SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENT 

PLEASE READ CAREFULLY BEFORE USING AND INSTALLING THIS SOFTWARE PROGRAM OR USING THIS PRODUCT: BY USING THIS SOFTWARE PROGRAM OR THIS PRODUCT, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENTS.  IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, DOWNLOAD THE SOFTWARE PROGRAM OR OTHERWISE USE THE PRODUCT.   IF YOU DO NOT AGREE WITH THE TERMS OF THIS SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENTS, PROMPTLY RETURN THE PRODUCT UNUSED AND REQUEST A REFUND OF THE AMOUNT YOU PAID.  IF YOU ARE INSTALLING THIS SOFTWARE PROGRAM OR PRODUCT FOR USE BY OTHER PARTIES, YOU AGREE TO INFORM THE USERS THAT USE OF THE SOFTWARE PROGRAM OR PRODUCT INDICATES ACCEPTANCE OF THESE TERMS.

FIRMWARE UPDATES
FIRMWARE UPDATES MAY MODIFY PRINTER SETTINGS AND CAUSE COUNTERFEIT AND/OR UNAUTHORIZED PRODUCTS, SUPPLIES, PARTS, MATERIALS (SUCH AS TONERS AND INKS), SOFTWARE, OR INTERFACES TO STOP WORKING.  AUTHORIZED USE OF GENUINE PRODUCTS WILL NOT BE IMPACTED.

PRINTER LICENSE
The patented printer is licensed for, and designed to work with only genuine toner and/or ink cartridges (and developer components, in the case of a laser printer) made by the manufacturer of this printer for the life of the patented printer.  Under this patent license, you agree to: (1) use only genuine toner and/or ink cartridges made by the manufacturer of this printer with this licensed printer except as otherwise provided below, (2) if the patented printer is a laser printer, use only genuine developer components made by the manufacturer of this printer with this licensed laser printer except as otherwise provided below, and (3) pass this license/agreement to any subsequent user of this licensed printer.  The patented toner and/or ink cartridges (and developer components in the case of a laser printer) inside are licensed subject to a restriction that they may be used only once.  Following their initial use, you agree to return them only to us or the manufacturer for recycling.  Please contact us for information regarding free empty toner cartridge returns. The genuine toner and/or ink cartridges are designed to stop working after delivering a fixed amount of toner and/or ink.  A variable amount of toner and/or ink may remain in them when replacement is required.  If you do not accept the terms of this single use license/agreement; return this product in its original packaging to your point of purchase.  Replacement toner and/or ink cartridge(s) sold without these terms are available.  Please contact us or your place of purchase for more information regarding the availability of these regular cartridges. Please be aware that a regular cartridge, that is cartridges not sold subject to this single use patent license, may be refilled by you, or a third party, as the only cartridge alternative to be used with the licensed printer.

CARTRIDGE LICENSE AGREEMENT
I agree that the patented print cartridge(s) shipped with this printing device is (are) sold subject to the following license/agreement:  The patented print cartridge(s) contained inside is (are) licensed for a single use only and is (are) designed to stop working after the delivery of a fixed amount of toner/ink. A variable amount of toner/ink will remain in the cartridge when replacement is required.  After this single use, the license/right to use the print cartridge terminates and the used cartridge must be returned only to the manufacturer for remanufacturing, refilling or recycling. If I buy another cartridge in the future that is sold subject to the same or similar terms, I hereby accept such terms as to that cartridge as well.  If you do not accept the terms of this single use license/agreement; return this product in its original packaging to your point of purchase.  Replacement cartridges sold without these terms are available.  Please contact us or your place of purchase for more information regarding the availability of these regular cartridges.  

Fuser/Imaging Unit License - Single Use: Please read before opening.  Opening this package or using the patented fuser and/or imaging unit inside confirms your acceptance of the following license/agreement.  The patented fuser and imaging unit are each sold at a special price subject to a patent restriction that each be used only once.  Following the initial use, you agree to return the fuser and/or imaging unit only to the manufacturer for remanufacture and/or recycling.  The fuser and imaging unit are designed to stop working once they reach their respective rated life (as established by the manufacturer).  If you do not accept these terms, return the unopened package to your point of purchase.  Replacement fuser(s) and imaging unit(s) sold without these terms are available.

SOFTWARE LICENSE AGREEMENT
This Software Limited Warranty and License Agreement ("Software License Agreement") is a legal agreement between you (either an individual or a single entity) and the developer of the printing device you purchased ("Licensor") that to the extent your Licensor product or Software Program is not otherwise subject to a written software license agreement between you and Licensor or its suppliers, governs your use of any Software Program installed on or provided by Licensor for use in connection with your Licensor product.  The term "Software Program" includes machine-readable instructions, audio/visual content (such as images and recordings), and associated media, printed materials and electronic documentation, whether incorporated into, distributed with or for use with your Licensor product. Suppliers of Licensor shall be deemed third party beneficiaries of this Agreement.

1.     STATEMENT OF SOFTWARE LIMITED WARRANTY.   Licensor warrants that media (e.g., diskette or compact disk) on which the Software Program is furnished, if any, is free from defects in materials and workmanship under normal use during the warranty period.  The warranty period is ninety (90) days and commences on the date the Software Program is delivered to the original end-user. This limited warranty applies only to Software Program media purchased new from Licensor or an Authorized Licensor Reseller or Distributor.  Licensor will replace the Software Program should it be determined that the media does not conform to this limited warranty.  

2.     DISCLAIMER AND LIMITATION OF WARRANTIES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS PROVIDE THE SOFTWARE PROGRAM "AS IS" AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ABSENCE OF VIRUSES, ALL WITH REGARD TO THE SOFTWARE PROGRAM.  LICENSOR:  (x) UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE SOFTWARE PROGRAM AND (y) ASSUMES NO RESPONSIBILITY THAT THE SOFTWARE PROGRAM WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE ACQUIRING IT, EXCEPT AS OTHERWISE PROVIDED IN THIS DISCLAIMER.

	This Agreement is to be read in conjunction with certain statutory provisions, as that may be in force from time to time, that imply warranties or conditions or impose obligations on Licensor that cannot be excluded or modified.  If any such provisions apply, then to the extent Licensor is able, Licensor hereby limits its liability for breach of those provisions to one of the following:  providing you a replacement copy of the Software Program or reimbursement of the greater of the price paid for the Software Program or five U.S. dollars (or the equivalent in local currency).  

	The Software Program may include internet links to other software applications and/or Internet sites hosted and operated by third parties unaffiliated with Licensor.  You acknowledge and agree that Licensor is not responsible in any way for the hosting, performance, operation, maintenance, or content of, such software applications and/or Internet sites.


3.     LIMITATION OF REMEDY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL LIABILITY OF LICENSOR UNDER THIS SOFTWARE LICENSE AGREEMENT IS EXPRESSLY LIMITED TO THE GREATER OF THE PRICE PAID FOR THE SOFTWARE PROGRAM AND FIVE U.S. DOLLARS (OR THE EQUIVALENT IN LOCAL CURRENCY).  YOUR SOLE REMEDY AGAINST LICENSOR IN ANY DISPUTE UNDER THIS SOFTWARE LICENSE AGREEMENT SHALL BE TO SEEK TO RECOVER ONE OF THESE AMOUNTS, UPON PAYMENT OF WHICH LICENSOR SHALL BE RELEASED AND DISCHARGED OF ALL FURTHER OBLIGATIONS AND LIABILITY TO YOU.  

IN NO EVENT WILL LICENSOR, ITS SUPPLIERS, SUBSIDIARIES, OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUES, LOST SAVINGS, INTERRUPTION OF USE OR ANY LOSS OF, INACCURACY IN, OR DAMAGE TO, DATA OR RECORDS, FOR CLAIMS OF THIRD PARTIES, OR DAMAGE TO REAL OR TANGIBLE PROPERTY, FOR LOSS OF PRIVACY),  IN CONNECTION WITH THE SOFTWARE PROGRAM, INCLUDING WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM (a)  THE USE OR INABILITY TO USE THE SOFTWARE PROGRAM, (b) THE COST OF PROCURING SUBSTITUTE SOFTWARE, OR (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY OR CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), AND EVEN IF LICENSOR, OR ITS SUPPLIERS, AFFILIATES, OR REMARKETERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY YOU BASED ON A THIRD-PARTY CLAIM, EXCEPT TO THE EXTENT THIS EXCLUSION OF DAMAGES IS DETERMINED LEGALLY INVALID.  THE FOREGOING LIMITATIONS APPLY EVEN IF THE ABOVE-STATED REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS.


