Epson LS100 ESC/VP Level 21 RS-232 Control Codes - Page 203

Acceptance and Termination. If You distribute copies of the Original Work or a Derivative Work,

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express or implied, including, without limitation, the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of this License. No license to Original Work is granted hereunder except under this disclaimer. 8) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to any person for any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or the use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. This limitation of liability shall not apply to liability for death or personal injury resulting from Licensor's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to You. 9) Acceptance and Termination. If You distribute copies of the Original Work or a Derivative Work, You must make a reasonable effort under the circumstances to obtain the express assent of recipients to the terms of this License. Nothing else but this License (or another written agreement between Licensor and You) grants You permission to create Derivative Works based upon the Original Work or to exercise any of the rights granted in Section 1 herein, and any attempt to do so except under the terms of this License (or another written agreement between Licensor and You) is expressly prohibited by U.S. copyright law, the equivalent laws of other countries, and by international treaty. Therefore, by exercising any of the rights granted to You in Section 1 herein, You indicate Your acceptance of this License and all of its terms and conditions. 10) Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, against Licensor or any licensee alleging that the Original Work infringes a patent. This termination provision shall not apply for an action alleging patent infringement by combinations of the Original Work with other software or hardware. 11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Original Work outside the scope of this License or after its termination shall be subject to the requirements and penalties of the U.S. Copyright Act, 17 U.S.C. § 101 et seq., the equivalent laws of other countries, and international treaty. This section shall survive the termination of this License. 12) Attorneys Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys' fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License. 203

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express or implied, including, without limitation, the warranties of NON-INFRINGEMENT,
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE
QUALITY OF THE ORIGINAL WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an
essential part of this License. No license to Original Work is granted hereunder except under this
disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including
negligence), contract, or otherwise, shall the Licensor be liable to any person for any direct, indirect,
special, incidental, or consequential damages of any character arising as a result of this License or the
use of the Original Work including, without limitation, damages for loss of goodwill, work stoppage,
computer failure or malfunction, or any and all other commercial damages or losses. This limitation of
liability shall not apply to liability for death or personal injury resulting from Licensor's negligence to the
extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages, so this exclusion and limitation may not apply to You.
9) Acceptance and Termination. If You distribute copies of the Original Work or a Derivative Work, You
must make a reasonable effort under the circumstances to obtain the express assent of recipients to the
terms of this License. Nothing else but this License (or another written agreement between Licensor and
You) grants You permission to create Derivative Works based upon the Original Work or to exercise any
of the rights granted in Section 1 herein, and any attempt to do so except under the terms of this License
(or another written agreement between Licensor and You) is expressly prohibited by U.S. copyright law,
the equivalent laws of other countries, and by international treaty. Therefore, by exercising any of the
rights granted to You in Section 1 herein, You indicate Your acceptance of this License and all of its
terms and conditions.
10) Termination for Patent Action. This License shall terminate automatically and You may no longer
exercise any of the rights granted to You by this License as of the date You commence an action,
including a cross-claim or counterclaim, against Licensor or any licensee alleging that the Original Work
infringes a patent. This termination provision shall not apply for an action alleging patent infringement by
combinations of the Original Work with other software or hardware.
11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may be brought
only in the courts of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary
business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application
of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Any use of the Original Work outside the scope of this License or after its termination shall be subject to
the requirements and penalties of the U.S. Copyright Act, 17 U.S.C. § 101 et seq., the equivalent laws
of other countries, and international treaty. This section shall survive the termination of this License.
12) Attorneys Fees. In any action to enforce the terms of this License or seeking damages relating
thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without
limitation, reasonable attorneys' fees and costs incurred in connection with such action, including any
appeal of such action. This section shall survive the termination of this License.