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1.  CONDITIONS OF USE OF THIS SITE.  By accessing Primera Technology, Inc. at www.primera.com (Site) you are indicating your acceptance of these Conditions of Use.

1.1  Primera accepts no liability for errors that may occur in the information contained on this Site.  Primera reserves the right to change the Site content at any time without notice and to terminate or otherwise revoke offers made through the Site.  Primera has no control over and accepts no responsibility for information you may receive from sites that may be linked to the Site.  Primera will not be liable for any damages of any kind relating to or arising from the use of the Site, including any direct, indirect, special, incidental, consequential and punitive damages.  Some jurisdictions do not allow limitations of this kind so these limitations may not apply to you.  These Conditions of Use and all other matters associated with this Site and transactions related hereto shall be governed by the Laws of the State of Minnesota.

1.2  Delivery Area.  Unfortunately, orders for delivery outside the continental United States cannot be accepted by Primera.  To order for delivery outside the United States refer to these Primera suppliers. https://www.primera.com/other-countries

1.3  Order Status.  Some items on our website are not regularly stocked. Availability on these items will show as Currently Backordered. To check the status of an order, log in and visit the "My Orders" page in the My Account section of this website. Your items may be grouped into multiple packages, but will show updated tracking information as it becomes available. Orders without tracking information may include stock exceptions like special orders or back orders which require more time to process."

2.  TERMS AND CONDITIONS OF SALE.  By placing an order at www.primera.com you agree to these terms and conditions of sale. If payment is not made within specified terms, net account may be changed to prepay without notification. An interest charge of 1-1/2% per month, or the maximum allowed by law, may be applied to all past due invoices. A $25 charge will be assessed for any returned checks. If account is placed for collections, customer is responsible for all attorneys' fees and court costs, regardless of whether lawsuit is filed. No goods may be returned without Primera's authorization. A restocking fee up to 25% may apply for some returned items. No refund on open/used supplies. Original shipping charges will not be refunded for returned product. Claims for damages or shortages must be made within 10 days of receipt of goods. Not responsible for delays due to inclement weather.

These items are controlled by the U.S. government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations.  Where reseller is deemed the WEEE “producer” of the products within the meaning of any laws and regulations or other statutory instruments, reseller is responsible for the to comply with all requirements of all respective local and national laws related to this obligation. Customer is responsible for compliance with all applicable local and national product and environmental legislation, including but not limited to, Waste Electronic and Electrical Equipment (WEEE) Directive, Batteries Directive, Packaging Directive. 

2.1   Order Cancellation.  Orders can be cancelled within 30 minutes of placing your order.  Please contact sales at 763-475-6676 to do so.

2.2  Shipping Policy.

2.3  Return Policy.

2.4  Warranty Policy.

2.5.  Limitations on Warranties and Remedies.

EXCEPT AND TO THE EXTENT EXPRESSLY PROVIDED IN PARAGRAPHS 2.4 AND 2.5 AND IN LIEU OF ALL OTHER WARRANTIES, THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IN NO EVENT SHALL ANY WARRANTIES UNDER THIS AGREEMENT EXTEND, IN WHOLE OR IN PART, TO ANYONE OTHER THAN THE PURCHASER.

PRIMERA SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATING TO PRIMERA'S PRODUCTS OR THIS AGREEMENT OR THE PERFORMANCE

OR A BREACH THEREOF, EVEN IF PRIMERA HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.  PRIMERA'S LIABILITY, IF ANY,  SHALL NOT EXCEED THE TOTAL AMOUNTS PAID TO PRIMERA FOR A DEFECTIVE PRODUCT. PRIMERA SHALL NOT BE  LIABLE FOR THE INTEGRITY AND/OR LONGEVITY OF ANY TEXT, PHOTOGRAPHIC IMAGES, DIGITIZED IMAGES, GRAPHICS, PATTERNED OVERLAYS, BAR CODES, OR COMBINATION THEREOF, THAT ARE PRODUCED, GENERATED, OR OTHERWISE TRANSFERRED TO DISCS BY THE USE OF PRIMERA’S PRODUCTS OR SOFTWARE, NOR IS PRIMERA LIABLE FOR THE INTEGRITY, VIABILITY, OR LONGEVITY OF THE DATA ENCODED ON THE DISC.

