SOFTWARE LICENSE AGREEMENT OF POS-SERIES PRINTER

IMPORTANT - PLEASE READ CAREFULLY!  The POS-Series Printer Driver software you are about to download will be licensed to you, the licensee, on the condition that you agree with the terms and conditions set forth in this legal agreement.  PLEASE READ THIS AGREEMENT CAREFULLY.  YOU WILL BE BOUND BY THE TERMS OF THIS AGREEMENT IF YOU INSTALL, DOWNLOAD, COPY, OR OTHERWISE USE THE SOFTWARE. If you do not agree to the terms contained in this agreement, please do not install or download the software.  Please record the date of download in order to activate the limited ninety (90) day warranty (see below).

If you agree to these terms and conditions, Printer Manufacturer (the "Manufacturer") grants to you a nonexclusive license to use the following software (the "Software"):

Software:  Printer Driver for POS-Series Printer

Contents:   Printer Driver

            Others (Installer)

1. Ownership

The Software is the sole and exclusive property of Manufacturer and/or its software suppliers.  By downloading, installing, copying, or otherwise using the Software, you do not become the owner of the Software, but are entitled solely to use the Software according to the terms and conditions of this Agreement.

2. License

The license granted to you by Manufacturer in this Agreement authorizes you:

(i) to use the Software only on any single computer which is compatible with any Win32Bit operation system, only for the purpose of developing and executing an application software (the "Application Software") which operates those hardware products listed in the appendix of this Agreement ("Designated Hardware"); 

(ii) to distribute a copy of the Printer Driver only to third parties who purchase the Application Software from you (the "Customers") if Customers agree to the terms and conditions of this Agreement.  YOU MAY NOT USE, COPY, MODIFY OR DISTRIBUTE THE SOFTWARE, IN WHOLE OT IN PART, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.

3. Restriction against copying or modifying the Software

The Software is copyrighted by Manufacturer or third parties.  Except as expressly permitted in this Agreement, you may not copy or otherwise reproduce the Software.  In no event does the limited copying or reproduction permitted under this Agreement include the right to decompile, reverse engineer, disassemble, modify or electronically transfer the Software, or to translate the Software into another computer language.

You may make one copy of the Software in machine-readable form for backup purposes only, and one copy of the Driver for each Customer.  You agree to maintain appropriate records of the number, location of the original media and all copies of the Software made or distributed by you and to provide Manufacturer with any of such records upon request.

You agree to include, on any copy of the Software, the copyright notice and any other proprietary legend set forth on the label of the media embodying the Software.  You also agree not to remove any existing copyright notice from any of the Software.

4. Restrictions on Transfer

You may not sublicense, assign, share, rent, lease or otherwise transfer your right to use the Software, nor any other rights granted to you under this Agreement, except as stated in this Agreement.

5. Support Service

During the term of this Agreement, you may be supplied with support service for the Software under the terms and conditions designated by Manufacturer from time to time.  Such terms and conditions may be provided by your local service representative designated by Manufacturer.  This support service is available only if you use and execute the Software in the manner specified by this Agreement; provided, however, that Manufacturer shall not be responsible for supplying Service on any problems or questions resulted or arisen from;

(i) any alternation, modification or break-up of the Software by any person other than Manufacturer, or any combination of the Software and any other software or hardware products;

(ii) any use not complying with the operation manual designated by Manufacturer;

(iii) any use on any hardware products other than the Designated Hardware;

(iv) any cause attributable to anyone other than Manufacturer; 

(v) any cause resulted from fire, natural disaster or any other cause beyond the reasonable control of Manufacturer

6. Term

This Agreement is effective from the date on which you downloaded the Software.  This agreement may be terminated by you at any time by returning to Manufacturer or destroying at you the Software, together with all copies, modifications and merged portions in any form in your possession or control.  Upon such termination by you, you agree to give Manufacturer written notice thereof immediately.  This Agreement will also terminate automatically if you fail to comply with any term or condition of this Agreement.  Upon such termination, you must destroy the Software and all copies there of.

7. Protection and Security

You agree to use your best efforts and take all reasonable steps to safeguard the Software to ensure that no unauthorized person has access to them and that no unauthorized copy, publication, disclosure or distribution of any of the Software is made.  You acknowledge that the Software contains valuable, confidential information and trade secrets and that unauthorized use and copying are harmful to Manufacturer and its software suppliers, and that you have the confidential obligation on such valuable information and trade secrets.

8. Limited Warranty

With the exception of the limited, ninety (90) day warranty commencing on the installation date that Software shall conform to the attached specifications, the Software is provided "AS IS" and without warranty of any kind.  If the Software and dated proof of downloading are returned to Manufacturer within ninety (90) days of the date of downloading, and if Hoin Manufacturer determines the Software to be seriously defective in any material performance described in such specification, and provided the Software was not subject to misuse, abuse, misapplication or use in defective equipment, Manufacturer will, at its option, (1) replace the Software, or (2) restore the Software.  EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SOFTWARE IS PROVIDED WITHOUT ANY IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

You expressly acknowledge and agree that use of the Software is at your sole risk.  In addition, Manufacturer shall not be liable for any damages resulted from any use of the Application Software, including, but not limited to combination of the Software and the Application Software in any manner and form.

IN NO EVENT WILL Manufacturer OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE BE LIABLE FOR SPECIAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR INABILITY TO USE THE SOFTWARE, EVEN IF Manufacturer OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. General

If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.  Any notices or other communications to be Manufacturer must be mailed by certified mail to the following address: Manufacturer

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements and undertakings are hereby expressly canceled.  No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of Manufacturer