Primera Technology, Inc. License Agreement

IMPORTANT -- READ CAREFULLY BEFORE PROCEEDING FURTHER

By clicking on the “I Accept” button and downloading this Software, you accept the terms of this Agreement.  If you do not agree to the terms of this Agreement, you may exit this process at any time by clicking on the “I Do Not Accept” or by simply closing your browser.

License

1. Primera Technology, Inc. (“Primera”) gives you the right to use one copy of the enclosed Primera software (“Software”) with a single Primera printer on a single computer terminal connected to a single computer or on a single computer network. This license also authorizes you to create and use an extra copy of the software on a home or laptop computer, as long as the extra copy is never loaded in memory or virtual memory (“loaded”) at the same time the software is loaded on the primary computer on which you use the software.
   
   
2. The software is owned by Primera or its suppliers and is protected by United States copyright laws and international treaty provisions. You must treat the software like any other copyrighted material except that you may make one copy of the Software solely for backup or archival purposes.  
   
   
3. You may not rent or lease the Software, but you may transfer the Software and the accompanying written materials to a bona fide successor in interest who agrees in writing to be bound by the terms of this agreement on a permanent basis provided that you retain no copies and the recipient agrees to the terms of this Agreement. Primera’s suppliers are intended to be third party beneficiaries of this Agreement.
   
   
4. Freeware. Notwithstanding the terms and conditions of this Software License Agreement, all or any portion of the Software Program that constitutes software provided under public license by third parties (“Freeware”) is licensed to you subject to the terms and conditions of the software license agreement accompanying such Freeware, whether in the form of a discrete agreement, shrink-wrap license, or electronic license terms at the time of download or installation. Use of the Freeware by you shall be governed entirely by the terms and conditions of such license.

Warranty

The Software is provided "AS IS" without any warranty whatsoever.

PRIMERA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

IN NO EVENT WILL PRIMERA OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow the exclusion of implied warranties, or the exclusion or limitation of incidental or consequential damages, so the above exclusions and limitations may not apply to you.

Restricted Rights

This Software and accompanying written materials are provided with Restricted Rights.  Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subdivision (c) (1) (ii) of The Rights in Technical Data and Computer Software clause at 252.227-7013.  Contractor / manufacturer is Primera Technology, Inc., Two Carlson Parkway North, Plymouth, MN 55447-4446, U.S.A.

This Agreement is governed in and by the laws of the State of Minnesota. If you have any questions concerning this Agreement, write to Primera Technology, Inc., Two Carlson Parkway North, Plymouth, MN 55447-4446, U.S.A.  Rev.  01/05 P / N 510395