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SL-D1000 Series User's Guide
Appendix
190
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.
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