EPSON PROJECTION STUDIO APP
END USER SOFTWARE LICENSE AGREEMENT
|
NOTICE TO USER:
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THIS
SOFTWARE. |
1. Your Account.
You must create an account with Epson to use the Software, unless the Software serves as a web service. When you create an account, you will provide Epson with your personal information, such as your name, your email address, and other information that may identify you. Personal information is any information that identifies or may identify an individual (“Personal Information”). The Epson Privacy Policy explains how Epson collects, uses, and shares your Personal Information and how you can control it. You must keep your account information complete and up to date. Your account password must be kept confidential and secure. Do not disclose your account password to any third party. If you suspect your account was subject to unauthorized access, please contact Epson immediately. Some features of the Software can be accessed via a web browser, without the need to create an Epson account. However, when accessing the Software through a web browser you must agree to this Agreement to use the Software. The Software is not directed to minors or children under the age of 18, so you must be 18 years of age or older to use the Software. If we learn that a child is using the Software without parental or guardian consent, we will terminate their access and delete their account and data.
2. Guests.
When you use the Software, including when you host an event (in which case you will be referred to in this Agreement as the “Host”), you may invite other individuals, such as your friends and family to use the Software (“Your Guests”). Your Guests must download and install the Software, unless they access the Software through a web browser. Your Guest must agree to the terms of this Agreement and the Privacy Policy in order to use the Software and share their content for use with the Software. You are solely responsible (to us and to others) for all activity under your account, including the activity of Your Guests. In using the Software, you may share Your Guests’ Personal Information and Guest Content (as defined below) with Epson, and you represent and warrant that you have all the necessary rights and permissions from Your Guests for such sharing.
3. Software License Grant.
Epson grants you, as a User, Host, or Guest, a limited, nonexclusive,
non-sublicensable, non-transferable, revocable license to download, install and
use the Software solely for your personal, private, non-commercial use on your
Epson projector, computer, smartphone, tablet, or other mobile device
(collectively, "Device(s)"), provided that the Software is used
(i) only on a Device owned or otherwise controlled by
you, and (ii) only in connection with Epson Hardware
owned by you or your Host. You are responsible for ensuring system
compatibility between your Device and the Software.
4. Acceptable Use Policy
Epson wants you and Your Guests to use the Software safely and responsibly. You and Your Guests will not use the Software, including any content provided through the Software (such as, without limitation, music content), in any manner that:
(i) is unlawful, misleading, fraudulent, or for an illegal or unauthorized purpose;
(ii) violates the rights of any third parties, including copyright, trademark, other intellectual property, or privacy rights, including through the use of artificial intelligence tools or otherwise;
(iii) is defamatory of any person, impersonates others, or provides inaccurate information;
(iv) is offensive, violent, deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;
(v) is obscene, offensive, pornographic, hateful or inflammatory;
(vi) in the sole judgment of Epson, is objectionable or which restricts or inhibits any other person from using the Software, or which may expose Epson, the Software or its users to any harm or liability of any type;
(vii) can harm the Software or other impair anyone else’s use of the Software; or
(viii) helps or encourages anyone to do any of the above.
The Software allows you to (i) create short videos based on Your Content and Guest Content (“Your Videos”); and (ii) upload, store, and share Your Videos with Your Guests and others on social media platforms and other third-party services. Any copying or redistribution of the Software, including any content provided to you through the Software, is prohibited except for the case where such content is copied and/or redistributed as part of Your Videos created through the Software. If you violate this Acceptable Use Policy, Epson may, at its sole discretion, at any time, with or without notice, suspend or remove your account, or terminate the license granted in Section 3 above and this Agreement.
5. Restrictions.
You will not, nor attempt to, or allow others to, modify, adapt or translate
the Software and you further agree not to reverse engineer, decompile,
disassemble or otherwise attempt to discover the source code of the Software
and any of its components. The Software is for your personal, non-commercial
use. You may not rent, lease, distribute, lend to third parties, broadcast,
display, use or incorporate the Software into or with a revenue generating
product or service. Epson reserves the right to, at any time, without
notice, in whole or in part, remove Your Content (including any Guest Content),
suspend or terminate your account (i) if Epson determines, in its sole
discretion, that Your Content violates this Agreement; or (ii) if required to
do so by law.
