EPSON END USER SOFTWARE LICENSE AGREEMENT

NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING
THIS PRODUCT. IF YOU ARE LOCATED IN THE UNITED STATES, SECTIONS 19-23 OF THIS
DOCUMENT APPLY TO YOU. SECTION 22 CONTAINS A BINDING ARBITRATION PROVISION THAT
LIMITS YOUR ABILITY TO SEEK RELIEF IN A COURT BEFORE A JUDGE OR JURY, AND WAIVES
YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS FOR CERTAIN
DISPUTES. AN “OPT-OUT” IS AVAILABLE UNDER SECTION 22.7 FOR THOSE WHO WISH TO BE
EXCLUDED FROM THE ARBITRATION AND CLASS WAIVER.

This is a legal agreement (“Agreement”) between you (an individual or entity,

referred to hereinafter as “you”) and Seiko Epson Corporation (including its
affiliates, “Epson”) for the enclosed software programs, including any related
documentation, firmware, or updates (collectively referred to hereinafter as the
“Software”). The Software is provided by Epson and its suppliers for use only with
the corresponding Epson brand computer peripheral product (the “Epson Hardware”).
BEFORE INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU NEED TO REVIEW AND
AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT INCLUDING THE EPSON PRIVACY
POLICY stated in Section 17. If you agree, click on the Agree (“ACCEPT”, “OK” or
any similar representation of agreement) button below. If you do not agree with the
terms and conditions of this Agreement, click on the Disagree (“EXIT”, “Cancel” or
any similar representation of disagreement) button and return the Software, along
with the packaging and related materials, to Epson or the place of purchase for a
full refund.

1. Grant of License. Epson grants you a limited, nonexclusive license to (i)

download, install and use the Software for your personal and internal business use
on hard disks or other computer storage devices, or in the case of a software
application (also referred to as “Software”), on the smartphone, tablet, or other
mobile device (collectively, “Device”), provided that the Software is used (i) only
in a single location (e.g., a home or office or place of business), or in the case
of a mobile device, on a Device owned or otherwise controlled by you, and (ii) only
in connection with Epson Hardware owned by you. You may allow other users of the
Epson Hardware connected to your network to use the Software, provided that you
shall ensure that such users use the Software only in accordance with this
Agreement. You agree to be responsible for and indemnify Epson for liabilities
incurred as a consequence of use by such users. You may make backup copies of the
Software, as necessary, provided the backup is only used to support your use of the
Epson Hardware.

2. Upgrades and Updates. If you acquire an upgrade, updated version, modified

version, or additions to or for the Software from Epson, the upgrade, updated
version, modified version, or addition, shall be included in the defined term
Software and governed by this Agreement. You acknowledge that Epson has no
obligation to provide you with any Updates (as defined below in this Section 2) to
the Software. Epson may, however, from time to time, issue updated versions of the
Software and the Software may automatically connect to Epson or third-party servers
via the Internet to check for available updates to the Software, such as bug fixes,
patches, upgrades, additional or enhanced functions, plug-ins and new versions
(collectively, “Updates”) and may either (a) automatically electronically update
the version of the Software that you are using on your personal device or (b) give
you the option of manually downloading applicable Updates. If you installed the
EPSON Software Updater and do not wish to allow Epson to check for available
updates to the Software, you may disable this feature by uninstalling EPSON
Software Updater. By installing the Software and not disabling any automated check
for Updates, if applicable, you hereby agree and consent to automatically request
and receive Updates from Epson or third-party servers, and that the terms and
conditions of this Agreement shall apply to all of these Updates.
3. Other Rights and Limitations. You agree not to modify, adapt or translate the
Software and further agree not to attempt to reverse engineer, decompile,
disassemble or otherwise attempt to discover the source code of the Software. You
may not rent, lease, distribute, lend the Software to third parties or incorporate
the Software into a revenue generating product or service. You may, however,
transfer all of your rights to use the Software to another person or legal entity,
provided that the recipient also agrees to the terms of this Agreement and you
transfer the Software, including all copies, updates and prior versions, and the
Epson Hardware, to such person or entity. The Software is licensed as a single
unit, and its component programs may not be separated for some other use. Further,
you agree not to place the Software onto or into a shared environment accessible
via a public network such as the Internet or otherwise accessible by others outside
the single location referred to in Section 1 above.

