Magicard Driver Version 3.0.2.967 - 01/05/2024, 13:26:00 Copyright Magicard Ltd, England 2024 All rights reserved. END USER LICENSE AGREEMENT IMPORTANT: READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY. The computer software product (the 'Software') should only be installed or used by the Licensee ('you') on the condition you agree with Magicard Ltd. ('Supplier') to the terms and conditions set out in this Agreement. By installing or using the Software, you agree to all the terms and conditions in this Agreement. If you do not agree with the terms and conditions of this Agreement, you are not permitted to install or use the Software. 1. License Supplier permits you a personal, non-exclusive, royalty-free limited license to install and use the Software on any computers that you intend to use directly or via a network. You can allow other users of the computers connected to the network to use the Software, provided you (a) ensure that all such users agree to the terms and conditions of this Agreement, (b) ensure that all such users use the Software only in conjunction with the computers and in relation to the network of which they form part, and (c) indemnify and keep whole Supplier against all damages, losses, costs, expenses and liabilities which Supplier may incur as a consequence of such users failing to observe and perform the terms and conditions of this Agreement. The term 'Software' shall include the software components, media, all copies made by you and any upgrades, modified versions, updates, additions and copies of the Software licensed to you by Supplier. Supplier reserves all rights not granted herein. 2. Other Rights and Limitations You agree not to modify or adapt the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. You may not share, rent, lease, sublicense or lend the Software. You may, however, transfer all your rights to use the Software to another person or legal entity if you transfer this Agreement, the Software, including all copies, updates and prior versions, to such person or entity, and that you retain no copies, including copies stored on a computer. Some states or jurisdictions, however, do not allow the restriction or limitation on transfer of the Software, so the above limitations may not apply to you. 3. Ownership Title, ownership rights, and all intellectual property rights in and to the Software shall remain with Supplier. There is no transfer to you of any title to or ownership of the Software and this License shall not be construed as a sale of any rights in the Software. The Software is protected by UK copyright law and international copyright treaties. Except as otherwise provided in this Agreement, you may not copy the Software. You also agree not to remove or alter any copyright and other proprietary notices on any copies of the Software. 4. Limited Warranty. You acknowledge and agree that the use of the Software is at your sole risk. THE SOFTWARE IS PROVIDED 'AS IS' AND WITHOUT ANY WARRANTY OF ANY KIND. Supplier DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR Supplier’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, Supplier MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE. THIS WARRANTY DOES NOT COVER ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ECONOMIC LOSS, LOST PROFITS, OR LOST EARNINGS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY. THIS WARRANTY PROVIDES SPECIFIC LEGAL RIGHTS, AND THE CUSTOMER MAY ALSO HAVE OTHER RIGHTS, WHICH RIGHTS VARY FROM JURISDICTION-TO-JURISDICTION. 5. Termination. Without prejudice to any other rights Supplier has, this Agreement shall automatically terminate if you fail to comply with its terms. You can also terminate this Agreement at any time by uninstalling and destroying the Software and all copies thereof. 6. Governing Law and General Provisions. This Agreement shall be governed and construed under by the laws of the United Kingdom without regard to its conflicts of law rules. This Agreement is the entire agreement between the parties with respect to the Software. This Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors, assigns and legal representatives. If any provision herein is found void or unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable per its terms. 7. Consent to Use of Data and Internet Connection You agree that the Software may connect over the Internet to transmit data and/or information to and from your computer regarding the Supplier hardware and/or software that you use. You agree that the Supplier may collect and use technical data and related information including, but not limited to, model information, serial number, the country/region where you live, product condition, warranty validity etc. Supplier may alter the items of such data and/or information without your prior approval. Supplier does not collect any personally identifiable information without your permission.Supplier may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. If you agree to install the Software, any transmissions to or from the Internet will be in accordance with Supplier's then-current Privacy Policy provided at https://magicard.com/legal/privacy-policy/. 8. Updating Printer Firmware Version The Software may connect over the Internet to a server of Supplier or any third party entrusted by Supplier in order to update the printer firmware version automatically. Such updated firmware shall be deemed to be the firmware and will be governed by this Agreement. You can opt out of these updates by unticking the 'Printer firmware' checkbox in the 'Options' dialog.