6. Upgrades and Updates.
Epson may, from time to time, upgrade, update, or modify the Software. The
upgraded, updated, or modified version shall be included in, and become part of
the Software, and governed by this Agreement. You acknowledge that Epson has no
obligation to provide any Updates (as defined below) to the Software. Epson
may, however, from time to time, issue updated versions of the Software and the
Software may automatically connect to Epson or Epson’s third-party servers via
the Internet to check for available updates to the Software, such as bug fixes,
patches, upgrades, additional or enhanced functions, plug-ins and new versions
(collectively, "Updates") and may either (a) automatically
electronically update the version of the Software that you are using on your
personal device or (b) give you the option of manually downloading applicable
Updates.
7.Ownership Rights and Content Licenses.
7.1. As to the Software: All title, ownership rights, and intellectual
property rights in and to the Software shall remain with Epson or its licensors
and suppliers. The Software is protected by United States Copyright Law,
copyright laws of Japan 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 License shall not be construed
as a sale of any rights in the Software. You will not remove or alter any
copyright, trademark, registered mark and other proprietary notices on any
copies of the Software. Epson and/or its licensors and suppliers reserve all
rights not granted herein. The Software may also contain images, illustrations,
designs, and photos ("Materials"), and the copyright of such
Materials belongs to Epson and/or its licensors and suppliers and protected by
national and/or international intellectual property laws, conventions and
treaties. For clarity, (i) the Materials shall only be used with the Software
and for non-commercial purposes, (ii) the Materials shall be edited, adjusted
and copied only in the manner designated by the Software, and (iii) you may use
the Materials only as allowed under this Agreement. The Software may
allow you to connect with (iv) Epson’s Affiliates websites. products, and
services. When you engage with our Affiliates, the respective Affiliate’s terms
of use and privacy policies govern your use of the Affiliates’ websites,
products, and services; and (v) third party services, such as social media
platforms and music services (“Third-Party Services”). Your use of any
Third-Party Services is subject to the respective terms of use and privacy
policy of the Third-Party Service. You remain solely responsible for your
Third-Party Services use.
7.2. As to Your Content. You may upload or otherwise make available content through the Software including, without limitation, any text, images, photographs, videos, sound recordings and the musical works embodied therein (“Your Content”). You may also upload Your Guests’ text, images, photographs, audio, video, or other content for use with the Software (“Guest Content”). For the purposes of this Agreement, Your Content may also include Guest Content. You and Your Guests retain all ownership rights to your respective content, as appropriate.
7.3. License to Your Content. When you use the Software, including as a Host or as a Guest, you grant Epson, and its Affiliates, a royalty-free, worldwide, transferable, sublicensable right and license to (i) host, use, process, distribute, modify, transmit, copy, publicly perform or display, translate, and create derivative works of Your Content in connection with your use of the Software (locally, on a Device, and online, as appropriate); and (ii) use your and Your Guests’ name, image, voice, and likeness to identify you or Your Guests as the source of any of Your Content. The Software may allow you to extract all or any portion of Guest Content to produce additional content that will be incorporated into Your Content and, in relation to such additional content, you and Your Guests grant Epson the same rights referenced in (i) and (ii) above. The rights granted in this license are for the purpose of providing the Software to you, operating, promoting, improving the Software, and researching and developing new software and services. You authorize us to share your Content, including Guest Content, with Your Guests and our third-party services providers with whom we have contractual relationships with for the provision of the Software and our services. You authorize us to pass the rights granted in this Section 7.3 to Your Guests and our third-party service providers. The license to Your Content ends when Your Content is deleted from our systems or when you delete your account. However, when you (i) save Your Content in your Devices or to online third-party services; or (ii) upload Your Content to third-party social media platforms; or (iii) share Your Content with other individuals, you acknowledge and agree that (iv) Your Content will be subject to the respective terms of service and privacy policy of the third-party services or social media platforms; (iv) Epson has no control over such third-party services, social media platforms, or any other individuals you share Your Content with, and therefore, Epson is not liable for the actions of third-party services, social media platforms, or any other individuals you share Your Content with. By uploading Your Content for use with the Software, you and Your Guests waive any rights to prior inspection or approval, any and all rights of publicity, or any other rights of a similar nature in connection with Your Content, or any portion thereof.
7.4. Content Warranties. As a condition of your access to and use of the Software, you represent and warrant that you own Your Content, or you have received all necessary permissions, rights, clearances from, or are authorized (i) by the owner of any other content you use with the Software, and (ii) by Your Guests, to: use the aforementioned content with the Software, including rights to upload, share, modify (including by adding graphics, sticker, music, or other elements), reproduce, make derivative works of, publish, publicly display, publicly perform, and/or transmit Your Content to third parties and third party platforms (such as social media platforms) now known or hereafter created. Epson does not verify or approve Your Content or your Guest’s Content. Epson is not responsible for Your Content, your views, Your Guest’s views, or any third party’s views and opinions, and such views or opinions do not represent Epson’s views, values, or opinions.
