179Software License AgreementYour printer contains, among other software, TallyGenicom operating software including, but not limited tothe Embedded Configurable Operating System (the “eCos Software”) as embedded software. The termsof this Agreement apply only to the eCos Software, and all other embedded software supplied with theprinter. You accept the terms of this Agreement by your initial use of your printer.1. Object Code LicenseTallyGenicom grants you a nonexclusive license to use the TallyGenicom Software, the eCos Softwareand all other embedded software (collectively, the “Embedded Software” or the “Software”) only inconjunction with the printer. As the rightful possessor of the printer, you may make a reasonable numberof copies of the Software as necessary for backup, configuration, and restoration of the printer. You mustreproduce the copyright notice and any other legend of ownership on each copy of the Software youmake.You may transfer possession of the Software and its media to another party only with the transfer of theprinter on which the Software is used. If you do so, you must give the other party a copy of these termsand provide all user documentation to that party. When you do so, you must destroy any copies ofSoftware not resident in the printer.Your license for the Software terminates when you no longer rightfully possess the printer. No other rightsunder this license are granted.2. Source CodeA source code version of eCos Software is available under the terms of the Red Hat eCos Public Licensev1.1 at www.printronix.com. TallyGenicom grants no rights whatsoever in the source code for theTallyGenicom Software.3. No WarrantyTHE EMBEDDED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS,WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUTLIMITATION, WARRANTIES THAT THE EMBEDDED SOFTWARE IS FREE OF DEFECTS,MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK ASTO THE QUALITY AND PERFORMANCE OF THE EMBEDDED SOFTWARE IS WITH YOU. SHOULDANY OF THE EMBEDDED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT RED HAT,TALLYGENICOM, ANY OTHER CONTRIBUTOR OR ANY DISTRIBUTOR) ASSUME THE COST OFANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTYCONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY OF THE EMBEDDEDSOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.4. Conflicting TermsYou agree that this Agreement provides you no more rights with regards to warranty, support, indemnityor liability terms with respect to Red Hat, Inc., TallyGenicom Inc, or any contributor to the EmbeddedSoftware than that provided by the Red Hat eCos Public License v.1.1 or any express warranty that maybe made by TallyGenicom, Inc.5. Limitation of LiabilityUNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDINGNEGLIGENCE), CONTRACT OR OTHERWISE, SHALL RED HAT, TALLYGENICOM, ANY OTHERCONTRIBUTOR, OR ANY DISTRIBUTOR OF THE EMBEDDED SOFTWARE, OR ANY PARTTHEREOF, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHERPERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANYCHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORKSTOPPAGE, COMPUTER FAILURE OR MALFUNCTION. OR ANY AND ALL OTHER COMMERCIALDAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THEPOSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TOLIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE