Firmware Update, Version 2.1.3

Description

Please read the included file "Phaser 6120 Phaser Changenotes.doc" before installation.
Phaser 6120 Firmware updates to 2.1.3 . This firmware update improves printer usability and reliability. New printers and replacement logic boards have this updated firmware preinstalled.
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End User License Agreement

END USER LICENSE AGREEMENT

YOUR LICENSE AGREEMENT -- READ BEFORE INSTALLING SOFTWARE

IMPORTANT: THIS AGREEMENT CONTAINS THE LICENSE TERMS AND CONDITIONS FOR XEROX SERVER SOFTWARE, XEROX PRINTER SOFTWARE AND RELATED DOCUMENTATION. XEROX SERVER SOFTWARE PROVIDES SERVICES ON A COMPUTER CALLED THE SERVER AND THE XEROX PRINTER SOFTWARE ALLOWS A COMPUTER OR WORKSTATION TO ACCESS OR UTILIZE THE SERVICES PROVIDED BY THE XEROX SERVER SOFTWARE. IF YOU DOWNLOAD, INSTALL, ENABLE OR USE ANY PART OF THIS SOFTWARE PACKAGE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST PROMPTLY RETURN THIS SOFTWARE PACKAGE AND ACCOMPANYING DOCUMENTATION AND DELETE ANY SOFTWARE FILES ACCESSED BY YOU 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.

1.	LICENSE GRANT

1.1	If you have paid for a Xerox Server Software and Xerox Printer Software license, Xerox grants to you a non-exclusive, non-transferable license to use the machine readable software (the "Licensed Software"). The Xerox Server Software can be installed on only on a single computer at any one time (the computer running the Server Software shall be referred to as the “Server”). You can make one copy of the Licensed Software only for backup purposes in the event loaded materials are lost or damaged. Your back-up copy of the Licensed Software must include and retain all confidential, proprietary, patent, copyright and/or trademark notices contained on the original. Title to the Licensed Software (including your backup copy) will at all times reside exclusively with Xerox and/or its licensors. You have no other rights to the Licensed Software. This means that you may not create derivative works of the Licensed Software, or attempt to de-compile or reverse engineer the Licensed Software or permit third parties to do so, except to the extent required to obtain interoperability with other independently created software as explicitly permitted by law. You may not transfer or distribute this license or your original or any backup copy of the Licensed Software to another computer or to any other person or legal entity. If Licensed Software contains software developed by a third party, such third party shall be considered a third party beneficiary of your obligations under this Agreement.

1.2	Use of the Xerox Printer Software. You may use the Xerox Printer Software only if you have purchased Xerox Printer.

1.3	Use of Xerox Server Software. You may use one copy of the Server Software on one Server, which may be connected at any point in time to an unlimited number of computers or workstations operating on one or more networks. Users with a Xerox Printer Software license can access or otherwise utilize the services of the Server.

1.4	Notice to Users. You shall inform all users of the Licensed Software of the terms and conditions of this Xerox Software Agreement.


1.5	Prohibited Use. Neither Xerox Printer Software nor Xerox Server Software may be utilized in any timesharing, Internet or service bureau-type utilization or distribution.

2.	LIMITATION OF LIABILITY

IN NO EVENT WILL XEROX OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING 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. IN ADDITION, XEROX'S LIABILITY TO YOU FOR DIRECT DAMAGES WILL IN NO EVENT EXCEED THE PURCHASE PRICE YOU PAID FOR THE LICENSED SOFTWARE. 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.

3.	INTELLECTUAL PROPERTY INDEMNIFICATION

Xerox will defend you from, and pay any ultimate judgment for, infringement in the United States by the Licensed Software of any intellectual property right, if you promptly notify Xerox in writing of any alleged infringement, allow Xerox to defend, and fully cooperate with Xerox. Xerox is not responsible for any non-Xerox litigation expenses or settlements unless it preapproves them in writing. To avoid infringement, even if not alleged, Xerox may, at its option, obtain any necessary licenses, modify or substitute an equivalent software product, or refund the price paid for the Licensed Software (less the reasonable rental value for the period it was available to you). Xerox is not liable for any infringement-related liabilities outside the scope of this paragraph, including but not limited to, infringement based upon the Licensed Software being used in combination with equipment, software or supplies not provided by Xerox or being modified to your specifications.

4.	DISCLAIMER ON WARRANTY OF LICENSED SOFTWARE.

For the purposes of this Clause 4 and for the purposes of the provisions of Clause 5 below, XEROX and XEROX’s Licensor(s) shall be collectively referred to as XEROX . You expressly acknowledge and agree that use of the Licensed Software is at your sole risk. The Licensed Software and related documentation are provided "AS IS" and without warranty of any kind and XEROX EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XEROX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED SOFTWARE WILL BE CORRECTED. FURTHERMORE, XEROX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LICENSED SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY XEROX OR A XEROX AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT XEROX OR A XEROX AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU IN THOSE JURISDICTIONS.

5.	SUPPORT

If you have paid for Software Support for the Licensed Software, Xerox will provide support as follows:
A.	Definitions:

1.	"Major Release" and "Major Upgrade" shall mean a release of the Licensed Software, which provides significant additional value or utility to the Software.
2.	"Minor Release" and "Minor Upgrade" shall mean a release of the Licensed Software other than a Major Release.
3.	"Patch" shall mean a fix or workaround for a customer identified Licensed Software defect which corrects, avoids or provides a workaround for such defect.
4.	"Severe Software Problem" shall mean a Licensed Software defect which substantially reduces the reliability or functionality of the Licensed Software or renders unusable the CPU in which the Licensed Software is loaded.

