From 21435953e16cda318a82334ddbadb3b5c36d9ea7 Mon Sep 17 00:00:00 2001 From: V3n3RiX Date: Wed, 15 Jan 2020 15:51:32 +0000 Subject: gentoo resync : 15.01.2020 --- licenses/EPSON-2018 | 476 ++++++++++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 476 insertions(+) create mode 100644 licenses/EPSON-2018 (limited to 'licenses/EPSON-2018') diff --git a/licenses/EPSON-2018 b/licenses/EPSON-2018 new file mode 100644 index 000000000000..3b1dce3e4a28 --- /dev/null +++ b/licenses/EPSON-2018 @@ -0,0 +1,476 @@ +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 -- cgit v1.2.3