RICOH AFICIO GX e3300N GELSPRINTER

Process License Agreement (PLA) and End User License Agreement (EULA) for
SubliJet®-R Ink and PowerDriver ®-R Software Used With The
RICOH AFICIO GX e3300N GELSPRINTER
This product is for commercial use only.
This Process License Agreement (“PLA”) is a legal agreement
between you and Sawgrass Technologies™, Inc. (“Sawgrass”).
By installing the SubliJet™ cartridge in your printer, or otherwise
using the Sawgrass SubliJet ink, you agree to be bound by the
terms of this PLA. If you do not agree to the terms of this PLA,
Sawgrass is unwilling to license the process of using the SubliJet
ink to you. In such event, you may not use the SubliJet ink, and
you should promptly contact your supplier for instructions on
return of the unopened package.
The process of using SubliJet ink is protected by U.S. and foreign
patents. Sawgrass will provide a complete list of the relevant
patents upon request. The use of SubliJet ink to practice the
patented process is permitted by this license.
GRANT OF LICENSE. This PLA grants you the following rights:
You may install and use the SubliJet ink packaged herewith in
your Ricoh Aficio GX e3300N printer to practice the printing
process described in U.S. Patent No. 5,488,907 (“Sawgrass
Process”). The use of any ink, dye, or pigment to practice the
Sawgrass Process, other than SubliJet ink purchased from
Sawgrass or its authorized distributors accompanied by a PLA, is
not a licensed use of the Sawgrass Process. No rights to use the
Sawgrass Process, except those specified herein, are granted,
and no rights to use any other process, product, software, or
hardware developed or sold by Sawgrass are granted or implied
hereby.
LIMITATIONS ON REVERSE ENGINEERING.
You agree that you will not attempt to reverse engineer, reproduce,
or deformulate the SubliJet ink.
PATENTS AND COPYRIGHTS.
Sawgrass owns multiple U.S. and foreign patents that may
apply to the Sawgrass Process and/or the use of SubliJet
ink. All patents in and to the method of using SubliJet ink are
owned by Sawgrass Technologies, Inc. You may not copy the
printed materials accompanying the SubliJet ink. All rights not
specifically granted under this PLA are reserved by Sawgrass
Technologies, Inc.
Made In U.S.A.
Sawgrass Technologies, Inc. agrees to replace any defective
product, or refund the purchase price, within a reasonable time,
which shall be Sawgrass’ sole responsibility for errors or defects
in these goods.
THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
SAWGRASS SHALL NOT BE LIABLE FOR LOSS OF PROFIT OR OTHER
ECONOMIC LOSS, OR FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER
SIMILAR DAMAGES.
END-USER LICENSE AGREEMENT FOR SAWGRASS SOFTWAREPowerDriver-R
IMPORTANT - READ CAREFULLY: This Sawgrass Technologies
Inc. End-User License Agreement (“EULA”) is a legal agreement
between you (either an individual or a single entity) and Sawgrass
Technologies, Inc. for the Sawgrass software product identified
above, which includes computer software and may include
associated media, printed materials, and “online” or electronic
documentation (“SOFTWARE PRODUCT”). By installing, copying,
or otherwise using the SOFTWARE PRODUCT, you agree to be
bound by the terms of this EULA. If you do not agree to the terms
of this EULA, do not install or use the SOFTWARE PRODUCT.
Software PRODUCT LICENSE.
Copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties protect the SOFTWARE
PRODUCT. The SOFTWARE PRODUCT is licensed, not sold. The
title to, and ownership of, this SOFTWARE PRODUCT remains
with Sawgrass Technologies, Inc. (Sawgrass).
GRANT OF LICENSE. This EULA grants you the following rights:
• This license is provided to you for your use according to the
terms hereof. You may install and use the SOFTWARE PRODUCT
packaged herewith to practice the printing process described in
U.S. Patent No. 5,488,907 (the “Sawgrass Process”). The use
of any ink, dye or pigment to practice the Sawgrass Process,
other than a SubliJet ink that is purchased from Sawgrass or its
authorized distributor, is not a licensed use of the SOFTWARE
PRODUCT. You agree not to use the SOFTWARE PRODUCT for
any other purpose or in any process except as expressly permitted
hereby.
• Not for Resale. You may not sell, or otherwise transfer for
value, the SOFTWARE PRODUCT.
• No Reverse Engineering, Decompilation, Copying or
Disassembly. You may not reverse engineer, decompile, copy or
disassemble the SOFTWARE PRODUCT.
• No Rental. You may not rent, lease, or lend the SOFTWARE
PRODUCT.
• Support Services. Sawgrass Technologies, Inc. may provide
you with support services related to the SOFTWARE PRODUCT
(“Support Services”). Use of Support Services is governed
by the Sawgrass policies and programs described in the user
manual, in “online” documentation, and/or in other Sawgrassprovided materials. Any supplemental software code provided to
you as part of the Support Services shall be considered part of the
SOFTWARE PRODUCT and subject to the terms and conditions
of this EULA. With respect to technical information you provide
to Sawgrass as part of the Support Services, Sawgrass may
use such information for its business purposes, including for
product support and development. Sawgrass will not utilize such
ink. differently.® , SubliJet ® -R, and PowerDriver ® -R are Registered Trademarks, and Sawgrass Technologies is a Trademark of Sawgrass Technologies, Inc. Ricoh, Afi cio, and Gelsprinter are Trademarks of Ricoh Corporation.
