WINDOWS PRINTER DRIVER FOR DATAMAX PRINTERS
LICENSE AND LIMITED WARRANTY

This Windows Printer Driver and related documentation ("Software") has been developed by Seagull Scientific, Inc. ("Seagull") expressly for use by users of DATAMAX printer products.

Seagull Scientific, Inc. ("Seagull") grants you a non-exclusive license to use the accompanying Windows Printer Driver(s) related documentation ("Seagull Software"), subject to the following provisions.  You assume full responsibility for the selection of the Seagull Software to achieve your intended results, and for the installation, use, and results obtained from the Seagull Software.

Both the software and the related material are Copyrighted and are protected by law.  Title to and all rights and interests in the Seagull Software, wherever resident and on whatever media, are and shall remain the property of Seagull.  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).

You expressly acknowledge and agree that the Seagull Software constitutes a valuable proprietary product and trade secret of Seagull, 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.

Seagull warrants only that the CD(s) or diskettes on which the Seagull Software is furnished will contain the program and that it is free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of purchase.  The warranty is effective from the date of purchase provided that within thirty days of purchase, the purchaser completes and returns the enclosed registration card.

SEAGULL EXCLUDES ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  STATEMENTS BY SEAGULL 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 SEAGULL SOFTWARE IS WITH YOU.  THE USER IS ADVISED TO THOROUGHLY TEST THE SOFTWARE BEFORE RELYING ON IT.  SEAGULL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SEAGULL SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SEAGULL SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

Seagull's entire liability and your exclusive remedy shall be replacement of any media not meeting Seagull's Limited Warranty, which shall be returned to Seagull or an authorized Seagull dealer with a copy of your receipt.  If the authorized Seagull dealer and Seagull are both unable to deliver a replacement diskette that is free of defects in material and workmanship, you will be given a refund.

IN NO EVENT WILL SEAGULL 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 SEAGULL OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  SEAGULL'S TOTAL LIABILITY SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF THE PRODUCT OR TO AN AMOUNT NO GREATER THAN THE PURCHASE PRICE 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 Washington, USA and should any legal action be necessary between the parties such legal action shall be filed in Bellevue, Washington.  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 Seagull products.