4. Ownership. Title, ownership rights, and intellectual property rights in and to

the Software shall remain with Epson or its licensors and suppliers. The Software
is protected by United States Copyright Law, copyright laws of Japan and
international copyright treaties, as well as other intellectual property laws and
treaties. 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.
You agree not to remove or alter any copyright, trademark, registered mark and
other proprietary notices on any copies of the Software. Epson and/or its licensors
and suppliers reserve all rights not granted. The Software may also contain images,
illustrations, designs and photos (“Materials”), and the copyright of such material
belongs to Epson and/or its licensors and suppliers, protected by national and/or
international intellectual property laws, conventions and treaties. For clarity,
(1) the Materials shall be used for non-commercial purposes only, (2) the Materials
shall be edited, adjusted and copied only in the manner designated by the Software,
and (3) you may use the Materials only for lawful personal use, home use or as
otherwise legally permitted.

5. Open Source and Other Third-Party Components. Notwithstanding the foregoing

license grant, you acknowledge that certain components of the Software may be
covered by third-party licenses, including so-called “open source” software
licenses, which means any software licenses approved as open source licenses by the
Open Source Initiative or any substantially similar licenses, including without
limitation any license that, as a condition of distribution of the software
licensed under such license, requires that the distributor make the software
available in source code format (such third-party components, “Third-Party
Components”). A list of Third-Party Components, and associated license terms (as
required), for particular versions of the Software is indicated at the end of this
Agreement, relevant user manual/CD, or the license information displayed on your
Device/in Software. To the extent required by the licenses covering Third-Party
Components, the terms of such licenses will apply in lieu of the terms of this
Agreement. To the extent the terms of the licenses applicable to Third-Party
Components prohibit any of the restrictions in this Agreement with respect to such
Third-Party Components, such restrictions will not apply to such Third-Party
Component.

6. Multiple Versions of Software. You may receive or obtain the Software in more
than one version (e.g. for different operating environments; two or more language
translation versions; downloaded from an Epson server or on a CD-ROM), however,
regardless of the type or number of copies you receive, you still may use only the
media or version appropriate for the license granted in Section 1 above.

7. Disclaimer of Warranty and Remedy. If you obtained the Software by media from
Epson or a dealer, Epson warrants that the media on which the Software is recorded
will be free from defects in workmanship and materials under normal use for a
period of 90 days from the date of delivery to you. If the media is returned to
Epson or the dealer from which the media was obtained within 90 days of the date of
delivery to you, and if Epson determines the media to be defective and provided the
media was not subject to misuse, abuse, misapplication or use in defective
equipment, Epson will replace the media, upon your return to Epson of the Software,
including all copies of any portions thereof. 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. EPSON AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT
THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. Epson does not
warrant that the operation of the Software will be uninterrupted, error free, free
from viruses or other harmful components or vulnerabilities, or that the functions
of the Software will meet your needs or requirements. Epson’s sole and exclusive
liability and your exclusive remedy for breach of warranty shall be limited to
either, at Epson’s option, the replacement of the media for the Software or to
refund your money upon returning the Software and Epson Hardware. Any replacement
Software will be warranted for the remainder of the original warranty period or
thirty (30) days, whichever is longer. If the above remedy fails for any reason,
Epson’s entire liability for a breach of warranty shall be limited to a refund of
the price paid for the Epson Hardware. Epson is not liable for performance delays
or for nonperformance due to causes beyond its reasonable control. This Limited
Warranty is void if failure of the Software resulted from accident, abuse, or
misapplication. THE STATED LIMITED WARRANTIES AND REMEDY ARE EXCLUSIVE AND IN LIEU
OF ALL OTHERS. EPSON DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES OR JURISDICTIONS, HOWEVER, DO NOT
ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, AND IN SUCH STATES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN

NO EVENT WILL EPSON OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, WHATSOEVER, WHETHER
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING
UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY,
MISREPRESENTATION, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
PECUNIARY LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, OR
ARISING OUT OF THIS AGREEMENT, EVEN IF EPSON OR ITS REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF DAMAGES IN CERTAIN TRANSACTIONS, AND IN SUCH STATES, THE ABOVE
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY.