8. Open Source and Other Third-Party
Components and Services.
Certain components of the Software may be covered by third-party licenses,
including "open source" software licenses, which means any software
licenses approved as open source licenses by the Open Source Initiative or any
substantially similar licenses, including without limitation any license that,
as a condition of distribution of the software licensed under such license,
requires that the distributor make the software available in source code format
(such third-party components, "Third-Party Components"). A list of
Third-Party Components, and associated license terms (as required), for
particular versions of the Software is indicated at https://support.epson.net/terms/,
the end of this Agreement, relevant user manual/CD, or the license information
displayed on your Device/in Software. To the extent required by the licenses
covering Third-Party Components, the terms of such licenses will apply in lieu
of the terms of this Agreement. To the extent the terms of the licenses
applicable to Third-Party Components prohibit any of the restrictions in this
Agreement with respect to such Third-Party Components, such restrictions will
not apply to such Third-Party Component. The Software may include third-party
services, such as Firebase Cloud Messaging (FCM), a service provided by Google,
Inc. to deliver push notifications. You must comply with the Google API Terms
of Service available at https://developers.google.com/terms/.
9.Disclaimer of Warranty and Remedy.
THE SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY
KIND. EPSON AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR
RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. You agree to use the Software at
your own risk. Epson does not guarantee that the operation of the
Software will be uninterrupted, error free, free from viruses or other harmful
components or vulnerabilities, or that the functions of the Software will meet
your needs or requirements. You are responsible
for configuring your information technology, computer programs, and platforms
to access and use the Software, including using your own virus protection
software. You should save copies of Your Content on your personal device(s) if
you want to ensure that you have permanent access to Your Content. Epson does
not guarantee the accuracy, integrity, availability, appropriateness or quality
of Your Content, and under no circumstances will Epson be liable in any way for
Your Content. Epson's entire liability for a breach of warranty mentioned in
this section shall be limited to a refund of the price paid for the Epson
Hardware. Epson is not liable for performance delays or for nonperformance due
to causes beyond its reasonable control. This limited warranty is void if
failure of the Software resulted from accident, abuse, or misapplication caused
by you. THIS LIMITED WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL
OTHERS. EPSON DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND
FITNESS FOR A PARTICULAR PURPOSE. SOME STATES OR JURISDICTIONS, HOWEVER, DO NOT
ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, AND IN SUCH STATES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
10.Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EPSON OR
ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, WHATSOEVER, WHETHER DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING UNDER CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY,
MISREPRESENTATION, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS
OF DATA, OR CONTENT ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE,
OR ARISING OUT OF THIS AGREEMENT, EVEN IF EPSON OR ITS REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EPSON’S ENTIRE LIABILITY
ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SOFTWARE WILL
NOT EXCEED $10.00 (TEN U.S. DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF DAMAGES IN CERTAIN TRANSACTIONS, AND IN SUCH STATES, THE ABOVE
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY.
11. Indemnification.
You will defend, indemnify, and hold harmless Epson and its directors,
officers, shareholders, employees and agents from and against any and all
losses, liabilities, damages, costs, expenses (including reasonable attorneys'
fees), actions, suits, and claims (“Claims”) arising from (i) your and Your
Guests’ breach of any conditions, obligations, representations, and
warranties in this Agreement; or (ii) your and your Guests’ use of the Software
or the Epson Hardware. Epson will have the right, at its own expense, to
participate in the defense of any Claims with counsel of its choice. You will
not settle any Claims for which Epson is entitled to indemnification without
the prior written approval of Epson.
12. Termination.
Your license rights to use the Software shall automatically terminate upon any
failure by you to comply with this Agreement. Epson may also discontinue
the Software at its sole discretion and without liability to you. Should Epson
decide to discontinue the Software, your right to use the Software will
automatically terminate. Epson will provide notice of any discontinuation of
the Software.
13. U.S. Government Acquisition of the
Software.
This Section applies to all acquisitions of the Software by or for the U.S.
Government ("Government"), or by any prime contractor or
subcontractor (at any tier) under any contract, grant, cooperative agreement,
"other transaction" ("OT"), or other activity with the
Government. By accepting delivery of the Software, the Government, any prime
contractor, and any subcontractor agree (a) that the Software qualifies as
"Commercial products," 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 or
48 C.F.R. Section 227.7202, as applicable, and (b) that consistent with 48 C.F.R.
Section 12.212 or 48 C.F.R. Sections 227.7202-1 through 227.7202-4, as
applicable, the Software is provided to the Government only as a Commercial
product and with only those rights as are granted to all other end users
pursuant to this Agreement. The terms and conditions of this Agreement govern
the Government's (and the prime contractor and subcontractor's) use and
disclosure of the Software and supersede any conflicting terms and conditions
of the contract, grant, cooperative agreement, OT, or other activity pursuant
to which the Software is delivered to the Government. If this Software fails to
meet the Government's needs, if this Agreement is inconsistent in any respect
with Federal law, or if the above cited provisions of 48. C.F.R do not govern, the
Government agrees to return the Software, unused, to Epson.
