End User Software License Agreement

Notice to User:

This is a legal agreement ("Agreement") between you (an individual or single entity, referred to hereinafter as "you") and Seiko Epson Corporation ("Epson") for the use of computer software for use with Epson micro device products (the "Epson Products", described in Exhibit A), including any accompanying explanatory written materials (the "Software", described in Exhibit A).

BEFORE DOWNLOAD, INSTALLING OR OTHERWISE USING THE SOFTWARE, YOU MUST AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU AGREE, CLICK ON THE ACCEPT BUTTON BELOW. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE DECLINE BUTTON BELOW AND YOU WILL NOT BE ABLE TO DOWNLOAD THE SOFTWARE.

1. Evaluate License. Epson grants you a personal, non-transferable, limited, non-sublicensable, nonexclusive and worldwide license to install and use the Software only to evaluate Epson's Products described in Exhibit A.
   
   1. Limited License. The Software may be installed in a single operating system environment; and only used by you, and then, only to evaluate Epson's Products internally.
2. Other Rights and Limitations; Security.
   
   1. Software. The term "Software" shall include: (i) the software components and media; and (ii) any upgrades, updates, additions and copies of the Software licensed to you by Epson.
   2. Limitations. Except as expressly provided in this Agreement, you may not (and may not cause or authorize any third party to) use, distribute, translate, amend or adapt the Software (or any part thereof) without the prior written permission of Epson. You agree not to attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software to the extent that it has been supplied to you in object code form. You may not rent, lease, distribute, sublicense or lend the Software to any third parties. Further, you agree not to place the Software onto a server so that it is accessible via a public network such as the Internet.
3. Ownership and Reservation of Rights
   
   1. Ownership. All title, ownership rights, and intellectual property rights in and to the Software shall remain with Epson. The Software is protected by Japanese Copyright Law and international copyright treaties, as well as other intellectual property laws and treaties. There is no transfer to you of any title to or ownership of the Software and this Agreement shall not be construed as a sale of any rights in the Software. You agree not to remove or alter any copyright, trademark, registered mark or other proprietary notices on any copies of the Software.
   2. Reservation of Rights. Epson reserves all rights in relation with the Software, not specifically granted herein.
   3. Infringement or Threatened Infringement of Rights in the Software. You shall promptly give notice to Epson up on becoming aware of any infringement or threatened infringement of, or challenge to, the intellectual property rights in and to the Software. You shall, at the request and expense of Epson, do all such things as may be reasonably required to assist Epson in taking or resisting any proceedings in relation to any such infringement, threatened infringement or challenge.
4. Warranty Disclaimers and Indemnification.
   
   1. Warranty Disclaimers. You acknowledge and agree that the use of the Software is at your own risk. THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND. EPSON DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EPSON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Some states and/or jurisdictions do not allow the exclusion or limitation of implied warranties in certain circumstances; thus, the above limitations may not apply to you.
   2. Indemnification. You agree to defend, indemnify and hold harmless Epson from any claims, liabilities, damages, losses and expenses (including attorneys' fees), that arise or result from your breach of the terms and conditions of this Agreement, including any claim that you infringes the rights (including intellectual property rights) of third parties in relation with the Software.
5. Limitation of Liability. IN NO EVENT WILL EPSON BE LIABLE TO YOU, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OR WARRANTY, MISREPRESENTATION OR OTHERWISE, FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF EPSON OR ANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. In no event shall the cumulative liability of Epson for any damages, regardless of the nature of the claim, exceed the amount paid by you for the Software. Some states and jurisdictions do not allow the exclusion or limitation of liability in certain circumstances; thus, the above limitation may not apply to you.
6. Termination. Without prejudice to any other rights Epson has, this Agreement and the licenses granted herein shall automatically terminate upon failure by you to comply with its terms. You may also terminate this Agreement and the licenses granted herein at any time by destroying the Software and all copies.
7. Export Restriction. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by Japanese export regulations or any other export laws, restrictions or regulations.
8. Governing Law and General Provisions. This Agreement shall be governed and construed under the laws of Japan, without regard to its conflicts of law rules. Application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. This Agreement is the entire agreement between the parties related to the Software, and supersedes any purchase order, communication, advertisement, or representation concerning the Software. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, assigns and legal representatives. If any provision herein is found to be void or unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified in writing signed by an authorized officer of Epson.