THE REMEDIES SET FORTH IN THIS AGREEMENT ARE THE SOLE AND

EXCLUSIVE REMEDIES AVAILABLE TO ANY PERSON FOR ANY DAMAGES OF ANY KIND AND NATURE INCLUDING INCIDENTAL, CONSEQUENTIAL OR SPE­CIAL, WHETHER ARISING FROM WARRANTY (INCLUDING ANY IMPLIED WAR­RANTIES), CONTRACT, NEGLIGENCE, TORT OR OTHERWISE.

IN THE EVENT ANY IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE FOUND TO EXIST, SUCH WARRANTIES ARE LIM­ITED IN DURATION TO THE PERIOD OF THE WARRANTIES CONTAINED IN THIS AGREEMENT.

Some jurisdictions do not allow for these limitations, so the above limitations may not apply to you.

2.6  Software License. By opening software delivered by Primera you accept the terms of the license appearing on the outside of the package.  The software license is as follows:

A.  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.

B.  The software is owned by Primera 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 either (I) make one copy of the Software solely for backup or archival purposes.  You may not copy the written materials accompanying the Software.

C.  You may not rent or lease the Software, but you may transfer the Software and the accompanying written materials on a permanent basis provided that you retain no copies and the recipient agrees to the terms of this Agreement.

2.7  Dispute Resolution. 

If a dispute between you and Primera cannot be resolved, prior to filing suit, it is agreed the dispute will be submitted for mediation to the offices of U.S. Arbitration and Mediation of Minnesota (USAM) in Minneapolis, Minnesota before filing suit.  USAM shall provide a list of five (5) potential mediators who are experienced in the area that is under dispute.  Each side shall select three of the mediators from the list provided by USAM and designate those three as acceptable.  Any mediator selected by both parties may be used for the mediation.  The parties and the mediator shall set a date not later than twenty five (25) days after the selection of the mediator for the first meeting to resolve the dispute.  Each side will send a representative with full authority to settle the dispute. The mediation process outlined above shall be considered as settlement negotiations for the purpose of all Federal and state rules protecting disclosures made during such conferences from later discovery or use in evidence.  The cost of the mediator shall be borne equally by both parties unless otherwise agreed during the course of the mediation.

Both you and Primera consent to the jurisdiction of the State and Federal Courts of Minnesota for purposes of resolving any dispute which is not otherwise fully resolved by other provisions of this Agreement.  Each party consents to the in personam jurisdiction of such courts for the purpose of any action or proceedings.  The parties agree that the proper and exclusive venue for resolving disputes related to this Agreement shall be in the County of Primera's principle place of business.

3.  TRADEMARKS.

Primera is a registered trademark of Primera Technology, Inc. Bravo, Signature, and Impressa, are trademarks of Primera Technology, Inc. All other trademarks are the property of their respective owners.

® 2019, Primera Technology, Inc.  All rights reserved.

PRIMERA SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENTS

To access the Printer Driver downloads, please read statement below and select "I agree."

By clicking on the “I agree” 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 disagree” or by simply closing your browser.

PLEASE READ CAREFULLY BEFORE USING AND INSTALLING THIS SOFTWARE PROGRAM OR USING THIS PRODUCT: BY USING THIS SOFTWARE PROGRAM OR THIS PRODUCT, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENTS. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, DOWNLOAD THE SOFTWARE PROGRAM OR OTHERWISE USE THE PRODUCT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS SOFTWARE LIMITED WARRANTY AND LICENSE AGREEMENTS, PROMPTLY RETURN THE PRODUCT UNUSED AND REQUEST A REFUND OF THE AMOUNT YOU PAID. IF YOU ARE INSTALLING THIS SOFTWARE PROGRAM OR PRODUCT FOR USE BY OTHER PARTIES, YOU AGREE TO INFORM THE USERS THAT USE OF THE SOFTWARE PROGRAM OR PRODUCT INDICATES ACCEPTANCE OF THESE TERMS.

