Xerox Print and Scan Experience Installer for Administrators

Description

Package containing Xerox Print and Scan Experience and all dependencies. Intended for administrators only. Dependencies should be installed before Xerox Print and Scan Experience.
Released: 08/19/2024
Version: 9.21.12.0
Size: 61.25 MB
Filename: XeroxPrintAndScanExperience_9.21.12.0.zip
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End User License Agreement

XEROX® PRINT AND SCAN EXPERIENCE
SOFTWARE LICENSE AGREEMENT

IMPORTANT PLEASE READ CAREFULLY BEFORE USING THIS PRODUCT
THIS SOFTWARE LICENSE AGREEMENT ("Agreement") CONTAINS THE LICENSE TERMS AND CONDITIONS FOR THE XEROX SOFTWARE AND RELATED DOCUMENTATION (collectively "Software").

IF YOU DOWNLOAD, INSTALL OR USE THE SOFTWARE, YOU AGREE TO BE LEGALLY BOUND BY THE FOLLOWING TERMS AND CONDITIONS WHICH SHALL ALSO APPLY TO ANY UPGRADES AND UPDATES TO THE SOFTWARE MADE AVALABLE BY XEROX UNLESS THEY ARE PROVIDED UNDER SEPARATE TERMS.  IF YOU DO NOT ACCEPT THESE LICENSE TERMS YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE AND YOU MUST DELETE ANY SOFTWARE FILES ACCESSED BY YOU OR A THIRD PARTY ON YOUR BEHALF FROM ANY AND ALL COMPUTER MEMORY INTO WHICH SUCH SOFTWARE HAS BEEN LOADED OR STORED.

When used in this agreement the term "Xerox" shall mean Xerox Corporation, its operating companies, subsidiaries and affiliates.

If you are installing the Software on behalf of the end user you must agree that you are acting as an agent of the end user customer before proceeding.  As agent for the end user you hereby agree that you have either; 1) read and agree to the terms of this Agreement as authorized by the end user, or 2) you have made the end user aware of the license terms and the end user has explicitly accepted them.

1.  LICENSE GRANT
Xerox grants to you a non-exclusive, non-transferable license to use the Software on a single laptop/desktop computer device.  You have no other rights to the Software and may not: (1) distribute, copy, modify, create derivatives of, decompile, or reverse engineer Software; (2) activate Software delivered in an inactivated state; or (3) allow others to engage in same.  You may make archival or back-up copies of the Software, provided each copy contains all of the copyright and other proprietary notices contained on the original Software and such copies and is used only for back-up purposes.  Title to, and all intellectual property rights in, Software will reside solely with Xerox and/or its licensors who will be considered third-party beneficiaries of this Agreement with rights of enforcement.

2.  DIAGNOSTIC AND USAGE DATA.  If you choose to share diagnostic and usage data, you agree that the Software may collect technical data and related information concerning the type of computing device and operating system; location (country and city) of the computing device; and the volume, frequency, and manner of use of the Software and its features.  Xerox may use this information and statistical data, trends and usage information derived from this information and the use of the Software for the purposes of developing, providing, operating, maintaining and/or improving its products and services or to provide products or services to you.  The Software does not collect any information that personally identifies users of the Software or permits Xerox to read, view or download the content of any documents processed by the Software.

3.  DISCLAIMER OF WARRANTY.
YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND BY XEROX OR ITS LICENSORS.  XEROX AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WHETHER CREATED BY STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  XEROX AND ITS LICENSORS DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR PARTICULAR REQUIREMENTS, THAT IT WILL OPERATE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE CAN OR WILL BE CORRECTED.  ALL WARRANTIES AND REPRESENTATIONS MADE BY PERSONS OTHER THAN XEROX, INCLUDING, BUT NOT LIMITED TO, YOUR AUTHORIZED SERVICE PROVIDER, DISTRIBUTORS, DEALERS, CONCESSIONAIRES AND OTHER RESELLERS OF XEROX, ARE ALSO DISCLAIMED.  THE WARRANTY DISCLAIMERS SET FORTH HEREIN MAY NOT APPLY IN CERTAIN JURISDICTIONS, IN WHICH CASE THE WARRANTEES HEREUNDER SHALL BE THE MINIMUM REQUIRED BY LAW.