IMPORTANT – READ CAREFULLY:
INFO@SAWGRASSINK.COM | W W W.SAWGRASSINK.COM | 866.290.3812
R-1_14,Dec’09-jcr
PROCESS AND END USER’S LICENSE AGREEMENTS - PAGE 1 of 2
END USER LICENSE AGREEMENT (Continued)
technical information in a form that personally identifies you.
• No Assignment or Sublicense. You may not assign or sublicense
the rights granted hereby.
• Termination. Without prejudice to any other rights, Sawgrass may
terminate this EULA if you fail to comply with the terms and conditions
of this EULA. In the event of termination, you must destroy all copies
of the SOFTWARE PRODUCT and all of its component parts.
COPYRIGHT. All title and copyrights in and to the SOFTWARE
PRODUCT (including but not limited to any images, photographs,
animations, video, audio, music, text, and “applets” incorporated into
the SOFTWARE PRODUCT), the accompanying printed materials, and
any copies of the SOFTWARE PRODUCT are owned by Sawgrass
Technologies Inc. or its suppliers. Copyright laws and international
treaty provisions protect the SOFTWARE PRODUCT. Therefore, you
must treat the SOFTWARE PRODUCT like any other copyrighted
material, except that you may install the SOFTWARE PRODUCT on a
computer for the uses permitted hereby. You may not copy the printed
materials accompanying the SOFTWARE PRODUCT. You may not
loan, rent, lease, or otherwise transfer the other medium to another
user, except as part of the permanent transfer (as provided above) of
the SOFTWARE PRODUCT.
U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE
PRODUCT and documentation are provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure by the 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 252.2277013 or subparagraphs (c)(1) and (2) of the Commercial Computer
Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
MISCELLANEOUS:
a. If you acquired this product in the United States, this EULA is
governed by the laws of the State of South Carolina. In the event of
any dispute arising under this license or from the use of the SOFTWARE
PRODUCT, each party irrevocably agrees to the jurisdiction of the
United States District Court for the District of South Carolina,
Charleston Division.
b. If you acquired this product in Canada, this EULA is governed by the
laws of the Province of Ontario, Canada. In the event of any dispute
arising under this license or from the use of the SOFTWARE PRODUCT,
each party irrevocably agrees to the jurisdiction of the courts of the
Province of Ontario and further agrees to commence any litigation
that may arise hereunder in the courts located in the Judicial District
of York, Province of Ontario.
c. If this product was acquired outside the United States, then local
law may apply.
LIMITED WARRANTY. Sawgrass warrants that (a) the SOFTWARE
PRODUCT will perform substantially in accordance with the
accompanying written materials for a period of thirty (30) days from
the date of receipt, and (b) any Support Services provided by Sawgrass
shall be substantially as described in applicable written materials
provided to you by Sawgrass, and Sawgrass support engineers will
make commercially reasonable efforts to solve any problem issues.
Some states and jurisdictions do not allow limitations on duration of
an implied warranty, so the above limitation may not apply to you.
To the extent allowed by applicable law, implied warranties on the
SOFTWARE PRODUCT, if any, are limited to thirty (30) days.
CUSTOMER REMEDIES. Sawgrass’ and its suppliers’ entire liability
and your exclusive remedy shall be, at Sawgrass’ option, either
(a) return of the price paid, if any, or (b) repair or replacement of
the SOFTWARE PRODUCT that does not meet Sawgrass’ Limited
Warranty and which is returned to Sawgrass with a copy of your
receipt. This Limited Warranty is void if failure of the SOFTWARE
PRODUCT has resulted from accident, abuse, or misapplication. Any
replacement SOFTWARE PRODUCT will be warranted for the remainder
of the original warranty period or thirty (30) days, whichever is longer.
Outside the United States, neither these remedies nor any product
support services offered by Sawgrass are available without proof of
purchase from an authorized international source.
NO OTHER WARRANTIES. To the maximum extent permitted by
applicable law, Sawgrass and its suppliers disclaim all other warranties
and conditions, either express or implied, including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose,
title, and non-infringement, with regard to the SOFTWARE PRODUCT,
and the provision of or failure to provide Support Services. This
limited warranty gives you specific legal rights. You may have others,
which vary from state/jurisdiction to state/jurisdiction.
LIMITATION OF LIABILITY. To the maximum extent permitted by
applicable law, in no event shall Sawgrass or its suppliers be liable for
any special, incidental, indirect, or consequential damages whatsoever
(including, without limitation, damages for loss of business profits,
business interruption, loss of business information, or any other
pecuniary loss) arising out of the use of or inability to use the
SOFTWARE PRODUCT or the provision of or failure to provide Support
Services, even if Sawgrass has been advised of the possibility of such
damages. In any case, Sawgrass’ entire liability under any provision
of this EULA shall be limited to U.S. $5.00. Because some states and
jurisdictions do not allow the exclusion or limitation of liability, the
above limitation may not apply to you.
SubliJet ® -R Ink and PowerDriver ® -R Software are Registered
Trademarks and
Sawgrass™ is a Trademark of Sawgrass Technologies, Inc.
General Notice: Other product names used herein are for identification
purposes only and may be trademarks of their respective owners.
Sawgrass Technologies, Inc. disclaims any and all rights in those
marks.
INFO@SAWGRASSINK.COM | W W W.SAWGRASSINK.COM | 866.290.3812
PROCESS AND END USER’S LICENSE AGREEMENTS - PAGE 2 of 2