PRINTER CARTRIDGE LICENSE
The patented printer is licensed for, and designed to work with only genuine toner and/or ink cartridges (and developer components, in the case of a laser printer) made by the manufacturer of this printer for the life of the patented printer. Under this patent license, you agree to: (1) use only genuine toner and/or ink cartridges made by the manufacturer of this printer with this licensed printer except as otherwise provided below, (2) if the patented printer is a laser printer, use only genuine developer components made by the manufacturer of this printer with this licensed laser printer except as otherwise provided below, and (3) pass this license/agreement to any subsequent user of this licensed printer. The patented toner and/or ink cartridges (and developer components in the case of a laser printer) inside are licensed subject to a restriction that they may be used only once. Following their initial use, you agree to return them only to us for recycling. Please contact us for information regarding free empty toner cartridge returns. The genuine toner and/or ink cartridges are designed to stop working after delivering a fixed amount of toner and/or ink. A variable amount of toner and/or ink may remain in them when replacement is required. If you do not accept the terms of this single use license/agreement; return this product in its original packaging to your point of purchase. Replacement toner and/or ink cartridge(s) sold without these terms are available. Please contact us or your place of purchase for more information regarding the availability of these regular cartridges.

CARTRIDGE LICENSE AGREEMENT
I agree that the patented print cartridge(s) shipped with this printing device are sold subject to the following license/agreement: The patented print cartridge(s) contained inside is (are) licensed for a single use only and is (are) designed to stop working after the delivery of a fixed amount of toner/ink. A variable amount of toner/ink will remain in the cartridge when replacement is required. After this single use, the license/right to use the print cartridge terminates and the used cartridge must be returned only to Primera for remanufacturing, refilling or recycling. If I buy another cartridge in the future that is sold subject to the same or similar terms, I hereby accept such terms as to that cartridge as well. If you do not accept the terms of this single use license/agreement, return this product in its original packaging to your point of purchase.

FIRMWARE AND PRINTER DRIVER UPDATES
Firmware and printer driver updates may modify printer settings and cause counterfeit and/or unauthorized products, supplies, parts, materials (such as toners and inks), software, or interfaces to stop working. Authorized use of genuine Primera products will not be impacted.

SOFTWARE LICENSE AGREEMENT
This Software Limited Warranty and License Agreement ("Software License Agreement") is a legal agreement between you (either an individual or a single entity) and Primera Technology, Inc., Primera Technology GmbH and Primera Asia Pacific ("Licensor") that to the extent your Licensor product or Software Program is not otherwise subject to a written software license agreement between you and Licensor or its suppliers, governs your use of any Software Program installed on or provided by Licensor for use in connection with your Licensor product. The term "Software Program" includes machine-readable instructions, audio/visual content (such as images and recordings), and associated media, printed materials and electronic documentation, whether incorporated into, distributed with or for use with your Licensor product.

1. STATEMENT OF SOFTWARE LIMITED WARRANTY. Licensor warrants that media (e.g., diskette or compact disk) on which the Software Program is furnished, if any, is free from defects in materials and workmanship under normal use during the warranty period. The warranty period is ninety (90) days and commences on the date the Software Program is delivered to the original end-user. This limited warranty applies only to Software Program media purchased new from Licensor or an Authorized Licensor Reseller or Distributor. Licensor will replace the Software Program should it be determined that the media does not conform to this limited warranty.

2. DISCLAIMER AND LIMITATION OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS PROVIDE THE SOFTWARE PROGRAM "AS IS" AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ABSENCE OF VIRUSES, ALL WITH REGARD TO THE SOFTWARE PROGRAM. LICENSOR: (x) UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE SOFTWARE PROGRAM AND (y) ASSUMES NO RESPONSIBILITY THAT THE SOFTWARE PROGRAM WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE ACQUIRING IT, EXCEPT AS OTHERWISE PROVIDED IN THIS DISCLAIMER.