14. Export Restriction.
You will comply with all applicable international and national laws that apply
to the Software. You will not ship, transfer or export the Software to any
country subject to restrictions imposed by the United States Export
Administration Regulations and any other export laws, restrictions or
regulations, including end-use and destination restrictions.
15. Changes to this Agreement.
Epson may make changes to this Agreement from time to time, for example when we add a new feature or to comply with regulatory requirements. Epson will use reasonable efforts to notify you of any material changes to this Agreement. Your continued use of the Software after the date of any changes to this Agreement constitutes your acceptance of the new terms. If you do not agree to the new Agreement terms, you must stop using the Software.
16. Binding Agreement; Assignees.
This Agreement shall be binding upon, and inure to the benefit of, the parties
hereto and their respective successors, assigns, and legal representatives.
Epson may assign this Agreement to an Epson affiliate or in a change of
ownership (as in a merger, acquisition, or sale of assets) You cannot assign
this Agreement or transfer your rights and obligations hereunder without
Epson’s prior consent.
17. Severability; Modifications.
If any provision of this Agreement is found void or unenforceable by a court of
competent jurisdiction, it will not affect the validity of the balance of the
Agreement, which shall remain valid and enforceable according to its terms.
This Agreement may only be modified in writing signed by an authorized
representative of Epson.
18. Capacity and Authority to Contract.
You represent that you are of the legal age of majority in your state or
jurisdiction of residence and have all necessary authority and legal capacity
to enter into this Agreement, including, if applicable, due authorization by
your employer to enter into this Agreement.
19. Feedback.
You may voluntarily share comments and other feedback orally or in writing about the Software and Epson products to Epson (collectively “Feedback”). If you provide Feedback, then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Any such Feedback is not confidential, and Epson may use in its sole discretion for any purpose. You grant Epson a perpetual and unlimited permission to reproduce, distribute, create derivative works of, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
20. Privacy, Information Processing.
The Software may have the ability to connect over the Internet to transmit data
to and from your Device. For example, if you install and/or use the Software,
the Software may cause your Device to send information about your Epson
Hardware such as model and serial number, country identifier, language code,
operating system information, and Epson Hardware usage information to an Epson
Internet site which may return promotional or service information to your
Device for display. Any processing of information, including Personal
Information, provided through the Software, shall be according to applicable
data protection laws and the Epson Projection Studio Privacy Information
Statement presented within the Software. To the extent permitted by applicable
laws, by agreeing to the terms of this Agreement and by installing and/or using
the Software, you consent to the processing and storage of your information in
and/or outside your country of residence. If there is a specific privacy policy
incorporated into the Software and/or displayed when you use the Software (for
example, in the case of certain software application software), such specific
privacy policy shall prevail over the Epson Privacy Policy stated above.
21. Waiver.
Any failure by Epson to insist upon or enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
22. Third Party Websites and Affiliates
Websites.
You may, through hypertext or other computer links from the Software, gain
access to websites and use certain services that are not under the control of
or operated by Epson, but rather are controlled by third parties. You
acknowledge and agree that Epson is not responsible for such third-party sites
or services, including their accuracy, completeness, timeliness, validity,
copyright compliance, legality, decency, quality, or any other aspect thereof.
These third-party websites/services are subject to different terms and
conditions and when you access and use third party websites/services, you will
be legally bound by the terms and conditions of those websites/services. The
third-party websites'/services' terms and conditions will govern with respect
to your access and use of those websites/services. Although Epson may provide a
link to a third-party website/service from the Software, such a link is not an
authorization, endorsement, sponsorship or affiliation by Epson with respect to
such website/services, its content, its owners or its providers. Epson provides
such links for your reference and convenience only. Accordingly, Epson makes no
representations whatsoever concerning such websites/services and does not
provide any support related to such third-party sites or services. Epson has
not tested any information, products or software found on such
websites/services and therefore cannot make any representations whatsoever with
respect thereto. You agree that Epson is not responsible for the content or
operation of such websites/services, and it is up to you to take precautions to
ensure that whatever you select is free of items such as viruses, worms, Trojan
horses and other items of a destructive nature. You are solely responsible for
determining the extent to which you may use any content at any other
websites/services to which you link from this Software. When you engage with
our Affiliates, the respective Affiliate’s terms of use and privacy policies govern
your use of the Affiliates’ websites, products, and services. As used in this
Agreement, “Affiliates” means any Seiko Epson Corporation affiliated companies
controlled by Seiko Epson Corporation. The term “control” in this context means
the direct or indirect ownership of at least fifty percent (50%) of the voting
interest in such corporation or the power in fact to control the management
decisions of such companies.