9. U.S. Government Acquisition of the Software. This Section applies to all

acquisitions of the Software by or for the U.S. Government (“Government”), or by
any prime contractor or subcontractor (at any tier) under any contract, grant,
cooperative agreement, “other transaction” (“OT”), or other activity with the
Government. By accepting delivery of the Software, the Government, any prime
contractor, and any subcontractor agree that the Software qualifies as “commercial”
computer software within the meaning of FAR Part 12, paragraph (b) of FAR Subpart
27.405, or DFARS Subpart 227.7202, as applicable, and that no other regulation, or
FAR or DFARS data rights clause, applies to the delivery of this Software to the
Government. Accordingly, the terms and conditions of this Agreement govern the
Government’s (and the prime contractor and subcontractor’s) use and disclosure of
the Software, and supersede any conflicting terms and conditions of the contract,
grant, cooperative agreement, OT, or other activity pursuant to which the Software
is delivered to the Government. If this Software fails to meet the Government’s
needs, if this Agreement is inconsistent in any respect with Federal law, or if the
above cited FAR and DFARS provisions do not govern, the Government agrees to return
the Software, unused, to Epson.

10. Export Restriction. You agree that the Software will not be shipped,
transferred or exported into any country or used in any manner prohibited by the
United States Export Administration Act or any other export laws, restrictions or
regulations.

11. Entire Agreement. This Agreement is the entire agreement between the parties
related to the Software and supersedes any purchase order, communication,
advertisement, or representation concerning the Software.

12. Binding Agreement; Assignees. This Agreement shall be binding upon, and inure
to the benefit of, the parties hereto and their respective successors, assigns and
legal representatives.

13. Severability; Modifications. If any provision herein is found void or

unenforceable by a court of competent jurisdiction (subject to Section 22.8 and
22.9 if you are a located in the U.S.), it will not affect the validity of the
balance of the Agreement, which shall remain valid and enforceable according to its
terms. This Agreement may only be modified in writing signed by an authorized
representative of Epson.

14. Indemnification. You agree that you will indemnify and hold harmless, and upon
Epson’s request, defend Epson and its directors, officers, shareholders, employees
and agents from and against any and all losses, liabilities, damages, costs,
expenses (including reasonable attorneys’ fees), actions, suits, and claims arising
from (i) any breach of any of your obligations in this Agreement or (ii) any use of
the Software or the Epson Hardware. If Epson asks you to defend any such action,
suit or claim, Epson will have the right, at its own expense, to participate in the
defense thereof with counsel of its choice. You will not settle any third-party
claims for which Epson is entitled to indemnification without the prior written
approval of Epson.

15. Termination. Without prejudice to any other rights Epson has, your license
rights under Section 1 above and your warranty rights under Section 7 above, shall
automatically terminate upon failure by you to comply with this Agreement. Upon
termination of such rights, you agree that the Software, and all copies thereof,
will be immediately destroyed.

16. Capacity and Authority to Contract. You represent that you are of the legal age
of majority in your state or jurisdiction of residence and have all necessary
authority to enter into this Agreement, including, if applicable, due authorization
by your employer to enter into this Agreement.

17. Privacy, Information Processing. The Software may have the ability to connect
over the Internet to transmit data to and from your Device. For example, if you
install the Software, the Software may cause your Device to send information about
your Epson Hardware such as model and serial number, country identifier, language
code, operating system information, and Epson Hardware usage information to an
Epson Internet site which may return promotional or service information to your
Device for display. Any processing of information provided through the Software,
shall be according to applicable data protection laws and the Epson Privacy Policy
located at https://global.epson.com/privacy/area_select_confirm_eula.html. To the
extent permitted by applicable laws, by agreeing to the terms of this Agreement and
by installing the Software, you consent to the processing and storage of your
information in and/or outside your country of residence. If there is a specific
privacy policy incorporated into the Software and/or displayed when you use the
Software (for example, in the case of certain software application software), such
specific privacy policy shall prevail over the Epson Privacy Policy stated above.