This Agreement is to be read in conjunction with certain statutory provisions, as that may be in force from time to time, that imply warranties or conditions or impose obligations on Licensor that cannot be excluded or modified. If any such provisions apply, then to the extent Licensor is able, Licensor hereby limits its liability for breach of those provisions to one of the following: providing you a replacement copy of the Software Program or reimbursement of the greater of the price paid for the Software Program or five U.S. dollars (or the equivalent in local currency).

The Software Program may include internet links to other software applications and/or Internet sites hosted and operated by third parties unaffiliated with Licensor. You acknowledge and agree that Licensor is not responsible in any way for the hosting, performance, operation, maintenance, or content of, such software applications and/or Internet sites.

3. LIMITATION OF REMEDY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL LIABILITY OF LICENSOR UNDER THIS SOFTWARE LICENSE AGREEMENT IS EXPRESSLY LIMITED TO THE GREATER OF THE PRICE PAID FOR THE SOFTWARE PROGRAM AND FIVE U.S. DOLLARS (OR THE EQUIVALENT IN LOCAL CURRENCY). YOUR SOLE REMEDY AGAINST LICENSOR IN ANY DISPUTE UNDER THIS SOFTWARE LICENSE AGREEMENT SHALL BE TO SEEK TO RECOVER ONE OF THESE AMOUNTS, UPON PAYMENT OF WHICH LICENSOR SHALL BE RELEASED AND DISCHARGED OF ALL FURTHER OBLIGATIONS AND LIABILITY TO YOU.

IN NO EVENT WILL LICENSOR, ITS SUPPLIERS, SUBSIDIARIES, OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUES, LOST SAVINGS, INTERRUPTION OF USE OR ANY LOSS OF, INACCURACY IN, OR DAMAGE TO, DATA OR RECORDS, FOR CLAIMS OF THIRD PARTIES, OR DAMAGE TO REAL OR TANGIBLE PROPERTY, FOR LOSS OF PRIVACY), IN CONNECTION WITH THE SOFTWARE PROGRAM, INCLUDING WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM (a) THE USE OR INABILITY TO USE THE SOFTWARE PROGRAM, (b) THE COST OF PROCURING SUBSTITUTE SOFTWARE, OR (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY OR CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), AND EVEN IF LICENSOR, OR ITS SUPPLIERS, AFFILIATES, OR REMARKETERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY YOU BASED ON A THIRD-PARTY CLAIM, EXCEPT TO THE EXTENT THIS EXCLUSION OF DAMAGES IS DETERMINED LEGALLY INVALID. THE FOREGOING LIMITATIONS APPLY EVEN IF THE ABOVE-STATED REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS.

4. LICENSE GRANT. Licensor grants you the following rights provided you comply with all terms and conditions of this Software License Agreement:
a. Use. You may Use one (1) copy of the Software Program. The term "Use" means storing, loading, installing, executing, or displaying the Software Program. You may not separate the components of the Software Program for use on more than one computer. You agree that you will not Use the Software Program, in whole or in part, in any manner that has the effect of overriding, modifying, eliminating, obscuring, altering or de-emphasizing the visual appearance of any trademark, trade name, trade dress or intellectual property notice that appears on any computer display screens normally generated by, or as a result of, the Software Program.
b. Copying. You may make one (1) copy of the Software Program solely for purposes of backup, archiving, or installation, provided the copy contains all of the original Software Program's proprietary notices. You may not copy the Software Program to any public or distributed network.

5. RESERVATION OF RIGHTS. The Software Program, including all fonts, is copyrighted and owned by Licensor and/or its suppliers. Licensor reserves all rights not expressly granted to you in this Software License Agreement.

6. 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.

7. LIMITATION ON REVERSE ENGINEERING. You may not alter, decrypt, reverse engineer, reverse assemble, reverse compile or otherwise translate the Software Program or assist or otherwise facilitate others to do so, except as and to the extent expressly permitted to do so by applicable law for the purposes of inter-operability, error correction, and security testing. If you have such statutory rights, you will notify Licensor in writing of any intended reverse engineering, reverse assembly, or reverse compilation. You may not decrypt the Software Program unless necessary for the legitimate Use of the Software Program.