Links

End User Software License Agreement Exhibit A

Privacy Statement

Information Notice about Personal Data
For residents in Europe, the Middle East, Africa and Russia registering for
Download of Epson Sensing System Software

(For EEA residents: Given in compliance with Article 13 of the EU General Data Protection Regulation)

Edition 1.0 15 March 2018

Thank you for visiting Download of Epson Sensing System Software Website (the "Site"). On the Site, You can download Epson Sensing System Software from the Site (the "Service"). We ask you to enter personal information in order to provide the Service.

The personal information which Epson holds (and will hold in the future) about you is:

• Information that you have provided (and may in the future provide) to Epson in connection with the Service (basic information about you).
• Information about the application you are developing (or developed).
• Information gathered from Epson's own systems about your use of the Service and about Epson's interactions with you. This includes information gathered through cookies^* and other similar tools.

Epson does not require you to give any personal information to make use of the Service other than those items highlighted in bold within the list of the personal information which may be held by Epson (shown at the end of this notice).

The primary purpose for which Epson will use this information is to deliver the Service. The legal basis for this is that the information is necessary for the performance of the Agreement (End User Software License Agreement) you have entered into for the Service.

An ancillary purpose is to enable Epson better to understand how customers use their devices in order to further develop and refine Epson's products and services. When used for this purpose the data is aggregated and anonymised. Epson is not seeking to track how you as an individual use the Service. The legal basis for this is that the information is necessary to enable Epson's legitimate business interests. If, in the future, Epson wishes to process your data for some other purpose it will first provide you with information about that other purpose. We will also notify you if other information in this notice changes.

"Epson" (the controller of the information) is :

Seiko Epson Corporation
MSM Business Project
281 Fujimi , Fujimi-machi, Suwa-gun, Nagano-ken, Japan
E-mail: Privacy_MSM@exc.epson.co.jp

Epson's European representative is :

Epson Europe B.V.
Personal Data Administration
Azie Building, Atlas Arena,
Hoogoorddreef 5, 1101BA Amsterdam Zuid,
The Netherlands
E-mail: privacy@epson.eu

Epson will not perform automated profiling.

Epson will destroy or delete your personal information when Epson believes there is no need to use your personal information due to termination of the Agreement etc. After this time only anonymised data will be held.

Epson uses third parties (within Japan) to perform some processing activities on its behalf. 'Processing' refers to anything Epson does with the information about you including gathering it, holding it, using it and disclosing it. Some or all of your personal data may be disclosed to them, but they are only permitted to use the disclosed data for the purposes for which Epson holds your data and in accordance with Epson's directions.

In addition to third party processors, Epson may disclose limited personal data about you (your name, contact details and registered products) to Epson group companies within Europe so that they are aware of who within their sales territories have purchased Epson Sensing System devices and are using the Service. However, they will not send any electronic marketing communications to you unless you have consented to this.

Epson is based, and operates the Service, in Japan. By entering information into the Service website you are transmitting your data to a country outside the EU. Epson will not transfer any of your data to any other country outside the EEA.

If you are an individual resident within the EEA, Epson is subject to the legal requirements contained in the EU GDPR. As a "data subject" you have statutory rights to request from Epson access to and rectification or erasure of personal data or restriction of processing concerning yourself or to object to processing as well as the right to data portability and the right to lodge a complaint with a supervisory authority.

Epson's European Data Protection Officer may be contacted by writing to "The EDPO, Epson Europe B.V. Azie Building, Atlas Arena, Hoogoorddreef 5, 1101BA Amsterdam Zuid, The Netherlands" or, using E-mail: EDPO@epson.eu

Details of the categories of Personal information provide by you which may be held by Epson. Those items highlighted in bold text must be given in order to use the Service:

Information you entered for the "Download of Epson Sensing System Software":

• Your Name
• Name of Company (or Organization).
• Country
• Name of Department
• Mail Address
• Evaluation board holding status

Epson also collect statistical information about your visits to or use of the Service. Epson uses logs, IP address, User-Agent header, First-party cookie and Session cookie.

* Cookies are data files that are placed on a device when it is used to visit a website. These cookies may be used for many purposes, including tracking user preferences and web pages visited while using the Service. You may disable cookies using your browser's preferences. However, some features of the Service may not function properly or may operate slowly if you disable the cookies. In addition, please be aware that if you choose to block cookies, some advertising preferences that are dependent on cookies may not be able to be respected.

In addition, Google Inc.'s Google Analytics is used to collect and analyse usage history etc. Google Analytics uses First Party Cookies to record information about your access. Please refer to Google Inc.'s privacy policy for the privacy policy of Google Analytics used by the Service: http://www.google.com/policies/privacy/