18. Third Party Websites. You may, through hypertext or other computer links from
the Software, gain access to websites and use certain services that are not under
the control of or operated by Epson, but rather are controlled by third parties.
You acknowledge and agree that Epson is not responsible for such third party sites
or services, including their accuracy, completeness, timeliness, validity,
copyright compliance, legality, decency, quality, or any other aspect thereof.
These third party websites/services are subject to different terms and conditions
and when you access and use third party websites/services, you will be legally
bound by the terms and conditions of those websites/services. If there is a
conflict between this Agreement and terms and conditions of third party
websites/services, the third party websites’/services’ terms and conditions will
govern with respect to your access and use of those websites/services. Although
Epson may provide a link to a third party website/service from the Software, such a
link is not an authorization, endorsement, sponsorship or affiliation by Epson with
respect to such website/services, its content, its owners or its providers. Epson
provides such links for your reference and convenience only. Accordingly, Epson
makes no representations whatsoever concerning such websites/services and does not
provide any support related to such third party sites or services. Epson has not
tested any information, products or software found on such websites/services and
therefore cannot make any representations whatsoever with respect thereto. You
agree that Epson is not responsible for the content or operation of such
websites/services, and it is up to you to take precautions to ensure that whatever
you select is free of items such as viruses, worms, Trojan horses and other items
of a destructive nature. You are solely responsible for determining the extent to
which you may use any content at any other websites/services to which you link from
this Software.

(IF YOU ARE LOCATED IN THE UNITED STATES, THE FOLLOWING SECTIONS 19 - 23 APPLY TO
YOU)

19. Ink Purchases. For certain Epson printer products sold in North America, the
Software may also display an option to buy ink from Epson. If you click on the buy
button, the Software will cause your Device to display Epson Hardware cartridge
types and ink levels and provide other information about your cartridges, such as
the colors, available cartridge sizes, and prices for replacement ink cartridges,
which you may purchase online from Epson.

20. Downloadable Updates. You may also be able to download from an Epson Internet
site updates or upgrades to the Software if such updates or upgrades are made
available. If you agree to install the Software, any transmissions to or from the
Internet, and data collection and use, will be in accordance with Epson’s then-
current Privacy Policy, and by installing the Software you agree that such then-
current Privacy Policy shall govern such activities.

21. Epson Accounts and Promotional Messages. In addition, if you install the
Software and register your Epson Hardware with Epson, and/or you create an account
at the Epson Store, and provided your consent to such use, you agree that Epson may
merge the data collected in connection with installation of the Software,
registration of your Epson Hardware and/or creation of your Epson Store account,
consisting of personal information and non-personally identifiable information, and
use such merged data to send you Epson promotional or service information. If you
do not wish to send information about your Epson Hardware or receive promotional or
service information, you will be able to disable these features on a Windows system
through the Monitoring Preferences section in the driver. On a Mac operating
system, you can disable these features by uninstalling the Epson Customer Research
Participation and Low Ink Reminder software.

22. DISPUTES, BINDING INDIVIDUAL ARBITRATION, AND WAIVER OF CLASS ACTIONS AND CLASS
ARBITRATIONS

22.1 Disputes. The terms of this Section 22 shall apply to all Disputes between you
and Epson. The term “Dispute” is meant to have the broadest meaning permissible
under law or in equity and includes any past, present, or future dispute, claim,
controversy or action between you and Epson including those that arose before the
existence of this or any prior Agreement arising out of or relating to this
Agreement (including its formation, performance, or breach), the Software, Epson
Hardware, the parties’ relationship with each other and/or any other transaction
involving you and Epson, whether in contract, or with respect to warranty,
misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance,
or any other legal or equitable basis. However, a “Dispute” does not include a
claim or cause of action for (a) trademark infringement or dilution, (b) patent
infringement, (c) copyright infringement or misuse, or (d) trade secret
misappropriation (an “IP Claim”). A “Dispute” also does not include a request for
public injunctive relief. You and Epson agree, consistent with Section 22.6(a),
that a court, not an arbitrator, may decide if a claim or cause of action is for an
IP Claim, as well as whether a claim seeks public injunctive relief.

