SmartCodeDrivers Software License Agreement
License Agreement
LICENSE AND LIMITED WARRANTY
TechnoRiver Pte Ltd. ("TechnoRiver") grants you a non-exclusive license to use the accompanying Windows Printer Driver(s) related documentation ("TechnoRiver Software"), subject to the following provisions. You assume full responsibility for the selection of the TechnoRiver Software to achieve your intended results, and for the installation, use, and results obtained from the TechnoRiver Software.
Both the software and the related material are Copyrighted and are protected by law. Title to and all rights and interests in the TechnoRiver Software, wherever resident and on whatever media, are and shall remain the property of TechnoRiver. Furthermore, by using the accompanying driver(s), you agree to accept all terms of this license. If you object to any terms in this license, you must immediately uninstall the accompanying Windows Printer Drivers from your system(s).
TechnoRiver's thermal printer drivers may not be copied or distributed, except under either of these two conditions:
1. A SmartCodeStudio Trial edition must be included with the drivers in a way that makes the recipient clearly and unambiguously aware of the fact that they have the option to install and use the included SmartCodeStudio software.
2. Otherwise, explicit written authorization must be received from TechnoRiver to distribute the drivers.
Individual users can always obtain TechnoRiver drivers directly from TechnoRiver, either by CD or by downloading them directly from TechnoRiver's web page. Printer manufacturers are expressly prohibited from redistributing TechnoRiver's thermal printer drivers without written authorization obtained directly from TechnoRiver.
The license granted by this agreement for all non-Trial software is absolutely restricted to you for your own use. You may make a copy of such TechnoRiver Software only for backup purposes. You shall not: (1) permit any third party to use the TechnoRiver Software; (2) use the TechnoRiver Software with the use of a generic name; (3) allow access to the licensed software by timesharing; (4) copy the documentation; or (5) modify the software.
You expressly acknowledge and agree that the TechnoRiver Software constitutes a valuable proprietary product and trade secret of TechnoRiver, embodying substantial creative efforts, which requires protection against unauthorized use and disclosure. Furthermore, your rights to modify the operation of the driver are solely limited to use of the various dialogs, menus, and other standard configuration interfaces. You agree not to modify the driver(s) through any "hacks" or other direct means of altering the source code of the product, be it for the purpose of modifying operation of the product or simply to modify the performance.
TECHNORIVER EXCLUDES ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STATEMENTS BY TECHNORIVER STAFF OR DEALERS OR ADVERTISEMENTS NOT EXPRESSLY REFERRED TO WITHIN THIS AGREEMENT DO NOT CONSTITUTE PART OF THIS AGREEMENT. THE ENTIRE RISK AS TO THE ACCURACY AND PERFORMANCE OF THE TECHNORIVER SOFTWARE IS WITH YOU. THE USER IS ADVISED TO THOROUGHLY TEST THE SOFTWARE BEFORE RELYING ON IT. TECHNORIVER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE TECHNORIVER SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE TECHNORIVER SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
IN NO EVENT WILL TECHNORIVER BE LIABLE TO YOU OR FOR ANY CLAIM BY ANY OTHER PARTY, FOR DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF TECHNORIVER OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TECHNORIVER'S TOTAL LIABILITY SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF THE PRODUCT.
Some states do not allow the exclusion of implied warranties or the exclusion of liability for incidental or consequential damages so the foregoing may not apply to you. This agreement gives you specific legal rights which vary from state to state. The allocation of risks under this agreement are deliberate and the consideration for the product was determined accordingly.
This agreement shall be governed by the laws of the State of California, USA. The prevailing party in any litigation arising out of this agreement shall be entitled to be reimbursed for all attorney's fees, expense, and associated costs. If any provision of the agreement shall be held to be invalid, illegal, or unenforceable, the remaining provisions shall nevertheless be given full force and effect.
You acknowledge that you have read and understand this agreement and agree to be bound by its terms and conditions. Further, you agree that it expresses the entire agreement and that it supersedes any advertising, and any prior or contemporaneous communications, oral or written, relating to TechnoRiver products.