4.     LICENSE GRANT.  Licensor grants you the following rights provided you comply with all terms and conditions of this Software License Agreement:
a.	Use.  You may Use one (1) copy of the Software Program.  The term "Use" means storing, loading, installing, executing, or displaying the Software Program.  You may not separate the components of the Software Program for use on more than one computer.  You agree that you will not Use the Software Program, in whole or in part, in any manner that has the effect of overriding, modifying, eliminating, obscuring, altering or de-emphasizing the visual appearance of any trademark, trade name, trade dress or intellectual property notice that appears on any computer display screens normally generated by, or as a result of, the Software Program.
b.	Copying. You may make one (1) copy of the Software Program solely for purposes of backup, archiving, or installation, provided the copy contains all of the original Software Program's proprietary notices.  You may not copy the Software Program to any public or distributed network.


5.     RESERVATION OF RIGHTS. The Software Program, including all fonts, is copyrighted and owned by Licensor and/or its suppliers.  Licensor reserves all rights not expressly granted to you in this Software License Agreement.


6.     FREEWARE.  Notwithstanding the terms and conditions of this Software License Agreement, all or any portion of the Software Program that constitutes software provided under public license by third parties ("Freeware") is licensed to you subject to the terms and conditions of the software license agreement accompanying such Freeware, whether in the form of a discrete agreement, shrink-wrap license, or electronic license terms at the time of download or installation.  Use of the Freeware by you shall be governed entirely by the terms and conditions of such license.


7.     LIMITATION ON REVERSE ENGINEERING.  You may not alter, decrypt, reverse engineer, reverse assemble, reverse compile or otherwise translate the Software Program or assist or otherwise facilitate others to do so, except as and to the extent expressly permitted to do so by applicable law for the purposes of inter-operability, error correction, and security testing.  If you have such statutory rights, you will notify Licensor in writing of any intended reverse engineering, reverse assembly, or reverse compilation.  You may not decrypt the Software Program unless necessary for the legitimate Use of the Software Program.


8.     TRANSFER.  You may transfer the Software Program to another end-user.  Any transfer must include all software components, media, printed materials, and this Software License Agreement and you may not retain copies of the Software Program or components thereof.  The transfer may not be an indirect transfer, such as a consignment.  Prior to the transfer, the end-user receiving the transferred Software Program must agree to all these Software License Agreement terms.  Upon transfer of the Software Program, your license is automatically terminated.  You may not rent, sublicense, or assign the Software Program except to the extent provided in this Software License Agreement.


9.     UPGRADES.  To Use a Software Program identified as an upgrade, you must first be licensed to the original Software Program identified by Licensor as eligible for the upgrade.  After upgrading, you may no longer use the original Software Program that formed the basis for your upgrade eligibility.


10.     ADDITIONAL SOFTWARE.  This Software License Agreement applies to updates or supplements to the original Software Program provided by Licensor unless Licensor provides other terms along with the update or supplement.


11.     TERM.  This Software License Agreement becomes effective upon your acceptance and continues in effect unless terminated or rejected.  You may reject or terminate this license at any time by destroying all copies of the Software Program, together with all modifications, documentation, and merged portions in any form, or as otherwise described herein.  Licensor may terminate your license upon notice if you fail to comply with any of the terms of this Software License Agreement.  Upon such termination, you agree to destroy all copies of the Software Program together with all modifications, documentation, and merged portions in any form.  

12.     TAXES.  You agree that you are responsible for payment of any taxes including, without limitation, any goods and services and personal property taxes, resulting from this Software License Agreement or your Use of the Software Program.  