22.2 Initial Dispute Resolution. Before submitting a claim for arbitration in

accordance with this Section 22, you and Epson agree to try, for sixty (60) days,
to resolve any Dispute informally. If Epson and you do not reach an agreement to
resolve the Dispute within the sixty (60) days, you or Epson may commence an
arbitration in accordance with Section 22.6. Notice to Epson must be addressed to:
Epson America, Inc., ATTN: Legal Department, 3131 Katella Avenue, Los Alamitos, CA
90720-2335. Any notice of the Dispute shall include the sender’s name, address and
contact information, the facts giving rise to the Dispute, and the relief
requested. Any notice sent to you will be sent to the most recent address Epson has
in its records for you. For this reason, it is important to notify us if your
address changes by emailing us at [email protected] or writing us at the
address above. You and Epson agree to act in good faith to resolve the Dispute
before commencing arbitration in accordance with this Section 22. To minimize the
cost and inconvenience to all parties, and to promote prompt resolution of
Disputes, you and we agree that engaging in this initial dispute resolution process
is a material term of this Agreement and a requirement that must be fulfilled
before commencing any arbitration.

Consistent with Section 22.6(a), you and Epson agree that any disagreements
regarding compliance with this Section 22.2 shall be decided by a court, not an
arbitrator; pending resolution of any such disagreements by a court, which may
include requests to compel compliance with this Section 22.2, you and we agree that
arbitration (as well as any obligation to pay arbitration fees) shall be stayed
until the initial dispute resolution process in Section 22.2 is complete. You and
Epson acknowledge that either party’s failure to comply with the provisions of this
Section 22.2 would irreparably harm the other, and you and Epson agree that a court
may issue an order staying arbitration (and any obligation to pay arbitration fees)
until the initial dispute resolution process in this Section 22.2 is complete.

22.3 Binding Arbitration. If we do not reach an agreed upon solution within a

period of sixty (60) days from the time informal dispute resolution is pursued
pursuant to Section 22.2 above, then either party may initiate binding arbitration.
Except as stated below in Section 22.4, you and Epson agree that all Disputes shall
be resolved by binding arbitration according to this Agreement. ARBITRATION MEANS
THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING, AND YOUR RIGHT
TO DISCOVERY AND GROUNDS FOR APPEAL ARE MORE LIMITED THAN IN COURT. Pursuant to
this Agreement, and except as stated below in Section 22.6(h), binding arbitration
shall be administered by JAMS, a nationally recognized arbitration provider,
pursuant to the JAMS Streamlined Arbitration Rules and Procedures or its applicable
code of procedures then in effect for consumer related disputes, but excluding any
rules that permit class arbitration. For more detail on the procedure to initiate
arbitration and what your demand for arbitration should include, see Sections
22.6(g) and 22.6(h) below. You and Epson understand and agree that (a) the Federal
Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement
of this Section 22, (b) this Agreement memorializes a transaction in interstate
commerce, and (c) this Section 22 shall survive termination of this Agreement.

22.4 Exception - Small Claims Court. Notwithstanding the parties’ agreement to

resolve Disputes through arbitration, either party can elect to have an individual
claim resolved in small claims court of your state or municipality if the action is
within that court’s jurisdiction, even if the claim was initiated by another party
in a different forum.

22.5 WAIVER OF CLASS ACTION AND CLASS ARBITRATION. YOU AND EPSON AGREE THAT EACH
PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY,
AND NOT AS A CLASS action or class arbitration. If any court or arbitrator
determines that the class action waiver set forth in this paragraph is void or
unenforceable for any reason or that an arbitration can proceed on a class basis,
then the arbitration provision set forth above in Section 22.3 shall be deemed null
and void in its entirety and the parties shall be deemed to have not agreed to
arbitrate disputes.

22.6 Arbitration Procedure.

a) The arbitrator shall be empowered to grant whatever relief would be available

in a court under law or in equity, except for requests for public injunctive
relief, if any, which shall be decided by a court, not an arbitrator. If either
party seeks public injunctive relief, that request for relief shall be severed from
any arbitration proceeding and stayed pending a final determination of the
arbitration. Nothing in Section 22 of this Agreement shall be construed as a waiver
of either party’s right to seek public injunctive relief, and you and we agree to
cooperate to effect the stay of any requests for public injunctive relief.

The arbitrator is bound by the terms of this Agreement. The arbitrator, and not any
federal, state or local court or agency, shall have exclusive authority to resolve
all disputes arising out of or relating to the interpretation, applicability,
enforceability or formation of this Agreement, including any claim that all or any
part of this Agreement is void or voidable. Notwithstanding this broad delegation
of authority to the arbitrator, and consistent with Sections 22.1, 22.2, 22.6(a)
and 22.6(h) of this Agreement, a court may determine: (i) the limited question of
whether a claim or cause of action is for an IP Claim, which is excluded from the
definition of “Disputes” in Section 22.1 above; (ii) disagreements regarding
compliance with the initial dispute resolution provisions in Section 22.2 above;
(iii) disagreements regarding claims for public injunctive relief as set forth in
this Section 22.6(a); and/or (iv) disagreements regarding the provisions for “Mass
Arbitration” in Section 22.6(h) below.

b) Costs of Arbitration and Legal Fees. In some instances, the costs of

arbitration can exceed the costs of litigation. Each party will have the right to
use legal counsel in connection with arbitration at its own expense. If, however,
the arbitrator determines that a claim or defense asserted by you or Epson is
patently frivolous or in bad faith, the arbitrator may award the reasonable legal
fees and costs incurred by the other party defending against the claim or defense.
By way of illustration only, and without limitation, a patently frivolous claim may
be found where it is based on a product never purchased by a claimant.

c) Discovery. The discovery or exchange of non-privileged information relevant

to the Dispute may be allowed during the arbitration. The right to discovery may be
more limited in arbitration than in court.

d) Awards. The arbitrator’s award is binding and may be entered as a judgment in

any court of competent jurisdiction.
e) Hearing Format and Location. You may choose to engage in arbitration
hearings by telephone or, if you and we both agree, to conduct it online, in lieu
of appearing live. Arbitration hearings not conducted by telephone or online shall
take place in a location reasonably accessible from your primary residence, or in
Orange County, California, at your option.

f) Settlement Offers. During the arbitration, the amount of any settlement offer
made shall not be disclosed to the arbitrator until after the arbitrator determines
the amount, if any, to which you or Epson is entitled.

g) Initiation of Arbitration Proceeding Before JAMS. Except as stated in Section

22.6(h) below, if you or Epson commences arbitration, the arbitration shall be
governed by the JAMS Streamlined Arbitration Rules and Procedures or the applicable
rules of JAMS that are in effect when the arbitration is filed, excluding any rules
that permit arbitration on a class-wide basis (the “JAMS Rules”), available at
http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth
in this Agreement. All Disputes shall be resolved by a single neutral arbitrator,
which shall be selected in accordance with the JAMS Streamlined Arbitration Rules
and Procedures, and both parties shall have a reasonable opportunity to participate
in the selection of the arbitrator. If either you or Epson decides to arbitrate a
Dispute before JAMS, both parties agree to the following procedure:

(i) Write a Demand for Arbitration. The demand must include a description of the
Dispute and the amount of damages sought to be recovered. The demand also must
identify the product purchased, identify the date and place of purchase and, if
possible, provide the serial number and proof of purchase. You can find a copy of a
demand for arbitration at http://www.jamsadr.com.

(ii) Send three copies of the demand for arbitration, plus the appropriate filing
fee, to: JAMS, 500 North State College Blvd., Suite 600 Orange, CA 92868, U.S.A.

(iii) Send one copy of the demand for arbitration to the other party (at the same
address as the notice of a dispute, above in section 22.2), or as otherwise agreed
by the parties.

h) Initiation of Mass Arbitration Before FedArb. Notwithstanding Sections 22.3

and 22.6(g), if 20 or more demands for arbitration are filed relating to the same
or similar subject matter and sharing common issues of law or fact, and counsel for
the parties submitting the demands are the same or coordinated, you and we agree
that this will constitute a “Mass Arbitration.”