8. TRANSFER. You may transfer the Software Program to another end-user. Any transfer must include all software components, media, printed materials, and this Software License Agreement and you may not retain copies of the Software Program or components thereof. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end-user receiving the transferred Software Program must agree to all these Software License Agreement terms. Upon transfer of the Software Program, your license is automatically terminated. You may not rent, sublicense, or assign the Software Program except to the extent provided in this Software License Agreement.

9. UPGRADES. To Use a Software Program identified as an upgrade, you must first be licensed to the original Software Program identified by Licensor as eligible for the upgrade. After upgrading, you may no longer use the original Software Program that formed the basis for your upgrade eligibility.

10. ADDITIONAL SOFTWARE. This Software License Agreement applies to updates or supplements to the original Software Program provided by Licensor unless Licensor provides other terms along with the update or supplement.

11. TERM. This Software License Agreement becomes effective upon your acceptance and continues in effect unless terminated or rejected. You may reject or terminate this license at any time by destroying all copies of the Software Program, together with all modifications, documentation, and merged portions in any form, or as otherwise described herein. Licensor may terminate your license upon notice if you fail to comply with any of the terms of this Software License Agreement. Upon such termination, you agree to destroy all copies of the Software Program together with all modifications, documentation, and merged portions in any form.

12. TAXES. You agree that you are responsible for payment of any taxes including, without limitation, any goods and services and personal property taxes, resulting from this Software License Agreement or your Use of the Software Program.

13. LIMITATION ON ACTIONS. No action, regardless of form, arising out of this Software License Agreement may be brought by either party more than two years after the cause of action has arisen, except as provided under applicable law.

14. APPLICABLE LAW. If you acquired this product in a country which is a member of the European Union, the laws of that country shall govern the interpretation of this Software License Agreement and any claims arising hereunder, regardless of choice of laws principles of any other jurisdiction. If you acquired this product in any other country, the laws of the State of Minnesota, United States of America, shall govern the interpretation of this Software License Agreement and any claims arising hereunder, regardless of choice of laws principles of any other state. The UN Convention on Contracts for the International Sale of Goods shall not apply.

15. GOVERNMENT END USERS. The Software Program and any related documentation are "Commercial Items," as that term is defined in 48 C.F.R. 2.101, "Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7207-4, as applicable, the Commercial Computer Software and Commercial Software Documentation are licensed to the U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

16. CONSENT TO USE OF AND TRANSFER DATA. You agree that Licensor, its affiliates, and agents may collect and use information you provide in relation to any support services performed with respect to the Software Program and requested by you. Licensor agrees not to use this information in a form that personally identifies you, except to the extent necessary to provide such services. You agree that Licensor may transfer your information to the United States or other countries for use in accordance with this Section.

17. EXPORT RESTRICTIONS. You may not (a) acquire, ship, transfer, or reexport, directly or indirectly, the Software Program or any direct product therefrom, in violation of any applicable export laws or (b) permit the Software Program to be used for any purpose prohibited by such export laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.

18. AGREEMENT TO CONTRACT ELECTRONICALLY. You and Licensor agree to form this Software License Agreement electronically. This means that by downloading, installing and/or using the Software Program, you acknowledge your agreement to these Software License Agreement terms and conditions and that you are doing so with the intent to "sign" a contract with Licensor.

19. CAPACITY AND AUTHORITY TO CONTRACT. You represent that you are of the legal age of majority in the place you sign this Software License Agreement and, if applicable, you are duly authorized by your employer or principal to enter into this contract.

20. ENTIRE AGREEMENT. This Software License Agreement (including any addendum or amendment to this Software License Agreement that is included with the Software Program) is the entire agreement between you and Licensor relating to the Software Program. Except as otherwise provided for herein, this Software License Agreement supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Software Program or any other subject matter covered by this Software License Agreement (except to the extent such extraneous terms do not conflict with the terms of this Software License Agreement, any other written agreement signed by you and Licensor relating to your use of the Software Program). To the extent any Licensor policies or programs for support services conflict with the terms of this Software License Agreement, the terms of this Software License Agreement shall control.


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