Epson Professional Imaging

Epson Professional Imaging Epson Gemini 2 to Epson Gemini K3 Upgrade Program Epson Gemini 2 Customer Information All Fields Required Company Name Gemini K3 Ship To Information Ship To Location Use Same Address Info. on Left Contact Name Contact Name Street Address Street Address City, State, ZIP City, State, ZIP Contact Phone Number Contact Phone Number Contact E-Mail Address Contact E-Mail Address Epson Gemini K3 Ordering Information I already have an Epson Stylus Pro 4800 printer. I only require the FREE software upgrade. Epson Product Code Description MSRP Your Upgrade Price Quantity Extended Price C593001UCM Epson Stylus Pro 4800 Printer 1995.00 1536.00 C4800STAND Epson Stylus Pro 4800 Stand 349.00 262.00 The QUANTITY number should never exceed 2 printers total SUBTOTAL SALES TAX (Sales tax based on shipping address) Shipping Method Information Per Printer Shipping & Handling - Business with Loading Dock Acccess $100.00 Shipping & Handling - Residential or No Loading Dock Acccess $125.00 PAYMENT METHOD Credit Card Check Purchase Order Type of Credit Card: (Visa, MC, Discover, Amex) Name on Credit Card: Credit Card Number: Expiration Credit Card Signature: GRAND TOTAL START MY GEMINI K3 UPGRADE NOW! To Start Your Upgrade, Simply FAX this Form To: 800-333-0669 All orders are subject to approval by Epson for legitimate upgrade qualification. All sales are final, no exchanges or refunds. Subject to availability, please allow 7 to 10 business days for delivery after FAX confirmation of order. Epson America, Inc. has the right to terminate or modify this program at any time. For Internal Epson America Use Only Previous Epson Gemini 2 Server I.D. NEW Epson Gemini K3 Server I.D. Epson Gemini Account Number Previous Epson Gemini 2 Server Password NEW Epson Gemini K3 Server Password Epson Gemini 2 Upgrade Form 2.0-10242005MR

Epson Professional Imaging Epson Gemini 2 to Epson Gemini K3 Upgrade Program PROGRAM RULES 10.24.2005 1. All Epson Gemini K2 to Epson Gemini K3 upgrades are to be placed by FAX using only this approved form. 2. Epson America, Inc. ships all product sold under this program by ground only. Except for Hawaii which is by boat only. 3. You may pay for orders by credit card, cashiers check, personal or company check, or purchase order. a. The fastest process is to use a credit card. b. All other forms of payment may delay the processing and shipping of your order, in order to verify sufficient funds. c. If not paying by credit card, please FAX a copy of your check or P.O. information along with this order form. d. Epson America, Inc. will only accept P.O. s from organizations that already have an existing account with us. If you are not sure, do not pay by this method. 4. Subject to availability, please allow 7 to 10 business days for delivery after FAX confirmation of order. 5. If for any reason your payment or order is not approved, you will be notified that your order has been canceled. You must re-submit a new order if you wish to proceed. 6. Epson America, Inc. will ship to any address within the continental U.S. and Hawaii only. 7. All upgrades are to be installed by the customer only. If needed, contact your Epson Gemini reseller for optional installation or assistance programs. 8. Each Epson Stylus Pro 4800 printer purchased under this program comes with a new 1-Year Epson Preferred sm Protection Plan warranty. 9. All product sold under this program is new equipment only. 10. You will continue to use your current login I.D. and password to access your new Epson Gemini K3 web account. ( www.epsongemini.com ) 11. This form also starts the following account changes: a. A new Server I.D. and password will be sent to you for use during your upgrade process b. You will recieve an upgrade kit containing the latest client and sever software c. Any print credits you currently have within your Epson Gemini K2 account will automatically move into your new Epson Gemini K3 account 12. After performing this upgrade, your current Epson Stylus Pro 4000 printer models will not be compatible with the Epson Gemini K3 workflow. 13. After performing this upgrade, your Epson Gemini K3 system will have a 1-Year Epson Preferred sm Protection Plan warranty. This covers the Server PC, Printer Stand, Software, and Touch-Screen Monitor. 14. Along with this form, you must also sign and fax-in the End User Agreement form. This is your agreement to purchase all consumables under the Epson Credit-by-click program. 15. Each Epson Gemini K2 location can order up to two Epson Stylus Pro 4800 units.

