauthorized copy, publication, disclosure or distribution, in whole or in part, in any form
shall be made. You acknowledge that the Licensed materials contain valuable, confidential information and trade secrets and that
unauthorized use and/or copying are harmful to SIU.
6. DUTY TO BACKUP DATA
IT IS YOUR RESPONSIBILITY TO MAINTAIN PERIODIC BACKUP COPIES OF ALL DATA AND PROGRAMS USED IN
CONJUNCTION WITH THE LICENSED SOFTWARE TO PREVENT CATASTROPHIC LOSS.
7. LIMITED WARRANTY
The only warranty SIU makes to You in connection with the Licensed Materials is that the media on which the Licensed Software is
recorded will be replaced without charge, if SIU in good faith determines that it was defective and not subject to misuse, and if the media
and proof of purchase of the Printer are returned to SIU or the dealer from whom it was obtained within ninety (90) days of the date of
purchase. Because SIU cannot know the purposes for which You acquired the Printer or the uses to which You will put the Printer or the
Licensed Software, You assume full responsibility for the selection of the Printer and Licensed Software and for their installation and use
and the results of that use.
8. WARRANTY DISCLAIMERS; LIABILITY LIMITATIONS
SIU MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE LICENSED SOFTWARE AND IT IS LICENSED "AS
IS." THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR FIRM ARE VOID.
YOU AGREE NOT TO USE THE LICENSED SOFTWARE IN ANY SITUATION WHERE SIGNIFICANT DAMAGE OR INJURY TO
PERSONS, PROPERTY OR BUSINESS COULD OCCUR FROM A SOFTWARE ERROR.
YOU ASSUME ALL RISK AS TO THE SELECTION, USE, PERFORMANCE AND QUALITY OF THE LICENSED MATERIALS. IN NO
EVENT WILL SIU OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE
LICENSED MATERIALS BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING LOSS OF PROFITS OR INABILITY TO USE THE LICENSED MATERIALS, EVEN IF SIU OR SUCH OTHER PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN NO EVENT SHALL SIU' S OR SUCH OTHER PARTY' S LIABILITY
FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE PURCHASE PRICE PAID FOR THE PRINTER
CONTAINING THESE LICENSED MATERIALS.
Some states and/or countries do not allow limitations on how long an implied warranty lasts and some states and/or countries do not
allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to you. This
warranty gives you specific legal rights, and you may also have other rights which vary from state to state and/or country to country.
9. GENERAL
If any provision or portion of a provision of this Agreement is determined to be invalid or unenforceable, it shall be deemed omitted and
the remaining provisions of this Agreement shall remain in full force and effect.
This Agreement is governed by and construed in accordance with the laws of the State of California. Any suit brought with respect to this
Agreement may be brought ONLY in Santa Clara County, California USA and must be filed no later than one (1) year after the purchase
date of the Printer or subsequent software upgrade.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior agreements,
representations, statements and undertakings are hereby expressly canceled.
Should you have any questions regarding this Agreement, you may contact SIU by certified mail at the most convenient address listed
inside the back cover of the Licensed Software user' s guide.
10. U.S. GOVERNMENT RESTRICTED RIGHTS
The Licensed Materials are provided with RESTRICTED RIGHTS. The use, duplication, or disclosure by the Government is subject to
restrictions as set forth in subdivision (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at 52.227-7013. The
contractor/ manufacturer of this Software is SEIKO INSTRUMENTS USA INC., 1130 Ringwood Court, San Jose, California 95131 USA.
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