B.	License Necessary: Support for the Licensed Software is contingent upon you having in effect a valid license with Xerox to use the Licensed Software.

C.	Term: Software Support shall be available for three hundred sixty five (365) days from the delivery date of the Office Fax Pro product and is subject to renewal upon the mutual agreement of both parties. To continue to receive Software Support, you must have in effect a valid Software Support Agreement.

D.	Fees: You agree to pay Xerox the fees specified on any invoice for Software Support in U.S. Dollars. Such fees will be due within thirty (30) days of your receipt of such invoice. Such fees are exclusive of any local, state or federal sales, use or any other applicable taxes, the payment of which are your responsibility.

E.	Contacts: You agree to designate two persons, one of whom shall be the primary and the other of whom shall be the backup respecting your communications with Xerox relating to Software Support under this Agreement. Such persons shall be the only person(s) whom Xerox is obligated to communicate with under this Agreement. Except as otherwise specified below, communications may be effected by telephone, mail (including e-mail) or fax.

F.	Elements of Software Support for this Agreement:
1.	Software Support will be provided as follows:
a.	for the then current release of Licensed Software during the entire term of this Agreement.
b.	for the immediately preceding release of Licensed Software during the period ending on the earlier of the expiration date of this Agreement or twelve (12) months after the date the most current release is made available.
2.	Software Support will consist of the following:
a.	Telephone, mail, fax or e-mail support to resolve Licensed Software problems, Monday – Friday, Xerox holidays excluded, (telephone support may also be unavailable during periods of unscheduled emergencies and meetings). Customers in the United States can call (800) 821-2797 or TTY 800-855-2880, 7 days a week, 24 hours a day. Please have the serial number of your Xerox product when you call.
b.	Provision of Patches to you within a reasonable time after they become available. Xerox does not guarantee that it will fix a Licensed Software problem or issue a Patch for any Licensed Software problem. However, if you notify Xerox via phone, mail, fax or e-mail of a Severe Software Problem, and your Xerox Customer Support Executive generates a Software Problem Action Report, Xerox will use reasonable efforts to fix such Severe Software Problem or issue a Patch or Minor Release with respect to such Severe Software Problem. Patches released by Xerox will only be issued for the then most current release of the Licensed Software.
3.	Xerox reserves the right to charge you a separate fee for the issuance of a new Release.
4.	Solely for purposes of Xerox performing its obligations under this Agreement, you agree to give Xerox reasonable access to the Licensed Software, the system(s) in connection with which the Licensed Software is used, the Licensed Software documentation and other relevant records and documents and shall provide such other reasonable assistance as Xerox may request.
5.	Xerox may provide Software Support to you if you have customized your Licensed Software implementation but does not guarantee that it will do so. Xerox will only guarantee the ability to support the Licensed Software in the state it is delivered and installed, using the recommended installation procedures. Xerox’s only obligation in the event that a customized system fails is to help you restore the Licensed Software to its original state, and to assist you in preserving data when you attempt to restore such Licensed Software to its unmodified state. However, Xerox may charge additional fees for such support. Xerox does not guarantee that you will be able to successfully restore modified Licensed Software to its unmodified state or that you will be not lose data in the process of such attempted restoration.

G.	Support Exclusions: This Agreement does not cover support for hardware or for any software other than the Licensed Software.

6.	GENERAL

(a)	U.S. Government Restricted Rights. The Licensed Software and accompanying documentation 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 Licensed 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.

(b)	Force Majeure. Neither party shall be liable to the other for its failure to perform any of its obligations hereunder during any period in which such performance is delayed by circumstances beyond its reasonable control (including, but not limited to, work stoppages, fires, civil disobedience, war, terrorist attacks, Acts of God and similar occurrences), provided that the party experiencing such delay promptly notified the other party of the delays.

(c)	Waiver. No delays or failure by Xerox to exercise any right or remedy will operate as a waiver thereof. No waiver of any of the provisions of this Agreement for a particular situation shall be deemed or constitute a permanent waiver of such provision for any other situation, not shall such waiver constitute a waiver for the same situation if it should recur.

(d)	Severability. 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.

(e)	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 located in the State of New York.

(f)	Export. You will not export or re-export the Licensed Software without appropriate United States or foreign government licenses or for any purpose prohibited by any applicable export control laws.

(g)	Entire Agreement. This Agreement constitutes the entire agreement between the parties in connection with the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements as to that subject matter. The pre-printed terms and conditions contained in any purchase order or other ordering document submitted with respect to the Licensed Software shall have no binding effect on Xerox and shall not modify this Agreement in any way. 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.
Supported platforms

Windows Server 2003
Windows Vista
Windows XP
Windows 2000
Windows Me
Windows 98
Windows NT 4.0
Mac OS X 10.5 or lower
Supported languages

German
English (N. America)
English (Global)
Spanish
French
Italian
Dutch
Brazilian Portuguese
Russian
Swedish
Supported products

Phaser 6120
Firmware Update, Version 2.1.3

Description

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End User License Agreement

Supported platforms

Supported languages

Supported products

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