23. Governing Law Residents of META-CWA
If your country of residence is in the Middle East, Africa, Turkey, Ukraine or Moldova, this Agreement is between you and Epson Middle East FZCO and is governed by the laws of the Dubai International Financial Centre (DIFC). The courts of your country of residence have jurisdiction over consumer disputes arising from this Agreement, while the DIFC laws govern its interpretation.
(If You have downloaded Software from the Apple, Inc. ("Apple") App Store or if You are using Software on an iOS device (i.e. Apple-branded product), You acknowledge that You agree to the following provisions regarding the said Software downloaded from the Apple App Store or used on an Apple-branded product.)
24. Requirements Under the Apple
Developer Program License Agreement.
1. Acknowledgement: You understand that this Agreement is solely between You
and Epson, and not with Apple, and that Epson is solely responsible for the
Software under this Agreement.
2. Scope of License: Each license granted to You for Software is limited to a
non-transferable license to use Software on any Apple-branded products that You
own or control and as permitted by the Usage Rules set forth in the Apple Media
Services Terms and Conditions, except that such Software may be accessed and
used by other accounts associated with You via Family Sharing, volume
purchasing, or Legacy Contacts.
3. Maintenance and Support: Epson is solely responsible for the maintenance and
support of the Software to the extent specifically stated in this Agreement and
required by applicable law, but except to the extent that this Agreement
disclaims or discharges such responsibility under the applicable law. You
acknowledge that Apple has no obligation to provide any maintenance and support
services with respect to the Software.
4. Warranty: Epson is solely responsible for all warranties with respect to the
Software, whether express or implied by law, except for those that have been
validly disclaimed or discharged. If the Software fails to conform to any
applicable warranty, You may notify Apple, and Apple will refund You the
purchase price of the Software. In addition, to the extent permitted by
applicable law, Apple shall have no liability for any warranty with respect to
the Software, and Epson is solely responsible for all claims, damages,
liabilities, costs, expenses, etc. arising from any failure to conform to the
warranty provisions, except to the extent that have been validly disclaimed or
discharged.
5. Product Claims: You acknowledge that Epson is responsible (except to the
extent that this Agreement disclaims or discharges Epson’s responsibilities but
only to the extent permitted by law) for addressing any claims raised by You or
any third party relating to Your possession and/or use of the Software
(including, but not limited to, (i) product liability claims, (ii) claims that
the Software fails to conform to any applicable legal or regulatory
requirement, and (iii) claims arising under consumer protection, privacy or
similar laws (including those related to use of the HealthKit and HomeKit
frameworks in the Software)) and Apple is not responsible therefor. This
Agreement may not limit Epson’s liability to You to an extent that is not permitted by applicable
law.
6. Claims of Infringement of Intellectual Property Rights: You will notify
Epson of any third-party claim that Your possession or use of the Software
infringes a third party's intellectual property rights. In such case, Epson
shall be responsible for the investigation, defense, settlement and discharge
of such intellectual property infringement claim, except to the extent that
this Agreement disclaims or discharges Epson’s responsibilities therefor but only to
the extent permitted by law, and Apple shall bear no responsibility therefor.
7. Compliance with Laws: You represent and warrant that (i) You are not located
in a region that is subject to a U.S. Government embargo, or that has been
designated by the U.S. Government as a “terrorist supporting” region; and (ii) You are not listed on any U.S. Government list of
prohibited or restricted parties.
8. Point of Contact: You may contact Epson at the contact information listed on
the Software's introduction page, or at the point of contact of our affiliate
in Your region.
9. Third Party Terms: In Your use of the Software, You must also comply with
any relevant third party agreements, such as the terms of service of third
parties including agreements with telecommunications carriers.
10. Third Party Beneficiary: You acknowledge and agree that Apple and Apple's
subsidiaries are third party beneficiaries of this Agreement, and that, once
You accept the terms of this Agreement, Apple will acquire the right (and will
be deemed to have accepted the right) to enforce this Agreement against You as
a third party beneficiary thereof.
[End of Agreement]