Note: Read this Agreement carefully before signing. It requires the undersigned End User to purchase from Epson all the End User s requirements for supplies (ink and paper) for the End User s Gemini Professional Portrait Printing System. In case of breach of this requirement, the Agreement gives Epson several rights, including the right to disable the System s portrait-printing workflow software. END USER AGREEMENT Gemini Professional Portrait Printing System This End User Agreement (the Agreement ) is between Epson America, Inc. ( Epson ) and the end user identified below ( End User ). End User intends to purchase a Gemini Professional Portrait Printing System (the System ) from the Epson Authorized Dealer named below. The System is comprised of one or more Epson Stylus Pro printers, Epson s portrait-printing workflow software described in this Agreement (the Software ), a server, touch-panel, stand and other items. Execution of this Agreement is a condition to End User s use of the System, including the Software. 1. Commitment to Purchase System Supplies From Epson. 1.1 Exclusive Purchasing. Epson has designed the System to operate best and produce its highest-quality prints when using specific Epson printers, inks and media. End User agrees that, for the entire Term, End User will purchase all its requirements for ink cartridges and media for the System ( Supplies ) exclusively from Epson. Purchases shall be made either via an Epson Web site or a toll-free Epson telephone number, as communicated to End User by Epson. The prices for Supplies shall be Epson s published MSRP. Credit terms may or may not be extended for purchases, in Epson s sole discretion. Epson will ship Supplies to End User and pay the cost of ground shipping to destinations in the continental United States; the cost of other methods or destinations will be charged to End User. 1.2 Credit-by-Print Program. With each A4-size (8.3 x 11.7 ) print unit printed on the System and reported by End User via the Internet to Epson s central server, End User will earn credits for future orders of Supplies from Epson. Epson will calculate the credits as explained in Attachment A to this Agreement. For End User to earn credits, End User must access the Internet with the System periodically so that print units can be reported to the Epson server. 1.3 End User Breach and Epson Remedies. If End User breaches any of its obligations in this Agreement, Epson may, among other remedies: (a) Cease issuing credits for new print units produced; (b) cancel credits improperly earned; (c) disable the Software by remote command from Epson s central server; and/or (d) cease to support End User s use of the Software. Epson may make the determination of breach in its reasonable judgment. One basis for determination of breach is if there is an imbalance between print units reported by End User (high number of units) and Supplies ordered (low orders). 1.4 Disclosure of End User Information to Dealer. End User agrees that Epson may disclose, to any dealer handling End User s account for Epson, information as to the quantities of prints being made by End User, and as to End User s purchases of Supplies. Epson needs to share this information with the dealer as part of Epson s tracking of Supplies usage and to calculate commissions owed by Epson to the dealer. 2. Software License. The Software is provided subject to the Software License in Attachment B to this Agreement. End User agrees to abide by the terms of the Software License. 3. Limited Warranties. Epson provides a limited warranty for the components of the System. The warranty terms for the System s hardware are stated in the warranty statements that accompany the System hardware. The warranty terms for the Software are stated in the attached Software License. THE WARRANTIES DESCRIBED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESSED OR IMPLIED WARRANTIES. Your exclusive remedy and Epson s entire liability for breach of warranty will be limited to a refund of the price paid for the warranted product. Neither Epson nor its affiliates shall be liable for any loss, inconvenience, or damage, including direct, special, incidental or consequential damages, including lost profits, cost of substitute equipment, downtime, claims of third parties, including customers, or injury to property, resulting from the use or inability to use the product, whether resulting from a breach of warranty or any other legal theory. 4. Starter Ink Cartridges. End User understands that the System will be delivered with starter ink cartridges that are smaller than the cartridges available for purchase from Epson after installation of the System. The dealer has agreed to provide the starter cartridges without extra charge to End User. There is sufficient ink in the starter cartridges to prime the System for use, and to produce several A4 print units after priming. 5. Term. This Agreement is effective from the date the System has been delivered to End User s location. Unless terminated earlier under this section, this Agreement continues in effect for as long as the System is under warranty (the Rev. 9/05 35009

Term ). This Agreement may be terminated by Epson or End User for breach, on 10 days notice of breach and failure to cure in that time. This Agreement may be terminated by Epson without cause on 30 days notice. 6. General Terms. This Agreement shall be construed in accordance with the internal laws of the State of California. This Agreement is the entire agreement between the parties and supersedes all other understandings, including any prior End User Agreement. It may be amended only by a writing signed by the party to be bound. End User may not assign any right or delegate any duty under this Agreement without Epson s prior written consent, and any purported assignment or delegation in violation of this requirement is void. All notices given in this Agreement must be in writing to the notice address stated below, or to such other address that the recipient may designate by notice. This Agreement may be executed in counterparts and by faxed signature. Agreed: End User [If a business entity] By: Title: EPSON AMERICA, INC. ( Epson ) By: Title: [If an individual] (Signature) an individual (no title) Installation Address / Address for Notices: Attention: Tel. / Fax: Epson America, Inc. 3840 Kilroy Airport Way Long Beach, CA 90806 Attention: Gemini Product Management Epson Authorized Dealer Information: Name: Address: Tel. / Fax: WHEN SIGNED BY END USER, THIS AGREEMENT SHOULD BE FAXED TO EPSON AT THE FOLLOWING NUMBER: 800-333-0669