13.     LIMITATION ON ACTIONS.  No action, regardless of form, arising out of this Software License Agreement may be brought by either party more than two years after the cause of action has arisen, except as provided under applicable law.


14.     APPLICABLE LAW.   If you acquired this product in a country which is a member of the European Union, the laws of that country shall govern the interpretation of this Software License Agreement and any claims arising hereunder, regardless of choice of laws principles of any other jurisdiction.  If you acquired this product in any other country, the laws of the Commonwealth of Kentucky, United States of America, shall govern the interpretation of this Software License Agreement and any claims arising hereunder, regardless of choice of laws principles of any other state. The UN Convention on Contracts for the International Sale of Goods shall not apply.

15.     GOVERNMENT END USERS. The Software Program and any related documentation are "Commercial Items," as that term is defined in 48 C.F.R. 2.101, "Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable.  Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7207-4, as applicable, the Commercial Computer Software and Commercial Software Documentation are licensed to the U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.


16.     CONSENT TO PROCESS AND TRANSFER DATA.  You agree to comply with all applicable laws and regulations including, but not limited to, laws pertaining to the collection and use of personal data. You agree that Licensor, its affiliates, and agents may collect and use information (including any personal data) you provide in relation to (i) any support services performed in connection with the Software Program and requested by you or (ii) enabling any functionality of the Software Program.  Licensor agrees not to use this information in a form that personally identifies you, except to the extent necessary to provide such services or enable the functionality of the Software Program. You agree that Licensor may transfer your information to the United States or other countries for use in accordance with this Section.

17.     EXPORT RESTRICTIONS.  You may not (a) acquire, ship, transfer, or reexport, directly or indirectly, the Software Program or any direct product therefrom, in violation of any applicable export laws or (b) permit the Software Program to be used for any purpose prohibited by such export laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.


18.     AGREEMENT TO CONTRACT ELECTRONICALLY.  You and Licensor agree to form this Software License Agreement electronically.  This means that by downloading, installing and/or using the Software Program, you acknowledge your agreement to these Software License Agreement terms and conditions and that you are doing so with the intent to "sign" a contract with Licensor.


19.     CAPACITY AND AUTHORITY TO CONTRACT.  You represent that you are of the legal age of majority in the place you sign this Software License Agreement and, if applicable, you are duly authorized by your employer or principal to enter into this contract.


20.     ENTIRE AGREEMENT.  This Software License Agreement (including any addendum or amendment to this Software License Agreement that is included with the Software Program) is the entire agreement between you and Licensor relating to the Software Program.  Except as otherwise provided for herein, this Software License Agreement supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software Program or any other subject matter covered by this Software License Agreement (except to the extent such extraneous terms do not conflict with the terms of this Software License Agreement, any other written agreement signed by you and Licensor relating to your use of the Software Program).  To the extent any Licensor policies or programs for support services conflict with the terms of this Software License Agreement, the terms of this Software License Agreement shall control.
Notwithstanding the foregoing, software owned by Sun Microsystems, Inc. is subject to the Additional License Terms for Sun Microsystems, Inc. software as set forth below.

ADDITIONAL LICENSE TERMS FOR SUN MICROSYSTEMS, INC. SOFTWARE

In addition to the foregoing, with respect to any Sun Microsystems, Inc. software ("Sun Software") licensed hereunder, the following terms apply:

1. LICENSE RESTRICTIONS.  The Sun Software is licensed to Licensee only under the terms of this Agreement, and Sun reserves all rights not expressly granted to Licensee. Licensee may not use, copy, modify, or transfer the Sun Software, or any copy thereof, except as expressly provided for in this Agreement or by applicable law. Except as otherwise provided by law for purposes of decompilation of the Sun Software solely for inter-operability, error correction or security testing, Licensee may not reverse engineer, disassemble, decompile, or translate the Sun Software, or otherwise attempt to derive the source code of the Sun Software. Licensee may not rent, lease, loan, or sell the Sun Software, or any part of the Software. No right, title, or interest in or to any trademarks, service marks, or trade names of Sun or Sun's licensors is granted hereunder.

