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Powis Parker Software License Agreement

Please read and accept Powis Parker's license agreement to download your digital foil printer software.

IMPORTANT -  READ THIS AGREEMENT CAREFULLY BEFORE CLICKING THE "Accept" BUTTON.  By clicking the "Accept" button, you indicate your acceptance of the following Powis Parker Inc. License Agreement ("Agreement").
 
 
POWIS PARKER INC.
LICENSE AGREEMENT AND WARRANTY 
 
This Agreement is a legal agreement between you (either an individual or a single entity) and POWIS PARKER INC. ("Powis Parker") regarding the use of the Foilfast(TM) or PowisPrinter(R) printer, which includes computer software and associated printed materials. By clicking the "Accept" button or otherwise installing or copying the computer software, you are agreeing to be bound by the terms of this Agreement.  If you do not agree to be bound by the terms of this Agreement, please click the "Decline" button.  If you do not agree to be bound by the terms of this Agreement, you are not authorized to use the PRINTER or any portion thereof, including the SOFTWARE.  Any unauthorized use is a violation of the law and acts as a total nullification of all warranties.
 
1. COPYRIGHT.  The SOFTWARE is protected by United States copyright laws and international copyright treaty provisions, as well as other intellectual property laws and treaties.  The SOFTWARE is licensed pursuant to the terms and conditions of this Agreement and is not sold.  You may not copy the printed materials accompanying the PRINTER or SOFTWARE except as specifically permitted herein. 
 
2.  GRANT OF SOFTWARE LICENSE.  Subject to the terms and conditions of this Agreement, Powis Parker hereby grants to you a non-exclusive, non-transferable (except as expressly permitted herein), non-assignable license (without right to sublicense) to use the SOFTWARE on any computer with an attached PRINTER.  For purposes of this Agreement, the SOFTWARE shall be deemed in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer.  You may make one (1) copy of the SOFTWARE for backup or archival purposes only.
 
3.  RESTRICTIONS.  You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompanying materials on a permanent basis to a recipient acquiring the PRINTER, provided that you retain no copies and the recipient agrees to be bound by the terms of this Agreement.  You may not reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the SOFTWARE.  If the SOFTWARE is an update or has been updated, any transfer must include the most recent update and all prior versions.  You may not distribute copies of the SOFTWARE to third parties.  You may not copy, transfer or grant any rights in or to all or any portion of the SOFTWARE, except as expressly provided herein.  You must comply with all applicable laws regarding the use of the SOFTWARE.  You may not modify or prepare derivative works of the SOFTWARE. You may not transmit the SOFTWARE over a network, by telephone, or electronically by any means.
 
4. RIGHTS IN SOFTWARE.  All rights and title in and to the SOFTWARE and any copies thereof are owned by Powis Parker or its suppliers.  This Agreement is not a sale and does not transfer to you any title or ownership interest in or to the SOFTWARE or any patent, copyright, trade secret, trade name, trademark or other intellectual property right therein.  You shall not remove, alter, or obscure any proprietary notices contained on or within the SOFTWARE and shall reproduce such notices on any back-up copy of the SOFTWARE.  All title and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.  This Agreement grants you no rights to use such content.
 
5.  LIMITED WARRANTY. Powis Parker warrants that 
(i) the PRINTER will be free from defects in materials and workmanship, assuming normal use, for a period of twelve (12) months from the date of purchase; and 
(ii) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Powis Parker does not warrant the operation of PRINTER or the SOFTWARE to be uninterrupted or error-free. The limited warranty set forth in this Section 5 covers only those defects which arise as a result of normal use of the PRINTER, and shall not apply in the event of any:
a) improper or inadequate maintenance;
b) unauthorized modifications or misuse;
c) damage due to accident, abuse or negligence;
d) operation of the PRINTER beyond the designated duty cycle;
e) operation outside of the environmental specifications for PRINTER;
f) operation of the PRINTER with a mechanical switchbox without the use of designated surge protector;
g) customer supplied software or interfacing;
h) operation of non-supported printing media;
i) use of other than POWIS PARKER specified foil cartridges; 
j) improper site preparation and maintenance.
 
6.  CUSTOMER REMEDIES.
a.  If the Software proves defective during the applicable warranty period, you may return the defective disk to your local Powis Parker products (Fastback(R)) dealer representative, along with a dated proof of purchase; the dealer representative will replace it free of charge.  If the Software proves defective after the applicable warranty period has expired, you may obtain a replacement disk by sending the defective disk and a check for the purchase price to your local Fastback(R) dealer.
b.  If the PRINTER proves defective during the applicable warranty period, the dealer shall, at its option, either:
(i) repair the PRINTER;
(ii) replace the PRINTER with one that is new or like-new, provided that the replacement has equivalent or better functionality than the one it replaces; or
(iii) if the Fastback(R) dealer is unable to repair or replace a defective PRINTER covered by warranty, the dealer shall, within a reasonable time after notification of defect, refund the purchase price for the PRINTER, provided that you return the defective PRINTER along with proof of purchase.
 
7.  NO OTHER WARRANTIES. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 5 ABOVE, THE PRINTER AND SOFTWARE ARE PROVIDED "AS-IS", AND POWIS PARKER GRANTS NO OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE PRINTER, SOFTWARE OR RELATED MATERIALS, THEIR FITNESS FOR PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR OTHERWISE.
 
8.  LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POWIS PARKER OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRINTER OR THE SOFTWARE, EVEN IF POWIS PARKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
 
9.  U.S. GOVERNMENT RESTRICTED RIGHTS.  The SOFTWARE is provided with restricted rights. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. 
 
10.  MISCELLEANEOUS. This Agreement is governed by the laws of the United States and of the State of California without reference to conflicts of laws principles.  You shall not assign, sublicense or otherwise transfer the rights or license granted hereunder, by agreement or by operation of law, without the prior written consent of Powis Parker, and all assignments in violation of this prohibition shall be null and void.  This Agreement is the complete and exclusive agreement of Powis Parker and you and supersedes all other communications, oral or written, relating to the subject matter hereof.  No change to this Agreement shall be valid unless in writing and signed by the party against whom enforcement is sought. The waiver or failure of Powis Parker or you to exercise in any respect any right or rights provided for herein shall not be deemed a waiver of any further right hereunder.  If any provision of this Agreement is held unenforceable, the remainder of this Agreement will continue in full force and effect.
 
11.  POWIS PARKER PRODUCT SUPPORT. To obtain limited warranty service or product support, you should first contact your local Fastback(R) (Powis Parker products) dealer. To locate the Fastback(R) dealer nearest you, you may call Powis Parker at 1-800-848-2463 between the hours of 8:00 AM and 5:00 PM Pacific time, Monday through Friday. 
 
Should you have any other questions concerning this Agreement, or if you desire to contact Powis Parker for any reason, please write: Powis Parker Inc. 775 Heinz Avenue Berkeley, CA  94710 or email: powis@powis.com.

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