If a Mass Arbitration is commenced, you and we agree that it shall not be governed
by JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be
administered by FedArb, a nationally recognized arbitration provider, and governed
by the FedArb Rules in effect when the Mass Arbitration is filed, excluding any
rules that permit arbitration on a class-wide basis (the “FedArb Rules”), and under
the rules set forth in this Agreement. The FedArb Rules are available at
https://www.fedarb.com/ or by calling 1-650-328-9500. You and we agree that the
Mass Arbitration shall be resolved using FedArb’s Framework for Mass Arbitration
Proceedings ADR-MDL, available at https://www.fedarb.com/.

Before any Mass Arbitration is filed with FedArb, you and we agree to contact
FedArb jointly to advise that the parties intend to use FedArb’s Framework for Mass
Arbitration Proceedings ADR-MDL. The individual demands comprising the Mass
Arbitration shall be submitted on FedArb’s claim form(s) and as directed by FedArb.

Consistent with Section 22.6(a) above, you and Epson agree that if either party
fails or refuses to commence the Mass Arbitration before FedArb, you or Epson may
seek an order from a court of competent jurisdiction compelling compliance with
this Section 22.6(h) and compelling administration of the Mass Arbitration before
FedArb. Pending resolution of any such requests to a court, you and we agree that
all arbitrations comprising the Mass Arbitration (and any obligation to pay
arbitration fees) shall be stayed. You and Epson acknowledge that either party’s
failure to comply with the provisions of this Section 22.6(h) would irreparably
harm the other, and you and Epson agree that a court may issue an order staying the
arbitrations (and any obligation to pay arbitration fees) until any disagreements
over the provisions of this Section 22.6(h) are resolved by the court.

22.7 30 Day Opt-out Right. You may elect to opt-out (exclude yourself) from the
final, binding, individual arbitration procedure and waiver of class proceedings
set forth in Sections 22.3 to 22.6 of this Agreement by sending a written letter to
the Epson address listed above in Section 22.2 within thirty (30) days of your
assent to this Agreement that specifies (i) your name, (ii) your mailing address,
and (iii) your request to be excluded from the final, binding individual
arbitration procedure and waiver of class proceedings specified in this Section 22.
In the event that you opt-out consistent with the procedure set forth above, all
other terms set forth in the Agreement, including this Section 22, shall continue
to apply, including the requirement to provide notice prior to litigation. If you
opt-out of these arbitration provisions, Epson will also not be bound by them.

22.8 Amendments to Section 22. Notwithstanding any provision in this Agreement to

the contrary, you and Epson agree that if Epson makes any future amendments to the
dispute resolution procedure and class action waiver provisions (other than a
change to Epson’s address) in this Agreement, Epson will obtain your affirmative
assent to the applicable amendment. If you do not affirmatively assent to the
applicable amendment, you are agreeing that you will arbitrate any Dispute between
the parties in accordance with the language of this Section 22 (or resolve disputes
as provided for in Section 22, if you timely elected to opt-out) when you first
assented to this Agreement.

22.9 Severability. If any provision in this Section 22 is found to be

unenforceable, that provision shall be severed with the remainder of this Agreement
remaining in full force and effect. The foregoing shall not apply to the
prohibition against class actions as provided in Section 22.5. This means that if
Section 22.5 is found to be unenforceable, the entire Section 22 (but only Section
22) shall be null and void.

23. For New Jersey Residents. NOTWITHSTANDING ANY TERMS SET FORTH IN THIS
AGREEMENT, IF ANY OF THE PROVISIONS SET FORTH IN SECTIONS 7 OR 8 ARE HELD
UNENFORCEABLE, VOID OR INAPPLICABLE UNDER NEW JERSEY LAW, THEN ANY SUCH PROVISION
SHALL NOT APPLY TO YOU BUT THE REST OF THE AGREEMENT SHALL REMAIN BINDING ON YOU
AND EPSON. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT, NOTHING IN THIS
AGREEMENT IS INTENDED TO, NOR SHALL IT BE DEEMED OR CONSTRUED TO, LIMIT ANY RIGHTS
AVAILABLE TO YOU UNDER THE TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT.

2022