2. AIRCRAFT PRODUCT AND NUCLEAR APPLICATIONS RESTRICTION.  Sun Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility.  Sun disclaims any express or implied warranty of fitness for such uses. Licensee warrants that it will not use or redistribute the Sun Software for such purposes.

3. NO WARRANTY.  To the full extent permitted by law, the Sun Software is provided to licensee "AS IS". All express or implied conditions, representations, and warranties, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid.

4. LIMITATION OF DAMAGES.  To the extent not prohibited by applicable law, Sun's aggregate liability to Licensee or to any third party for claims relating to this agreement, whether for breach or in tort, will be limited to the fees paid by Licensee for Sun Software which is the subject matter of the claims. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Liability for damages will be limited and excluded, even if any exclusive remedy provided for in this Agreement fails of its essential purpose.

5. GOVERNMENT USER RIGHTS IN DATA: If procured by, or provided to, the U.S. Government, use, duplication, or disclosure of technical data is subject to restrictions as set forth in DFARS 252.227-7013(c) (1) (ii), FAR 52.227-14(g)(2), Rights in Data-General (June 1987); and for computer software and computer software documentation, FAR 52-227-19, Commercial Computer Software-Restricted Rights (June 1987). However, if under DOD, use, duplication, or disclosure of technical data is subject to DFARS 252.227-7015(b), Technical Data-Commercial Items (June 1995); and for computer software and computer software documentation, as specified in the license under which the computer software was procured pursuant to DFARS 227.7202-3(a).  Licensee shall not provide Sun Software nor technical data to any third party, including the U.S. Government, unless such third party accepts the same restrictions. Licensee is responsible for ensuring that proper notice is given to all such third parties and that the Sun Software and technical data are properly marked.

6. EXPORT LAW.  Licensee acknowledges and agrees that the Sun Software and/or technology is subject to the U.S. Export Administration Laws and Regulations. Diversion of such Sun Software and/or technology contrary to U.S. law is prohibited. Licensee agrees that none of the Sun Software and/or technology, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or reexported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. This list is subject to change without further notice from Sun, and Licensee must comply with the list as it exists in fact. Licensee certifies that it is not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List.  Licensee agrees to comply strictly with all U.S. export laws and assumes sole responsibility for obtaining licenses to export or re-export as may be required.  Licensee is responsible for complying with any applicable local laws and regulations, including but not limited to, the export and import laws and regulations of other countries.

7. TRADEMARKS AND LOGOS.  This Agreement does not authorize Licensee to use any Sun name, trademark or logo. Licensee acknowledges that Sun owns the Java trademark and all Java-related trademarks, logos and icons including the Coffee Cup and Duke ("Java Marks") and agrees to:  (i) comply with the Java Trademark Guidelines at http://java.sun.com/trademarks.html; (ii) not do anything harmful to or inconsistent with Sun's rights in the Java Marks; and (iii) assist Sun in protecting those rights, including assigning to Sun any rights acquired by Licensee in any Java Mark.

8. TERMINATION.  This Agreement is effective until terminated.  You may terminate this Agreement at any time by destroying all copies of Sun Software.  This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement.  Upon Termination, you must destroy all copies of Sun Software.

9. GOVERNING LAW.  Any action related to the Sun Software will be governed by California law and controlling U.S. federal law.  No choice of law rules of any jurisdiction will apply.

10. SEVERABILITY.  If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

11. INTEGRATION.  This Agreement is the entire agreement between you and Sun relating to its subject matter.  It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement.  No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.


MICROSOFT CORPORATION NOTICES
1.  This product may incorporate intellectual property owned by Microsoft Corporation.  The terms and conditions upon which Microsoft is licensing such intellectual property may be found at http://go.microsoft.com/fwlink/?LinkId=52369.

2.  This product is based on Microsoft Print Schema technology.  You may find the terms and conditions upon which Microsoft is licensing such intellectual property at http://go.microsoft.com/fwlink/?LinkId=83288.

EU4-0130-EN
