-------------------------------------------------------- OKI DATA CORPORATION SOFTWARE LICENSE AGREEMENT for OKI SOFTWARE -------------------------------------------------------- SOFTWARE LICENSE AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE OKI SOFTWARE AND ACCOMPANYING DOCUMENTATION CONTAINED IN THIS CD AS MENTIONED BELOW (HEREINAFTER "OKI SOFTWARE"). BY CLICKING THE "ACCEPT" BUTTON BELOW OR INSTALLING, COPYING OR OTHERWISE USING THE OKI SOFTWARE, YOU ARE INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THIS AGREEMENT IS DEEMED EFFECTIVE BETWEEN YOU AND OKI DATA CORPORATION ("OKI"). The Oki Software includes PCL Printer Driver for Windows Me/98/95, PCL Printer Driver for Windows NT4.0, PCL Printer Driver for Windows 2000, PCL Printer Driver for Windows XP/Server 2003, OKI Storage Device Manager (for Windows Me/95/98,Windows NT4.0,Windows 2000,and Windows XP/Server 2003), Color Swatch Utility (for Windows Me/98,Windows NT4.0,Windows 2000 and Windows XP/Server 2003), OKI LPR Utility (for Windows Me/95/98,Windows NT4.0,Windows 2000,and Windows XP/Server 2003), Network Extension (for Windows Me/95/98,Windows NT4.0,Windows 2000,and Windows XP/Server 2003), Web Driver Installer (for Windows NT4.0,Windows 2000,and Windows XP/Server 2003), PrintSuperVision (for Windows 2000,and Windows XP/Server 2003), OKI Setup Utility (Windows Me/95/98,Windows NT4.0,Windows 2000,and Windows XP/Server 2003), Private MIB Definition File, USB Driver (for Windows Me/98), MicrolinePS Utility(for Macintosh) and Setup Utility(For Macintosh).. 1. Scope of the License OKI grants, and you accept, a non-exclusive license to install the Oki Software on multiple computers which are directly or through network connected to OKI's printer product purchased by you ("Printer") and to use the Oki Software solely in conjunction with the Printer. You may make one copy of the Oki Software only for backup purpose. Any copies of the Oki Software that you are permitted to make herein must contain the same copyright and other proprietary notices that appear on or in the Oki Software. Other than that, you agree not to make copies, reproduce, or allow anyone to make copies or reproduce, the Oki Software, in whole or in part. 2. Ownership and Restrictions (1) The Oki Software is licensed, not sold. All the title, copyright and proprietary rights in and to the Oki Software and its copies, modifications and derivative works are owned by and will remain with OKI. The structure, organization and code contained in the Oki Software are the valuable trade secrets of OKI. The Oki Software is also protected by United States Copyright Law and International Treaty provisions. Except for the express limited license granted in this Agreement, no right or license of any kind is granted to you. (2) Except as stated in Section 1, you may not make copies, rent, lease, distribute, transfer or reprint the Oki Software, in whole or in part. (3) You agree not to modify, alter, translate, reverse engineer, decompile or disassemble the Oki Software. 3. Term and Termination (1) This Agreement is effective until terminated. (2) This Agreement will also terminate whenever you choose to terminate it by destroying the Oki Software and its documentation together with all copies. (3) This Agreement will automatically terminate if you fail to comply with any of the terms and conditions of this Agreement. Upon termination, you shall immediately destroy the Oki Software and its copies in your possession or control. 4. Limited Warranty and Disclaimer OKI warrants that the Oki Software, if used as specified in the accompanying OKI product documentation, will perform substantially in accordance with the OKI product documentation for a period of ninety (90) days from the date of receipt. YOUR SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THIS LIMITED WARRANTY WILL BE, AT OKI’S OPTION, REPAIR OR REPLACEMENT OF THE OKI SOFTWARE, OR A REFUND OF THE PRICE PAID BY YOU FOR THE OKI SOFTWARE AND THE PRINTER. EXCEPT FOR THE FOREGOING LIMITED EXPRESS WARRANTY, OKI HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THE OKI SOFTWARE AND ALL MATTERS RELATED TO OR ARISING OUT OF THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT NO OKI SOFTWARE OPERATES ERROR-FREE AND THAT OKI DOES NOT WARRANT THAT YOUR USE OF THE OKI SOFTWARE WILL BE WITHOUT INTERRUPTION, COMPROMISE TO SECURITY SYSTEMS AND DATA FILES, OR IMPAIRMENT OF YOUR ACCESS TO AND USE OF THE APPLICABLE NETWORK, SYSTEMS AND EQUIPMENT. Because some jurisdictions do not allow the exclusions or limitations described above, you may have additional warranty rights under applicable laws, including, but not limited to, statutory rights of consumers. 5. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OKI BE LIABLE TO YOU FOR COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE, LOST PROFIT OR DATA, THIR PARTY CLAIMS, OR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), UNDER STATUTE, OR OTHERWISE, OR WHETHER OKI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OKI’S AGGREGATE LIABILITY TO YOU FOR DAMAGES UNDER THIS AGREEMENT EXCEED AN AMOUNT EQUAL TO THE PRICE PAID BY YOU FOR THE OKI SOFTWARE AND THE PRINTER. THE ABOVE EXCLUSIONS OR LIMITATIONS WILL APPLY EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. Because some jurisdictions do not allow some or all of the exclusions or limitations of liability described above, some or all of the above exclusions or limitations may not apply to you. 6. Governing Law The license with respect to the Oki Software under this Agreement will be governed by the laws in force in Japan, without regard to the conflict of laws principles thereof. 7. Severability If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. 8. Export Restrictions You agree that the Oki Software will not be shipped, transferred, exported or re-exported into any country or used in any manner prohibited by Japanese or any other applicable export laws or regulations. You agree that you will not export or re-export the Oki Software or products produced therefrom in any form without appropriate Japanese or any other governmental licenses. 9. Entire Agreement You represent that you have read and understand this Agreement and that this Agreement constitutes the entire understanding and agreement between you and OKI as to the license relating to the Oki Software, and supersedes and replaces any prior agreement, written or oral. Your obligations in this Agreement constitute the obligations to OKI and all owners of the right licensed to you under this Agreement. * Use of Adobe Acrobat Reader Adobe Acrobat Reader contained in this CD-ROM is distributed by Oki Data Corporation under the license between Oki Data Corporation and Adobe Systems Incorporated. By accepting the software license agreement contained in Adobe Acrobat Reader, you will be granted to use of Adobe Acrobat Reader by Adobe Systems Incorporated.