4.  LIMITATION OF LIABILITY.  IN NO EVENT WILL XEROX OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCUDING BUT NOT LIMITED TO DAMAGES RELATED TO DATA LOSS, LOST PROFITS OR BUSINESS INTERRUPTION) IN ANY WAY ARISING OUT OF OR RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, EVEN IF XEROX OR ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE ABOVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  THE LIMITATIONS OF LIABILITY SET FORTH HEREIN MAY NOT APPLY IN CERTAIN JURISDICTIONS AND THUS MAY NOT APPLY TO YOU; IN SUCH CASES, XEROX'S AND ITS LICENSORS' LIABILITY HEREUNDER SHALL BE THE MINIMUM REQUIRED BY LAW.  Notwithstanding any damages that you might incur, the entire liability of Xerox and its licensors under this Agreement and your exclusive remedy will be limited to the greater of the amount actually paid by you for the Software or ten U.S. Dollars ($10.00).  The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

5.  TERMINATION.  Xerox may terminate your license for the Software (i) immediately if you no longer use or possess the equipment with which the Software was provided or are a lessor of the equipment with which the Software was provided and your first lessee no longer uses or possesses it, (ii) upon the termination of any agreement under which you have rented or leased the equipment with which the Software was provided, or (iii) immediately in the event of a breach by you.  If terminated as provided above, you shall return to Xerox all copies of the Software, and remove same from all equipment into which such Software may have been loaded by you.

6.  The Software is provided with Restricted Rights.  You agree to meet all requirements necessary to ensure that the Federal Government will honor such rights.  Disclosure, use or reproduction of the Software and accompanying documentation are subject to restrictions set forth in the Commercial Computer-Restricted Rights clause at Federal Acquisition Regulation 52.227-19, when applicable, or in the Department of Defense Federal Acquisition Regulations Supplement 252.227-7013.

7.  SEVERABLILITY.  If any provision of this Agreement is held invalid by any law, rule, order or regulation of any government, or by the final determination of any state or federal court, such invalidity will not affect the enforceability of any other provisions not held to be invalid. In the event any provision hereof is declared by competent authority to be invalid, illegal or unenforceable under any applicable law, to the extent permissible under applicable law, any such invalid, illegal or unenforceable provision shall be deemed amended lawfully to conform to the intent of the Parties.

8.  NO WAIVER.  Any delay or omission by either party to exercise any right or remedy under this Agreement will not be construed to be a waiver of any such right or remedy or any other right or remedy.  All of the rights of either party under this Agreement will be cumulative and may be exercised separately or concurrently.

9.  GOVERNING LAW.  This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its choice of laws provisions, and disputes shall be adjudicated or otherwise decided in the forums therefor located in the State of New York.  The United Nation Convention on Contracts for International Sales of Goods shall not apply to this Agreement.  Local law may require that certain laws of your country of residence apply to some sections of this Agreement, including but not limited to, requiring this Agreement to be governed by the laws of your country of residence.

10.  EXPORT.  You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.  You may not use, export, re-export, import, sell, release, or transfer the Software except as authorized by United States law, the laws of the jurisdiction in which you obtained the Software, and any other applicable laws and regulations.

11.  ENTIRE AGREEMENT.  This Agreement constitutes the entire agreement between the parties in connection with the subject matter hereof, and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between the parties.  No amendment to or modification of this Agreement will be binding unless it is in writing and signed by a duly authorized representative of each of the parties.

12.  THIRD PARTY SOFTWARE.  The Software may include code developed by one or more third parties ("Third Party Software").  Some Third Party Software may be subject to other terms and conditions that may be found in an open source software disclosure package that is either provided with the Software or available for download with the product documentation.  Notwithstanding the terms and conditions of this Agreement, the Third Party Software is licensed to you subject to the terms and conditions of the software license agreement identified in the open source software disclosure.  If the third party software license agreement includes terms and conditions that provide for the availability of source code (such as the GNU General Public License), the open source software disclosure or the media on which the Software may be delivered will contain the source code or provide instructions where a copy of such source code can be obtained.

Open Source Software Disclosure
http://www.support.xerox.com/support/open-source-disclosures/documentation