ATTACHMENT A CREDIT BY PRINT PROGRAM 1. After the end of each month, Epson will total up all A4-size print units that were reported by End User as having been printed on End User s System during the month (prints made on sizes other than A4 will be converted to their equivalent in A4 units). End User must access the Internet with the System in order to report the print units to Epson s server. 2. If the total A4 print units reported for the month are 300 units or greater (all print units of all media types together), then End User will be given credits for future purchases of Supplies from Epson, based on Epson s then-current table of perunit prices and discounts for media and ink (the Discount Table ). Below for purposes of illustration is a modified table showing prices and discounts for selected media. Contact Epson at 562-997-5710 or visit EpsonGemini.com to receive or view the full Discount Table in effect at any time. The credits are calculated as follows: (a) For each media type on the Discount Table, Epson will calculate the full price (MSRP) for print units produced on that media, using the per-print price before application of any discount percentage (the 0% discount column in the sample table below). Epson will then calculate the total price (at 0% discount) for all media types for the month. (b) Epson will then multiply the applicable discount percentage to the total dollar price determined in (a). The total number of A4 print units for the month (300 599, or 600 1199, etc.) will determine the applicable discount percentage. The product of the discount percentage and the dollar total in (a) is the amount that will be End User s credit for the relevant month. Examples (for the purpose of these examples, refer to the sample table of selected media below) a) You produce 375 A4 print units in the month, all on Premium Luster Photo Paper (A4 size): 375 x $1.16 = $435.00 (0% discount) $435.00 x 12.5% discount = $54.37 credit for the month, to apply to future purchases of Supplies from Epson b) You produce 200 A4 print units on Premium Luster Photo Paper (A4), and 450 units on Enhanced Matte Paper (650 total A4 print units for the month): 200 x $1.16 = $232 (0% discount) for Premium Luster Photo Paper 450 x $0.80 = $360 (0% discount) for Enhanced Matte Paper $232 + $360 = $592 $592 x 15% discount = $88.80 credit for the month, to apply to future purchases of Supplies from Epson c) You produce 298 A4 print units in the month: No credits earned. At least 300 units must be printed in the month in order to earn any credits. Sample Table of Per-Print Prices and Discounts for A4 Print Units Selected Ink & Media* TOTAL MONTHLY A4 PRINT UNIT VOLUMES <300 300 599 600 1,199 1,200 2,400 >2,400 Discount Percentage 0.0% 12.5% 15.0% 17.5% 20.0% Premium Luster Photo Paper A4 $1.16 $1.02 $.99 $0.96 $0.93 Premium Luster Photo Paper 13 x 19 (100- sheet count) $1.28 $1.12 $1.09 $1.06 $1.02 Premium Luster Photo Paper 17 x 22" $1.38 $1.21 $1.18 $1.14 $1.11 Enhanced Matte Paper A4 $0.80 $0.70 $0.68 $0.66 $0.64 PremierArt Canvas 17 Roll $2.50 $2.18 $2.12 $2.06 $2.00 UltraSmooth Fine Art Paper 24 Roll $1.67 $1.46 $1.42 $1.37 $1.33 * Price per print includes the price for both ink and media. Price does not include any amortized cost of System hardware. Ink is calculated at a usage rate of 0.95 ml per A4 print unit, which is derived from Epson internal testing and historic usage rates for the Gemini System. Actual ink usage will vary with images printed, media type, and frequency of use.

ATTACHMENT B SOFTWARE LICENSE 1. License. Epson America, Inc. ( Epson or we ) grant the end user ( End User or you ) a limited, non-exclusive, royalty-free license to use the software (the Software ) that we provide for the Gemini Professional Portrait Printing System (the System ) on the terms set forth in this license. The Software includes software installed on your System server, and other software ( Client Software ) that is to be installed on your own computer. You may only use the Software in connection with your use of the System. You may install Client Software in multiple computers, if the computers are used with the System. You may make backup copies of the Client Software. 2. End User Agreements. By using the System, you: 2.1. Agree not to modify, adapt or translate the Software, and not to attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software; and not to rent, lease, distribute or lend the Software to third parties. In addition, you acknowledge that the Software is licensed as a single unit, and its component programs may not be separated for some other use, you agree not to place the Software onto a server or other shared environment so it is accessible via a public network such as the Internet, and 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. 2.2. Agree title, ownership rights, and intellectual property rights in and to the Software shall remain with Epson or its suppliers. 2.3. Acknowledge that the Software is protected by United States Copyright Law and international copyright treaties, as well as other intellectual property laws and treaties. 2.4. Agree that there is no transfer to you of any title to or ownership of the Software, and that this license shall not be construed as a sale of any rights in the Software. 2.5. Agree not to remove or alter any copyright, trademark, registered mark and other proprietary notices on any copies of the Software. 2.6. Acknowledge that Epson and its suppliers reserve all rights not granted. 3. Limited Warranty. Epson warrants to you that the Software will perform substantially in accordance with the System documentation for one year from delivery of the System to your location. Epson s sole and exclusive liability and your exclusive remedy for breach of warranty shall be limited to providing another copy of the Software. 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 System. 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. 4. Upgrades. The term Software includes any modified versions, updates, additions and upgrades ( Upgrades ) of Software that we make available to you. You agree that you will accept all Upgrades, and cooperate in downloading or installing them to your System or your System computer. 5. Government. For U.S. Government users, the Software is provided with restricted rights. Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable, and any amendments thereto. 6. Law. This license shall be construed in accordance with U.S. federal laws and the internal laws of the State of California.