Software License Agreement

IMPORTANT
If you do not agree to the terms of this Software License Agreement, you may not use this software.

Please read this Agreement carefully before using the software and accompanying documentation contained in the CD-ROM as mentioned below (hereinafter "Licensed Software"). By installing the Licensed Software, you are indicating your acceptance of these terms and conditions and this Agreement is deemed effective between Licensor and you (hereinafter "Licensee").

PCL Printer Driver for Windows Me/98/95, PCL Printer Driver for Windows NT4.0, PCL Printer Driver for Windows 2000, PCL Printer Driver for Windows XP, Jolimark Storage Device Manager (for Windows Me/95/98,Windows NT4.0,Windows 2000,and Windows XP), Color Correct Utility (for Windows Me/95/98,Windows NT4.0,Windows 2000,and Windows XP), Color Swatch Utility (for Windows Me/98,Windows NT4.0,Windows 2000 and Windows XP), Jolimark Print Direct (for Windows Me/95/98,Windows NT4.0,Windows 2000,and Windows XP), Jolimark LPR Utility (for Windows Me/95/98,Windows NT4.0,Windows 2000,and Windows XP), Network Extension (for Windows Me/95/98,Windows NT4.0,Windows 2000,and Windows XP), PrintSuperVision (for Windows 2000,and Windows XP), Jolimark Setup Utility (Windows Me/95/98,Windows NT4.0,Windows 2000,and Windows XP), Jolimark Device Utility (for Windows 3.1), Private MIB Definition File, USB Driver (for Windows Me/98), PPD File (for Windows Me/95/98,Windows NT4.0,Windows 2000,Windows XP,and Macintosh), ICC Profile (for Windows Me/95/98,Windows 2000,Windows XP and Macintosh), Jolimark PSUtility (for Macintosh), Swatch Utility (for Macintosh) and Setup Utility (for Macintosh) are provided by Kong Yue Jolimark Information Technology LTD. (hereinafter "Licensor").  

PostScript?Printer Driver for Macintosh, PostScript?Printer Driver for Windows Me/98/95, PostScript?Printer Driver for Windows NT4.0,Adobe Type Manager?Screen Font, PS3FontsInstaller and related explanatory written materials (hereinafter "Adobe Software") are provided by Licensor under the license between Licensor and Adobe Systems Incorporated, a Delaware corporation, located at 345 Park Avenue, San Jose, CA95110-2704 U.S.A.("Adobe"). 

1.	Scope of the license 
Licensor grants, and Licensee accepts, a non-exclusive license to install the Licensed Software on multiple computers which are directly or through network connected to Licensor's printer product purchased by Licensee ("Printer") and to use the Licensed Software solely in conjunction with Printer. Licensee may make one copy of the Licensed Software only for backup purpose. Any copies of the Licensed Software that Licensee is permitted to make herein must contain the same copyright and other proprietary notices that appear on or in Licensed Software. Other than that, Licensee agrees not to make copies, reproduce, or allow anyone to make copies or reproduce, the Licensed Software, in whole or in part.

2.	Ownership and Restriction
(1)	Licensor or its suppliers own all the copyright and proprietary rights in and to the Licensed Software. The structure, organization and code contained in Licensed Software are the valuable trade secrets of Licensor and its suppliers. Licensed Software is also protected by United States Copyright Law and International Treaty provisions. Licensee must treat the Licensed Software just as Licensee would any other copyrighted material, such as a book. 
(2)	Except as stated in Section 1, Licensee may not make copies rent, lease, distribute, transfer or reprint the Licensed Software, in whole or in part.
(3)	Licensee agrees not to modify, alter, translate, reverse engineer, decompile or disassemble the Licensed Software.
(4)	Except as stated in this Agreement, Licensor does not grant Licensee any intellectual property rights in or to the Licensed Software.

3.	Terms and Termination
(1)	This Agreement is effective until terminated.
(2)	The Agreement will also terminate where Licensee chooses to terminate it by destroying the Licensed Software and its documentation together with all copies.
(3)	Licensor may terminate this Agreement if Licensee fails to comply with any of the term and conditions of this Agreement. Upon termination, Licensee shall destroy Licensed Software and its copies in Licensee's possession and control.

4.	Warranty
THE LICENSED SOFTWARE IS PROVIDED "AS IS".  NEITHER LICENSOR NOR ITS SUPPLIERS WARRANT THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR WILL MEET LICENSEE'S NEEDS.  LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTY, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF ANY THIRD PARTY'S RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

5.	Disclaimer of Liability
IN NO EVENT WILL LICENSOR OR ITS SUPPLIERS BE LIABLE TO LICENSEE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF SAVINGS, OR LOSS OF DATA, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE NOR FOR ANY CLAIM BY ANY THIRD PARTY(IES) IN ANY WAY ARISING OUT OF OR RELATING TO THE LICENSED SOFTWARE, WHETHER THE CLAIM ALLEGES TORTIOUS CONDUCT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY, OR FOR ANY CLAIM BY ANY THIRD PARTY. 

6.	Governing Law and Export restriction
The license with respect to the Adobe Software under this Agreement is governed by the laws in force in the state of California.
The license with respect to the Licensed Software other than Adobe Software will be governed by the laws in force in Japan. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
Licensee agrees that the Licensed Software will not be shipped, transferred, exported or re-exported into any country or used in any manner prohibited by U.S., Japanese or any other applicable export laws or regulations.  Licensee agrees that it will not export or re-export the Licensed Software or products produced therefrom in any form without appropriate U.S., Japanese or any other governmental licenses. This Agreement shall automatically terminate upon failure by Licensee to comply with its terms.

7.	Entire Agreement
Licensee represents that Licensee reads and understands this Agreement and that this Agreement constitutes the entire understanding and agreement between Licensor and Licensee as to the license relating to the Licensed Software, and supersedes and replaces any prior agreement, written or oral.
The Licensee's obligations in this Agreement constitute the obligations to Licensor and all owners of the right licensed to Licensee under this Agreement.

8.	Notice to U.S. Government End Users
The Software is "Commercial Items," as that term is defined at 48 C.F.R. Section 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. Section 12.212.
 Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202-1 through 227.7202-4,all US Government End Users acquired the Software with only those rights set forth herein.
"the Software" in this section is deemed to be the Licensed Software defined in this Agreement.

9.	Third Party Beneficiary
Licensee is hereby notified that Adobe is a third?party beneficiary to this Agreement to the extent that this Agreement contains provisions that relate to Licensee's use of the Adobe Software licensed hereby. Such provisions are made expressly for the benefit of Adobe and are enforceable by Adobe in addition to Licensor to the extent the provisions with respect to the license of Adobe Software.

*	Use of Adobe Acrobat Reader
Adobe Acrobat Reader contained in this CD-ROM is distributed by Oki Data Corporation under the license between Oki Data Corporation and Adobe Systems Incorporated. By accepting the software license agreement contained in Adobe Acrobat Reader, Licensee will be granted to use of Adobe Acrobat Reader by Adobe Systems Incorporated.

*	Trademarks
Adobe, PostScript and Adobe Type Manager are registered trademarks of Adobe Systems Incorporated. 
Acrobat Reader is a trademark of Adobe Systems Incorporated. 
Macintosh is a registered trademark of Apple Computer, Inc. 
Windows and Windows NT are registered trademarks of Microsoft Corporation.
Other company names and product names referred in this Agreement are registered trademarks or trademarks of such respective companies.


