TERMS OF USE OF THE MYEPSONPRINTER.EU WEB SITE

Welcome to the MyEpsonPrinter.eu website (hereinafter referred to as “Web site”). As long as the registration is not successfully completed, Epson’s privacy policy applies, which you accepted at the beginning of the registration process. After registration, special terms of use (hereinafter: “Terms of Use”) apply jointly. In case of contradiction between Epson’s privacy policy and the Terms of Use, the latter prevail. Therefore, please take an opportunity to carefully read the Terms of Use. By clicking on the “I accept” checkbox you accept these Terms of Use and agree to abide by them. Reference below to “we/our/us” or “Epson” are EPSON Europe B.V. (PO BOX 94440, 1090 GK AMSTERDAM, the Netherlands, e-mail: myepsonprinter@epson-europe.com). 1) The Web site allows you to interact remotely with your printers and grants you access to detailed printer information. In order to obtain this, the Epson Device Management agent (“EDM”) within your printer is used. EDM is switched off by default on all printers. In order to be able to use all features of the Web site, you need to activate EDM on your printer through completion of this online registration. After this you can download EDM software to activate EDM on your printer. Once activated, EDM will start sending information about your printer to the Web site. More specifically the EDM will dispatch encoded data (amount of printed items, details of issues, serial number, details of the printed items as job name, size, media used, etc technical data on the status of your printer, firmware version, level of cartridges, medium used, hereinafter: “Optional information”). The Optional information is used to your benefit in terms of content of the Web site as specified in section 3, as well as to the benefit of our hotline and our service partners in order to effectuate a higher level support when issues may appear. 2) If you agree thereto, the EDM will from then on send Optional information directly related to your EPSON printer to Seiko EPSON Corporation (3-3-5 Owa, Suwa, NAGANO, 392-8502, Japan, hereinafter: “SEC”) for secured data storage for 15 days maximum. Also, SEC will (re)send proportional, specific and relevant Optional information only to its subsidiaries, within the EU in order to effectuate its obligations under the purchase agreement and/or hire purchase agreement and/or the Terms of Use. Finally, the Optional Information is forwarded back to the Web site in real time in order for you to enjoy its services and to allow our distributors or authorised dealers/service maintenance partners within the EU to effectuate their obligations under the purchase agreement and/or hire purchase agreement and/or the Terms of Use. In any case, Epson, SEC, its subsidiaries, distributors or authorised dealers/service maintenance partners within the EU will abide by all data protection laws thereto, whether in Japan or in the EU. 3) Further to article 4 of Epson’s privacy policy, the Optional information will be processed in order for you to get thorough and near real time insight in how your printer functions. For instance, on detailed reports you will be able to see the exact costs per printed item based on costs entered, you will be able to check the current status of your ink levels online and you may receive online assistance in case of any problems (in case of a separate service level agreement only). Also, you may be able to purchase goods and services online. 4) The other reasons for us to retrieve the Optional information are the following: product development, market research, trending research, quality improvement through data analysis by us, service under a possible separately signed service level agreement and marketing and promotional purposes, though only by us or our authorised dealers/ distributors. You may conclude a(n) (service level) agreement with an authorised dealer/ distributor and store it on the Web site to share your printer information with them. In no event will Epson be a party to such an agreement. Thus, Epson cannot be bound or held liable by/ for such an agreement(s’ content) in any way. 5) The Optional information will be stored as long as necessary for the purposes mentioned in article 4 and it will be made unidentifiable if possible. Thereafter, it will be deleted. Upon your first request in writing you will have access to your Personal information (as defined in Epson’s privacy policy). You have the right to update, change, delete or adjust your Personal information at all times unconditionally. 6) In order to have access to the Web site and its functions, it is your sole responsibility ensuring that the Optional information is (i) transferred through a constant internet connection (ii) not corrupted whilst in your possession or in your control; and (iii) is not altered or interfered with or perceptible/accessible by any third party. Also, make sure you use Microsoft Internet Explorer 6.0 or higher, Mozilla Firefox V or higher or Safari 2.0 or higher if you want to use the Web site. In order to get the Optional information, EDM needs to be active. EDM should not be stopped or interrupted by manual intervention in any case. 7) You shall comply with all applicable data protection requirements in force in the European Union or the country where you reside to the full extent that they apply to your provision and transfer of Optional information to Epson. 8) You warrant that you own or control all necessary rights to enable Epson to include the materials or information within the Web site and that the use of the materials/ information as part of the Web site will not infringe the rights of any third party. 9) It is our sole discretion to make calculations and/or analysis of the Optional information as provided by you and to represent the information accordingly on the Web site. We have taken care to ensure the accuracy and completeness of the contents of the Web site. However, we disclaim all warranties, express or implied, as to the accuracy of the Web site. 10) Within the Web site you may find links or references to third party materials and third party web sites outside our Web site. We accept no liability of any description in respect of the contents of such materials or sites. We should not be taken to be endorsing, publishing, permitting or authorising such sites or materials. 11) The intellectual property rights in all elements comprising or available on the Web site, including without limitation the copyright, database right, trade marks and patents, know how, confidential information, collection of data and all other elements of the Web site are owned or controlled by us, unless a tool is available for exporting data (e.g. cost price for invoicing) or unless it is explicitly stated. 12) You are permitted to access the Web site and its contents solely for the purposes of viewing it. You may not publish or repurpose any of the contents of the Web site for any purpose. You may not make available to any third party or from any web site any of the contents of our Web site. 13) To the extent permitted by law Epson disclaims any and all representations, warranties and undertakings in connection with the Web site. 14) Epson will make the utmost effort to avoid down time of the Web site. However, in no event shall Epson, its officers or employees be liable for any special (in)direct consequential or purely economical damages whatsoever regardless of whether such losses are foreseeable and whether or not caused by Epson’s negligence arising out of or in connection with the use of the Web site. 15) You shall fully indemnify and hold Epson and affiliated companies, its directors, officers and employees of Epson harmless in respect of any claim by any third party arising out of or in connection with the use of any part of the Web site or any contents or applications forming a part of the Web site. 16) In its sole discretion Epson shall at all times have the right without prior notice to deny, to suspend or to terminate access to the Web site in the event that Epson is of the opinion that (i) the confidentiality of the Optional information cannot be secured, or (ii) you do not abide by the Terms of Use herein, or (iii) granting access to you threatens the reputation of Epson in any way. 17) Either party may terminate the user agreement at any moment and for any reason. The announcement thereof should be made through the registered e-mail address of the other party. You may terminate the user agreement with immediate effect. Epson shall take into account an 8 (eight) days prior notice period. 18) The invalidity or unenforceability for any reason of any part of these Terms of Use will not prejudice or affect the validity or enforceability of the remainder. 19) We reserve the right to make changes to the Terms of Use applicable to use of this Web site. Such changes will be posted on the Web site and it is your responsibility to check there to see whether any changes have been posted. Changes will take effect 24 (twenty four) hours after posting and you will be deemed to have accepted such changes if you continue to access the Web site thereafter. 22) These Terms of Use shall be exclusively governed by, interpreted and construed in accordance with Dutch law and any and all claims or disputes arising out of or in connection with them shall be subject to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands.