OEM SOFTWARE DEVELOPMENT AND LICENSE AGREEMENT No OM - 06/01
OEM SOFTWARE DEVELOPMENT AND LICENSE AGREEMENT No: SW - 06/01
This OEM SOFTWARE DEVELOPMENT AND LICENSE AGREEMENT (this "Agreement") is made
as of December 14th, 2001 (the "Effective Date") by and between SCANVEC AMIABLE,
INC., a company ("SA") located at Xxxxxxxxxxxxx Xxxxx Xxx, Xxxxx 000,
Xxxxxxxxxxxx, Xxxxxxxxxxxx 00000, XXX and HEWLETT-PACKARD COMPANY, a Delaware
Corporation and its Subsidiaries, divisions and affiliates ("HP"), especially
Hewlett-Packard Espanola, S.A. having a large and wide format printer division
("Inkjet Commercial Division") located at Xxxx.Xxxxxxx 000, 00000 -Xxxx Xxxxx
xxx Xxxxxx, Xxxxxxxxx (Xxxxx).
Recitals:
WHEREAS, SA designs and manufactures graphics software and composes related
documentation for use with the Macintosh, Power Macintosh and PC computers,
WHEREAS, HP desires to obtain a license from SA of certain rights with respect
to certain of SA's customized graphics software and related documentation used
with the Windows and Macintosh platforms, as designated herein, and SA desires
to grant such license to HP, subject to the terms and conditions set forth
herein.
NOW, THEREFORE, in consideration of the mutual promises contained herein and
intending to be legally bound hereby, the parties hereto agree as follows:
1. DEFINITIONS
1.1 "Program" shall mean SA or third party's Licensed Software(s) listed
and described in Annex A annexed hereto and made a part hereof, in
object code form, supporting the Windows NT, Windows 2000 and Macintosh
platforms, including all Enhancements and localized versions thereto as
further set forth below supplied by SA during the term of this
Agreement.
1.2 "Documentation" means the manuals and other documentation that SA
ordinarily makes available with the Program and any other documentation
and information regarding the Program which HP reasonably requests for
evaluation and use of the Program as contemplated herein, including
those items listed and described in Annex A hereto.
1.3 "Deliverables" shall mean the Developed Code for the Program,
Documentation and other materials to be delivered by SA to HP with
respect to each Milestone.
1.4 "Specifications" means the technical and functional requirements for
the Program and/or Documentation as set forth or referenced in Annex A
or as otherwise agreed to by the parties.
1.5 "Development Program" shall mean the activities undertaken by the
parties hereunder for the development of the Program and Documentation
satisfying the Specifications pursuant to this Agreement, according
more specifically to Annex A.
1.6 "Development Work" shall mean the Program, Documentation and all other
results and items arising out of the Development Program, including
without limitation, all Deliverables, programming materials,
inventions, designs, notes, records, memoranda, documentation, models,
prototypes and other materials, as well as all Enhancements,
derivatives and modifications thereof, and all intellectual property
rights thereto.
1.7 "Enhancements" shall mean all error corrections, bug fixes,
modifications, new features, new functionalities, upgrades, versions
and updates with respect to the Program or Documentation.
1.8 "HP Property" shall mean all property, including without limitation,
models, tools, equipment, copies of designs and documentation and other
materials that may be furnished to SA by HP or on HP's behalf or
separately paid for by HP for use by SA in connection with this
Agreement.
1.9 "Milestone" shall mean each development or delivery milestone of the
Development Program as set forth in the "Milestone Schedule" attached
hereto as Annex E. "Milestone Payment" means a payment obligation
related to the achievement and acceptance of a particular Milestone.
1.10 "Specifications" shall mean the technical and functional requirements
for the Program and/or Documentation
OEM SOFTWARE DEVELOPMENT AND LICENSE AGREEMENT No OM - 06/01
as set forth or referenced in Annex A or as otherwise agreed by the
parties.
1.11 "OEM Products" means, collectively, the Program and Documentation
developed by SA for HP under this Agreement.
1.12 "HP Printer(s)" means any HP printer model, in all its supported
configurations and subsequent revisions and replacements, and with all
associated peripherals, if any, that HP desires to use in conjunction
or otherwise integrate with the Program developed by SA under this
Agreement.
1.13 "Subsidiaries" means an entity controlled by or under common control
with a party to this Agreement, through ownership or control of more
than fifty percent (50%) of the voting power of the shares or other
means of ownership or control, provided that such control continues to
exist.
1.14 "Launch Date of the HP Printer" means the initial date of availability
of a HP Printer for sale and delivery to end-users. HP shall provide SA
with notice of the Launch Date of the HP Printer with at least 30 days
in advance.
1.15 "Complete Copy" of Program includes (i) a master copy of the Program in
object code form (as specified on Annex A hereto) on the media
described on Annex A that satisfies all functional specifications set
forth in the Documentation, and (ii) all Documentation and technical
manuals for the Program in the form(s) and on the media described in
Annex A.
2 DEVELOPMENT EFFORT
2.1 Development. Commencing upon the execution of this Agreement, SA agrees
to use its best reasonable efforts to perform its obligations under the
Development Program, to achieve each Milestone and to deliver
Deliverables, which satisfy the Specifications.
2.2 Program Management and Changes. Each party designates the person(s) set
forth in Annex D as the primary contact of each party with respect to
this Agreement, which person(s) may be re-designated by a party by
notice to the other. In the event of a necessary or desired change in
any material aspect of the Development Program, the parties shall use
their good faith efforts to reach agreement regarding any such change
in writing prior to its implementation. A proposed change shall be
initiated by the proposing party in a written notice to the other
party. The receiving party shall review such proposal in a timely
manner. The parties agree to discuss in good faith the effect on each
party of such proposed change, including any effect on the objectives
and/or cost of the Development Program.
3 DELIVERY AND ACCEPTANCE
3.1 Delivery. A detailed schedule for the development of the OEM Products
and the corresponding intermediate Milestones and Deliverables is
specified in Annex E. SA agrees to use its best reasonable efforts to
perform its delivery obligations according to the provisions contained
in this Agreement and the Annex attached.
Upon completion of each Milestone for which SA is responsible, SA shall
promptly notify HP and deliver to HP the corresponding Deliverables.
Prior to the delivery of any Deliverable, SA will perform its internal
testing to assure that such Deliverable conforms to the Specifications.
SA agrees to use its reasonable best efforts to perform its delivery
obligations according to the provisions contained in this Agreement and
the Annex attached.
3.2 Form of Deliverables. Deliverables consisting of software shall be in
object code form only. Deliverables consisting of Documentation shall
be in both human-readable and electronic formats. Other Deliverables
shall be in the form and format as specified in the Milestone Schedule
attached hereto as Annex A.
3.3 Acceptance. HP will have thirty (30) days from the date of receipt of a
Complete Copy of the Program to evaluate it for conformity with the
Specifications and shall either (a) accept the Program pursuant to the
provisions of this Section 3.5 or (b) return the Program for rework or
(c) reject the Program.
HP will be entitled to test and evaluate any intermediate Deliverable
and/or the Program by whatever means it deems appropriate consistent
with SA's rights in the Deliverable and/or the Program, and SA hereby
grants to HP any licenses needed for HP to perform its evaluation. Such
licenses will include the right of HP to use third party subcontractors
to achieve the foregoing, provided such subcontractors are approved in
writing by SA and agree in writing to be bound by the confidentiality
requirements of Section 10.3 of this Agreement. If HP returns a
Deliverable and/or the Program for rework, SA agrees to use its best
reasonable efforts to correct [UNREADABLE TEXT] the Deliverable and/or
the Program for re-evaluation under the same
OEM SOFTWARE DEVELOPMENT AND LICENSE AGREEMENT No OM - 06/01
acceptance procedure. HP shall provide SA with a written description of
all listed defects in sufficient detail to enable SA to identify the
areas in which the Deliverable and/or the Program do not conform to
the Specifications. HP shall have the right to reject a Deliverable
and/or a Program only if SA fails to materially correct the listed
defects within fifteen (15) days after HP has returned the Deliverable
and/or the Program to SA for rework as described above. In the event HP
rejects a Deliverable and/or the Program, it will give SA written
notice of rejection stating with specificity the reasons for its
rejection, and this Agreement will terminate with respect to that
Program. No payment will be payable to SA unless the intermediate
Deliverable and/or the Program has been accepted by HP in writing. HP
shall provide SA with HP's written acceptance within fifteen (15) days
after the Deliverable and/or the Program in question materially
conforms to the Specifications.
3.4 Program Enhancements. SA agrees to deliver to HP a Complete Copy of any
Program enhancement within five (5) days of its release by SA. HP will
have the right to test and evaluate the Enhancement under the
acceptance procedure described above.
3.5 Access to HP Printer Prototypes. In case SA is provided with any
prototype of an HP Printer to assist SA with its development and
support obligations hereunder, SA agrees to comply strictly with the HP
provided confidentiality obligations specified in this Agreement in
connection with them, and agrees to implement at least the following
additional security measures in order to protect the secrecy of such HP
Printer prototypes and related printing supplies:
o SA will install the HP Printer prototypes in a
secure, non-public location within the SA's premises.
o Access to the HP Printer prototypes will be
restricted to authorized employees of SA only who
have signed the appropriate confidentiality
agreement.
o The HP Printer prototypes must be covered with a
cover when not in use.
o SA will destroy all expired printing supplies
(printheads, ink containers, print cleaners, media,
...) by following at least the same measures as
those usually expected from a reasonable party to
destroy its own confidential information.
o The HP Printer prototypes will not be used by SA for
any other purposes different than those related to
this Agreement.
o HP will have the right to visit SA's premises during
normal business hours, with a prior notice of ten
(10) days written notice by HP and not more
frequently than twice in any twelve (12) month
period, solely for the purpose of verifying the
compliance of the security measures mentioned above
by SA.
4 OWNERSHIP AND LICENSES
4.1 License to the Program. SA hereby grants to HP, under SA's intellectual
property rights, a non-exclusive, worldwide license to use, reproduce,
display, distribute, import and disclose the Program in object code
format only for use in conjunction with an HP Printer.
Such use limitation will also apply in the case of Enhancements for
distribution to customers for support and maintenance purposes. Such
license will include the right of HP to sublicense distributors,
resellers, and other third parties to achieve the foregoing, and
distribute the Program and/or Enhancements through any method HP deems
appropriate, including but not limited to electronically through HP
websites.
4.2 License to the Documentation. SA hereby grants to HP, under SA's
intellectual property rights, a nonexclusive, worldwide license to use,
reproduce, display, translate, import, disclose, distribute, modify and
prepare derivative works or compilations of: (a) the Documentation; and
(b) modifications, derivative works and compilations based upon the
Documentation for use with a Program. These rights are exercisable in
any medium. Such license will include the right of HP to sublicense
distributors, resellers, and other third parties to achieve the
foregoing, and distribute the Documentation and modifications,
derivative works and compilations based upon the Documentation through
any method HP deems appropriate, including but not limited to
electronically through HP websites.
The right to modify and prepare derivative works and compilations is
granted solely for the purposes of combining Documentation of more than
one program, condensing Documentation, and formatting and preparing
Documentation for user accessibility.
OEM SOFTWARE DEVELOPMENT AND LICENSE AGREEMENT No OM - O6/01
a non-exclusive, worldwide license to capture visual images of the
Program screen displays and packaging, the Documentation and the
CD-ROM, if any, and to use, reproduce, display, perform, distribute,
import and modify such photographs and modifications and images solely
in connection with HP's marketing and support of the Program and
training with respect to the Program. Such license will include the
right of HP to sublicense distributors, resellers, and other third
parties to achieve the foregoing.
4.4 Restrictions. HP will not disassemble, reverse engineer or otherwise
modify any Program without prior written authorization from SA.
4.5 Localized Versions. The licenses granted hereunder with respect to the
Program and associated Documentation will include all localized
versions thereof developed by or on behalf of SA. Upon the request of
HP, SA agrees to use its best reasonable efforts to localize the
Program for additional countries upon a schedule and cost to be agreed
upon in good faith by the parties.
In the event that SA fails to make commercially available such a
localized version of the Program under the schedule agreed upon, then
SA agrees to grant to HP, on terms to be reasonably agreed upon in good
faith, a non-exclusive license to modify the Program in order to
localize the Program, and the non-exclusive right to use, reproduce,
display and distribute such localized versions developed by HP, in
object code form, to end users directly or through HP's third party
channels of distribution. HP may subcontract its localization efforts,
subject to confidentiality restrictions reasonably satisfactory to SA.
Under such license, SA will provide HP, on payment terms to be
reasonably agreed upon in good faith, with reasonable technical
assistance, all necessary object code Program and any related
compilers, utilities, listings or other materials necessary for HP to
create a localized version of the Program, which HP agrees to treat as
Confidential Information of SA under Section 10 herein in perpetuity or
the longest period allowed by law.
4.6 Trademarks. Neither party is granted any ownership in or license to the
trademarks, marks or trade names (collectively, "Marks") of the other
party. Notwithstanding the foregoing, SA acknowledges that HP may use
SA's name and the name of the Program in the course of marketing and
distributing such Program as bundled with the HP Printer. The style and
text regarding the aforesaid use shall be subject to SA's prior written
consent. HP will assure that a notice is affixed to or accompanies the
Program stating that the Program incorporated therein is licensed
exclusively for use by the purchaser thereof, but only to the extent
that such use is reasonably necessary for the proper use of the HP
Printers for the purposes for which they were designed and providing
that such Program shall not be used otherwise than as authorized under
the license terms.
4.7 Ownership. Subject to the rights and licenses granted to HP hereunder,
SA retains all right, title and interest in the Programs and
Documentation, and the commercial exploitation of same, including,
without limitation, all copyrights, patent, trade secret, proprietary
and/or all other intellectual property rights.
Notwithstanding above, SA will need HP's prior written authorization to
use any material developed under this Agreement to develop, license,
distribute or market other software programs, and will not use any HP
know-how, confidential information or trade secret obtained, accessed
or received under this Agreement for any purpose other than the
performance of this Agreement without HP's prior written consent.
4.8 Software License Terms. HP will be entitled to use its then current
standard form software license terms for marketing and sublicensing the
Programs under this Agreement so long as the content of such software
license form is substantially similar or stricter to that contained in
the form attached hereto as Annex C.
End-user will have the right to install a copy of the Program in an
unlimited number of computer units connected to the HP Printer unit, as
far as the Program is used only in conjunction with such HP Printer
unit.
4.9 Copyright Notices. Unless otherwise stated in the Annexes attached, HP
agrees that it will not remove any copyright notices, proprietary
markings, trademarks or tradenames of SA from the Program or
Documentation. SA and HP agree that a second HP copyright notice in
HP's standard copyright notice form may be added to any HP modification
authorized in writing by SA.
5 PROGRAM MAINTENANCE AND SUPPORT
5.1 Maintenance and Support. SA agrees to provide HP and its customers with
ongoing maintenance and support for the Program as set forth in Annex F
hereto. Unless otherwise agreed in Annex H, provisions agreed to in
Annex F will be also applicable for Annex H ("HP Eiffel RP SW RIP
porting to MAC OS X Contract Specification") SA agrees to maintain such
number of qualified personnel as is necessary to provide such timely
and knowledgeable maintenance and support service.
OEM SOFTWARE DEVELOPMENT AND LICENSE AGREEMENT No OM - 06/01
Notwithstanding any termination of this Agreement other than resulting
from any breach of this Agreement by HP, SA agrees to maintain and
support the Program distributed by HP for at least five (5) years after
the Launch Date of the Program.
In the event that SA fails to comply with their maintenance and support
obligations under this Agreement and such failure continues for a
period of fifteen (15) days after written notice from HP to SA, then SA
will grant HP with a non-exclusive license to use object code of the
Program in order to maintain and support the Program, and the
exclusive, worldwide right to use, reproduce, display and distribute
such modified versions developed by HP, in object code form, to end
users directly or through HP's third party channels of distribution. HP
may subcontract its maintenance and support efforts, subject to
confidentiality restrictions reasonably satisfactory to SA. Under such
license, SA will provide HP with reasonable technical assistance, all
necessary object code of the Program and any related compilers,
utilities, listings or other materials necessary for HP to maintain and
support the Program, which object code HP agrees to treat as
Confidential Information of SA under Section 10 herein in perpetuity or
the longest period allowed by laws.
5.2 Technical Assistance and Training. SA agrees to provide to HP such
technical assistance and training to HP personnel as set forth in Annex
F in order for HP to use, copy and distribute the Program as
contemplated herein.
5.3 New HP Printers. The parties intend that during the term of this
Agreement, the Program will be compatible with future releases and
revisions of the HP Printers, including new or revised versions of the
operating systems for the HP Printers, provided that such new HP
Printers support the Program, and with and future releases and
revisions of currently existing or non-existing third party host
operating systems. Upon request by HP, SA agrees to use its best
reasonable efforts to provide HP with the Program adapted for use with
such new HP Printers within ninety (90) days after notification from
HP, provided that HP makes available to SA such hardware and Program
reasonably necessary for SA to develop and qualify such adapted
Program.
Amounts to be paid by HP to SA for these adaptations of the Program
will not exceed the then-existing rate SA charges its most favored
customers for similar works.
5.4 Backward Compatibility. Any subsequent Program will be backward
compatible with the previous version of the Program provided by SA
under this Agreement.
5.5 HP Proposed Enhancements. HP may from time to time request significant
functionality Enhancements to the Program. SA agrees to use its best
reasonable efforts to provide HP with such functionality Enhancements
to the Program.
Amounts to be paid by HP to SA for these Enhancements to the Program
will not exceed of the then-existing rate SA charges its most favored
customers for similar works.
5.6 Obligation to update OEM products. Unless otherwise agreed in the
correspondent Annex, SA agrees to provide Enhancements to the OEM
Products as detailed in Annex A, within 6 months from the Launch of the
HP Printer for localized PS drivers, localized installers and color
calibration. Furthermore, SA agree to use its best efforts to update
the OEM Product as detailed in Annex A to be compatible with OS X,
pursuant to the OS X wording in Annex H.
6 PAYMENT
6.1 Payment. HP agrees to pay SA according to Annex B, unless otherwise set
forth herein.
(a) Milestone payments, if any, will be made within thirty (30)
days after acceptance by HP of the Deliverables associated
with such Milestone. In the event that a Milestone is missed
due to a delay caused by HP, half of the NRE due shall be paid
to SA on the original milestone date. The other half of the
NRE will be paid when the Milestone is achieved. In the event
that a Milestone is missed due to a delay caused by SA, HP
shall not make the payment of the NRE, until SA achieves the
Milestone.
(b) Per-unit license fees, if any, will be based on the number of
HP Printers using the Program that are sold, will be earned on
the date HP ships such HP Printer to its customer, and will be
paid quarterly within thirty (30) days after expiration of
each HP fiscal quarter. Payment of per-unit license fees shall
be accompanied by HP documentation in reasonable detail
identifying the number of units sold to each HP customer
during the quarterly period for which payment is due. No
license fee shall be due (i) for HP Printer units reasonably
used for development, training or demonstration purposes by
third parties, (ii) for HP internal use, or (iii) in the case
of shipments by HP to existing owners of HP Printers and the
Program, in order to upgrade, support or maintain the Program.
OEM SOFTWARE DEVELOPMENT AND LICENSE AGREEMENT No OM - 06/01
6.2 Audit. Upon fifteen (15) days prior written notice to HP, SA may, at
its own expense, appoint a nationally recognized independent auditor,
to whom HP has no reasonable objection, or designate SA's regularly
engaged certified public accounting firm, to audit and examine such
records at HP's offices during normal business hours, solely for the
purpose of confirming the accuracy of license payments hereunder. Such
audit may be made no more often than once every twelve (12) calendar
month period. In the event that an audit reveals an overpayment by HP,
SA agrees to promptly refund or credit HP for such overpaid amount. In
the event that such audit reveals an underpayment by HP, HP agrees to
pay for the audit and promptly pay SA the amount of such underpayment.
This right of audit will be subject to SA's auditor executing HP's
standard Confidential Disclosure Agreement.
6.3 Fee Warranty. SA warrants that the amounts payable hereunder by HP are
no greater than those for any other licensee for similar quantities of
those software programs on similar non-HP hardware that correspond to
the Program under this Agreement, and SA agrees to retroactively pass
on to HP the lowest rate or price it has given to any other licensee,
commencing effectively on the date it so grants the lower rate or price
to any other licensee.
6.4 Taxes. HP will be solely responsible for taxes on amounts paid to SA by
HP under this Agreement, including all state and local use, sales,
withholding, property (ad valorem) and similar taxes, but excluding any
taxes based upon SA's net income.
7 WARRANTY AND INTELLECTUAL PROPERTY PROTECTION
7.1 General Warranty. SA warrants that it has full power and authority to
grant HP the rights granted herein and that the Program and
accompanying Documentation will be free of any and all restrictions,
settlements, judgments or adverse claims.
7.2 Program Warranty. SA warrants that the Program referred to herein will
operate in accordance with and substantially conform to the
Documentation, manuals, any specifications provided or agreed to, and
any relevant data sheet or promotional literature provided by SA to HP.
Such warranty shall remain in effect for a period of ninety (90) days
from the Launch Date.
7.3 Encumbrances Warranty. SA warrants that the Program referred to herein
will be free and clear of all liens, encumbrances, restrictions, and
other claims against title or ownership, be free from any liability for
royalty payments owed to any third parties, and, to the best of SA's
actual knowledge, that the OEM Products delivered to HP will be free of
viruses.
7.4 No Infringement. SA warrants to HP that, to the extent of SA's actual
knowledge, the Program, alone or when use in combination with the HP
Printer accompanying Documentation, trademarks, copyrights and trade
names of SA referred to in this Agreement does not violate or infringe
any patent, copyright, trademark, trade secret or other proprietary
right of any third party and that SA is not aware of any facts upon
which such a claim for infringement could be based. SA will promptly
notify HP if it becomes aware of any claim or any facts upon which a
claim could be based.
7.5 Intellectual Property Protection.
(a) SA will, at HP's option, defend and hold harmless HP, and its
Subsidiaries, from any claim, suit, or proceeding alleging
that the Program, or any combination of the Program with an HP
Printer, or the Documentation, or any part thereof, or any
Printer provided as part of SA's support services furnished by
SA under this Agreement constitutes an infringement of any
third party's patent, copyright, trademark, trade name, other
proprietary right, or unauthorized trade secret use. SA agrees
to pay all damages and costs awarded with respect to such
claim or agreed to by SA in any settlement of that claim, up
to an amount not to exceed ) for each of the
Programs/Products annexed to this Agreement.
(b) In case any Program or Documentation or any part thereof in
such suit is held to constitute an infringement and its use is
enjoined, SA will, at its own expense and at its option (i)
procure for HP and its customers the right to continue use, or
(ii) if applicable, replace the same with a no infringing
program and documentation of equivalent function and
performance, or (iii) modify them so they become noninfringing
without detracting from function or performance.
(c) HP will give SA prompt notice of any such claim or action; and
will give SA the authority, information, and reasonable
assistance (at SA's expense) necessary to defend. If SA does
not diligently pursue resolution of the claim nor provide HP
with reasonable assurances that it will diligently pursue
OEM SOFTWARE DEVELOPMENT AND LICENSE AGREEMENT No OM - 06/01
resolution, then HP may, without in any way limiting its other
rights and remedies, defend the claim.
(d) Notwithstanding the foregoing, SA will have no responsibility
for claims arising solely and directly from (i) unauthorized
modifications of the Program made by HP if such claim would
not have arisen but for such modifications, or (ii)
unauthorized combination or use of the Program with Printers
not contemplated herein if such claim would not have arisen
but for such combination or use.
(e) SA shall have no liability for any claim arising solely and
directly from: (a) the sale or use of a superseded or altered
model or release of the Program is such infringement would be
avoided by the sale or use of a current or unaltered model
or release of the Program and such claim is based on the
Program which were sold by HP after a date agreed by both
parties; (b) the operation or use of any Program furnished
under this Agreement in a manner not contemplated by this
Agreement and not otherwise authorized in writing by an
authorized representative of SA; (c) the combination or use of
any Program with equipment, software or other material not
contemplated by the present Agreement and not authorized in
writing by an authorized representative of SA, if such
infringement would have not occurred but for such combination
or use; (d) any claim of infringement by the combination the
of the Program with the Hp Printer, if the Program alone would
not infringe and additionally the Program would not contribute
to such infringement.
(f) THIS SECTION 7.5 STATES THE ENTIRE LIABILITY OF SA AND HP WITH
RESPECT TO ANY CLAIM OF INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS BY THE PROGRAM OR DOCUMENTATION.
7.6 Epidemic Failure Warranty. In addition to the warranties specified
herein, SA warrants the Program against epidemic failures through the
fault of SA for a period of three years after HP's acceptance of the
Complete Copy of the Program. An epidemic failure means the occurrence
of a failure resulting in 70% of the Program user base expressing
intent to return the Program for refund. In the case of an epidemic
failure through SA's sole liability for a breach of the aforesaid
epidemic warrants SA shall reimburse HP for all reasonable
out-of-pocket costs incurred by HP in recalling, replacing, or
repairing the affected Programs in an amount not exceeding the amounts
paid by HP to SA under this Agreement. Epidemic failure related
reimbursements shall be made within forty-five (45) days after
receiving an itemized invoice therefore from HP with supporting
documentation in reasonable detail.
7.7 Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SA MAKES NO
OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE PROGRAM, THE
DELIVERABLES AND/OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY SA UNDER
THIS AGREEMENT, THEIR MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR
PURPOSE,
8 TERM AND TERMINATION
8.1 Term. Unless otherwise terminated earlier under this Section 8, the
initial term of this Agreement will be twelve months after the Launch
Date for the first HP Printer unit which use the Program (the "Term").
After the initial Term, this Agreement will be automatically extended
for up to four (4) additional six-month periods, unless terminated upon
60 days advance written notice by HP prior to expiration of the initial
Term or of any additional six-month periods. Notwithstanding, HP shall
have the right (and SA will be obligated in such regard) to extend this
Agreement for the whole manufacturing life of the HP Printer, provided,
however, such extension will not exceed two (2) years in the absence of
SA's written agreement to extend this Agreement for a longer period.
8.2 Termination for Breach. Either party may terminate this Agreement by
written notice to the other party if the other party breaches any
material provision of this Agreement and such breach is not cured
within thirty (30) days after written notice thereof is received by the
breaching party, or if such breach cannot be cured within such thirty
(30) day period, such longer period as may be necessary to cure the
breach provided the breaching party commences such cure within such
thirty (30) days and pursues such cure diligently to completion.
8.3 Cancellation of an HP Project. In case HP decides to cancel the
introduction of an HP Printer, HP may at its sole discretion terminate
this Agreement for the concerned Program by providing SA with thirty
(30) days prior written notice. Upon receipt of such notice, SA will
use its reasonable efforts to minimize the expenses to be incurred in
such thirty-day period. Upon termination of the Agreement, HP will
reimburse SA for the reasonable expenses actually incurred by SA under
this Agreement in connection with such Program.
8.4 Prior Termination. This Agreement may be terminated at any time upon
sixty (60) days prior written notice by either party if either party
files a voluntary petition in bankruptcy or under any similar
insolvency law, makes an assignment for the benefit of its creditors
become insolvent, or if any involuntary petition in bankruptcy or
OEM SOFTWARE DEVELOPMENT AND LICENSE AGREEMENT No OM - 06/01
under any similar insolvency laws is filed against it, or if a receiver
is appointed for, or a levy or attachment is made against substantially
all of its assets, and such involuntary petition is not dismissed or
such receiver or levy or attachment is not discharged within ninety
(90) days after the thing or appointment thereof.
8.5 Effect of Termination.
a) In the event of termination by HP due to material breach of SA
prior to delivery and acceptance of the Program to HP which
remains uncured after the applicable grace period:
SA shall within fifteen (15) days deliver to HP all
development work made prior to the effective date of such
termination, in object code only, and all HP property and
information in SA's possession relating to the Program. In the
event of such termination and contemporaneously with the
delivery, HP shall be relieved of all obligations to make
payments for any Deliverables that were not accepted by HP.
SA shall make available to HP all necessary object code
relating to the development work and any related compilers,
utilities, listings or other materials necessary for HP to
develop or have developed the Program, and will grant a
license to HP on the pre-existing Program under similar
license terms than the license described in Section 4.1.
b) In the event that HP terminates the Agreement due to a
material breach of SA after delivery and acceptance of the
Program which remains uncured after the applicable grace
period:
HP shall have the right to terminate this Agreement;
any licenses granted to SA by HP hereunder shall immediately
terminate;
SA shall immediately return to HP all HP property or
information then in possession of SA; HP will have the right
of license to use the Deliverables or the Program at least for
the period of time up to the end of the Term of the Agreement,
according to Clause 8.1; and
If HP elects not to terminate this Agreement, the rights and
licenses granted to and the obligations of HP under this
Agreement will survive so long as HP continues paying SA the
per-unit license fees agreed under this Agreement and provides
SA with at least thirty (30) days advance written notice of
HP's election to terminate this Agreement.
(c) Notwithstanding any termination of this Agreement, all
sublicenses granted to end users for use of the Program and
for which SA has been compensated under Section 6 of this
Agreement will survive.
8.6 Survival. Notwithstanding any termination of this Agreement, the
provisions of this Agreement regarding, payment, support, warranty,
indemnification, liability, confidentiality, effect of termination and
the miscellaneous provisions will survive for a period of two (2) years
from the termination date.
9 LIABILITY
9.1 Indemnity. Either party agrees, at its sole expense, to indemnify,
defend, and hold the other party, its agents, employees, successors and
assigns, harmless for, and forthwith reimburse such party, its agents,
employees, successors and assigns, for any loss, cost, damage or
expense (including reasonable and other reasonable costs of litigation)
up to the amount paid by HP to SA on the project in question (including
NREs and license fees during the term of the Agreement), arising from
the breach by the other party of any of its obligations under the terms
and provisions of this Agreement.
9.2 Force Majeure. Neither party shall be liable for any failure or delay
in its performance under this Agreement to the extent that such
performance is rendered impossible due to acts of God, acts of civil or
military authority, tires, floods, earthquakes or other similar
situations as far as:
(a) the force majeure situation (i) was not reasonably foreseeable
when the agreement was made, (ii) is beyond the control of the
non-performing party and (iii) is not caused by the negligence
or willful misconduct of such party, and
(b) the non-performing party (i) has taken all reasonable steps to
avoid or mitigate such situation and its consequences, (ii)
has not defaulted in performing the obligation before the
events occurs, (iii) makes all reasonable efforts to remedy
such delay in its performance, including but not limited to
actions under business recovery plan, (iv) gives the other
party immediate written notice of such actual or
OEM SOFTWARE DEVELOPMENT AND LICENSE AGREEMENT No OM - 06/01
the other party reasonably requires.
If performance is delayed for a continuous period of 1 month or it is
foreseen that performance for a continuous period of three (3) months,
the party to whom performance is owed may terminate in part or in full
this Agreement by written notice to the other party.
9.3 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS
EXPRESSLY PROVIDED OTHERWISE UNDER THIS AGREEMENT, NEITHER PARTY WILL
BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF THE OTHER (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS)
ARISING OUT OF ANY PERFORMANCE OF THIS AGREEMENT OR IN FURTHERANCE OF
THE PROVISIONS OR OBJECTIVES OF THIS AGREEMENT, REGARDLESS OF WHETHER
SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR ANY OTHER LEGAL
THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE ABOVE, SAID LIMITATION OF LIABILITY IN NO MANNER
REDUCES OR LIMITS SA'S OR HP'S LIABILITIES AND INDEMNITIES UNDER
SECTION 7.5 ABOVE OR THE PARTIES' OBLIGATIONS UNDER SECTION 10.3 OF
THIS AGREEMENT.
10 CONFIDENTIAL INFORMATION
10.1 The Program. The Program in object code form and related Documentation
provided to HP hereunder are deemed non-confidential, and HP is not
under any obligation to SA to restrict access to or use of such Program
in object code form or related Documentation, provided HP complies with
the terms of this Agreement.
10.2 Confidential Information. During the term of this Agreement, either
party may receive or have access to technical information, as well as
information about product plans and strategies, promotions, customers
and related non-technical business information which the disclosing
party considers to be confidential ("Confidential Information"). In the
event such information is disclosed, the parties shall first agree to
disclose and receive such information in confidence. If then disclosed,
the information shall (i) be marked as confidential at the time of
disclosure, or (ii) if disclosed orally but stated to be confidential,
be designated as confidential in a writing form by the disclosing party
summarizing the Confidential Information disclosed and sent to the
receiving party within a reasonable period of time after such oral
disclosure. Notwithstanding any provision to the contrary, all object
code provided by SA or HP to the other, and all business information
with respect to any unpublished SA or HP products, are deemed
Confidential Information for the purposes of this Section 10.
It is expressly agreed that at least the following information will be
deemed as HP Confidential Information for the purposes of this Section
10, whether identified in written as confidential or not:
o ERS (External Reference Specifications) documents
o Interface Specification: PCL3GUI and PJL interface,
compression/filtering, print modes description, color
calibration process, HP jetadmin
o HP Printer and related printing supplies development
and manufacturing plans (volumes, pricing strategy,
intro dates, features, etc), while not public
o HP formulation of color conversion (CMYK to CMY
conversion formula)
10.3 Protection of Confidential Information. The receiving party will
protect any such Confidential Information of the disclosing party from
unauthorized disclosure to third parties with the same degree of care
as the receiving party uses for its own similar information for a
period of five (5) years from the date of disclosure, unless otherwise
provided in this Agreement. The foregoing restriction will not apply to
any information which is (i) already known by the receiving party prior
to disclosure, (ii) independently developed by the receiving party
prior to or independent of the disclosure, (iii) publicly available,
(iv) rightfully received from a third party without a duty of
confidentiality, (v) disclosed under operation of law without
imposition of further confidentiality requirements of the recipient of
the Confidential Information, or (vi) disclosed by the receiving party
with the disclosing party's prior written approval.
11 MISCELLANEOUS CLAUSES
11.1 Cost, Schedule and Resources Deviation Review Process. HP and SA will
mutually agree on a review process that will be carried out on a
two-week basis by SA and that will identify the possible deviations in
the cost
OEM SOFTWARE DEVELOPMENT AND LICENSE AGREEMENT No OM - 06/01
schedule and in the allocation of resources for the project. In case
that this review process reveals any deviation that may affect any of
that three metrics of the project:
a) SA shall, within five (5) working days from the date of
termination of the review process, formally notify to HP the
cost estimate that the deviation may suppose to the whole
project, and will provide HP with a proposal to minimize that
formerly unexpected cost;
b) Both parties shall, within five (5) working days after the
formal notification to HP by SA, reach an agreement on the
impact and minimization of cost, based on SA notification
mentioned in a) above;
In case SA does not provide HP with the notification stated in this
section 11.1 a) on a two-week basis, HP will assume that no deviation
has taken place, neither in cost, nor in schedule, nor in allocation of
resources while carrying out any Development Work in previous two-week
period.
This review process shall be carried out in parallel and without
hindering or delaying any work within the project, which shouldn't be
impacted at all.
11.2 Publicity. SA and HP agree not to publicize or disclose the existence
or terms of this Agreement to any third party without the prior written
consent of the other party except as required by law, as expressly
permitted in this Agreement or, in the case of SA, as otherwise deemed
necessary by SA or HP in connection with disclosure to shareholders,
governmental or other regulatory organizations, and/or SA's
professionals, subcontractors or consultants. SA will not publicly
acknowledge that it is the source of the Program except as aforesaid.
In particular, no press releases shall be made without the mutual
written consent of each party. In order to minimize the risk of
unintentional disclosures of this Agreement by HP, HP will use its
reasonable efforts to inform its employees about the confidential
nature of this Agreement.
11.3 Notices. All notices to be given under this Agreement must be in
writing addressed to the receiving party's designated recipient
specified in Annex D. Notices are validly given upon the earlier of
confirmed receipt by the receiving party or three days after dispatch
by courier or certified mail, postage prepaid, properly addressed to
the receiving party. Notices may also be delivered by telefax and will
be validly given upon written confirmation of receipt. Either party may
change its address for purposes of notice by giving notice to the other
party in accordance with these provisions.
11.4 Annexes. Each Annexes attached to this Agreement is deemed a part of
this Agreement and incorporated herein wherever reference to it is
made.
11.5 Independent Contractors. The relationship of the parties established
under this Agreement is that of independent contractors and neither
party is a partner, employee, agent or joint venturer of or with the
other.
11.6 Assignment. Neither party may, directly or indirectly, in whole or in
part, neither by operation of law or otherwise, assign or transfer this
Agreement or delegate any of its obligations under this Agreement
without the other party's written consent. Any attempted assignment,
transfer or delegation without such prior written consent will be void.
Notwithstanding the foregoing, either party, or their permitted
successors, assignees or transferees, may assign or transfer this
Agreement or delegate any rights or obligations hereunder without
consent, but with at least thirty (30) days advance and written notice
to the other party: (1) to any entity controlled by, or under common
control with, the assigning party, or its permitted successive
assignees or transferees; or (2) in connection with a merger,
reorganization, transfer, sale of assets or product lines, or change of
control or ownership of the assigning party, or its permitted
successive assignees or transferees. No such assignment shall
constitute a release of the assigning party's obligations, duties and
responsibilities under this Agreement. In addition, SA shall have the
right to assign its rights to receive any payments from HP under this
Agreement, prior communication of at least thirty days (30) days to HP.
Without limiting the foregoing, this Agreement will be binding upon and
inure to the benefit of the parties and their permitted successors and
assigns.
11.7 No Waiver. The waiver of any term, condition, or provision of this
Agreement must be in writing and signed by an authorized representative
of the waiving party. Any such waiver will not be construed as a waiver
of any other term, condition, or provision except as provided in
writing, nor as a waiver of any subsequent breach of the same term,
condition, or provision.
11.8 Best Efforts Obligation. Except as expressly provided herein, HP may at
its sole discretion decide whether or not to use or distribute the
Program, as it deems appropriate. Nothing in this Agreement shall be
construed or interpreted as placing a "best effort" standard upon HP
with respect to the use and distribution of the Program.
11.9 Non-Restrictive Relationship. Nothing in this Agreement shall be
construed to preclude HP from independently developing, acquiring from
other third parties, distributing or marketing other products which
OEM SOFTWARE DEVELOPMENT AND LICENSE AGREEMENT No OM - 06/01
may perform the same or similar functions as the Program provided under
this Agreement.
11.10 Export Control. The parties agree to comply with all applicable United
States laws and regulations that may govern the export of Program
abroad, including the Export Administration Act of 1979, as amended,
any successor legislation, and the Export Administration Regulations
issued by the Department of Commerce.
11.11 Definition of Days. All references in this Agreement to "days" will,
unless otherwise specified herein, mean calendar days.
11.12 Headings. The Section headings used in this Agreement are for
convenience of reference only. They will not limit or extend the
meaning of any provision of this Agreement, and will not be relevant in
interpreting any provision of this Agreement.
11.13 Severability. If any provision in this Agreement is held invalid or
unenforceable by a body of competent jurisdiction, such provision will
be construed, limited or, if necessary, severed to the extent necessary
to eliminate such invalidity or unenforceability. The parties agree to
negotiate in good faith a valid, enforceable substitute provision that
most nearly effects the parties 'original intent in entering into this
Agreement or to provide an equitable adjustment in the event no such
provision can be added. The other provisions of this Agreement will
remain in full force and effect.
11.14 Marketing Authority. Subject to the terms and conditions contained in
this agreement, HP shall have the worldwide, non-transferable,
non-exclusive right to market the New HP Printer bundling the Program,
provided that such marketing is consistent with the terms of this
Agreement. Without limiting the generality of the foregoing sentence,
nothing in this Agreement will be construed or interpreted to place a
"best effort" obligation upon HP with respect to marketing the HP
printers and the Program or preclude HP from independently, developing,
purchasing, licensing or marketing any product which performs the same
or similar function of the Program.
11.15 Entire Agreement. Except as expressly provided for in this Agreement
neither party has, in executing this Agreement, relied upon any
representation or other statement made by the other party or the other
party's agents, representatives, employees, or attorneys. This
Agreement represents the entire agreement between the parties with
respect to its subject matter, and supersedes all prior communications,
understandings, or agreements, whether oral or written. For purposes of
construction, this Agreement will be deemed to have been drafted by
both parties. No modification of this Agreement will be binding on
either party unless in writing and signed by an authorized
representative of each party.
11.16 Governing Law. This Agreement will be governed in all respects by the
laws of the State of New York without reference to any choice of laws
or provisions.
11.17 Counterparts. This Agreement may be executed in counterparts, each of
which will be deemed an original.
Agreed:
HEWLETT-PACKARD COMPANY Scanvec Amiable, Inc.
By: /s/ Merce Barcons Vilardell By: /s/ Xxxxx Xxxxx
--------------------------------- ----------------------------------
Print Name: Merce Barcons Vilardell Print Name: Xxxxx Xxxxx
Title: Controller Title: President
OEM SOFTWARE DEVELOPMENT AND LICENSE AGREEMENT No OM - 06/01
Annexes
-------
Annex A--Description of Program and Specifications
Annex B--Pricing
Annex C--Software License Terms
Annex D--Program Management and Changes.
Annex E--Schedule
Annex F--Training, Support and Maintenance
Annex G--Quality Plan
Annex H--Mac OS X native PENDING
[HP LOGO]
invent
Annex A
HP Software Front End (FE)
External Reference Specification
Version 2.9
HP InkJet Commercial Division
HP SW RIP External Reference Specification [hp logo]
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Table of contents
l. Introduction ................................................................... 11
1.1 PURPOSE .................................................................... 11
2. References ..................................................................... 11
3. Product release process: HP SW RIP product line ................................ 12
4. Product Overview & Target Markets .............................................. 14
5. HP Printer platform Description ................................................ 14
6. Deliverables ................................................................... 15
6.1. AT DEVELOPMENT ............................................................ 15
6.2. AT INTRODUCTION ........................................................... 15
7. HP SW RIP architecture ......................................................... 16
7.1. RIP SERVER ................................................................ 18
7.2. RIP CLIENT ................................................................ 19
7.3. WEB USER INTERFACE ........................................................ 19
7.4. HP COLOR PIPELINE AND HALFTONING SUPPORT .................................. 19
8. User platforms coverage ........................................................ 20
8.1. SUPPORTED OPERATING SYSTEM PLATFORMS ...................................... 20
8.2. POSTSCRIPT DRIVERS ........................................................ 20
8.3. WORLD WIDE SUPPORT ........................................................ 20
9. Hardware Requirements (minimum) ................................................ 21
10. Use cases ...................................................................... 21
10.1. FIRST TIME INSTALLATION .................................................. 21
10.2. SW RIP VERSION AND FUNCTIONALITY UPGRADES ................................ 22
10.3. UNINSTALLATION ........................................................... 22
10.4. PRINTING FROM GRAPHIC DESIGN APPLICATION: PRINTER SPOOLER ................ 22
10.5. PRINTING BY USING THE "LOAD FILE" OPTION FROM THE RIP GUI ................ 22
10.6. PRINTING BY COPYING A JOB FILE TO RIP INPUT HOT FOLDER ................... 23
10.7. PRINTING BY DRAG-AND-DROP FILE TO RIP USER INTERFACE WINDOW .............. 23
10.8. AUTOMATIC COLOR CALIBRATION ALSO CALLED CLOSE LOOP COLOR) ................ 23
10.9. ADD NEW MEDIAS ........................................................... 25
10.10. GETTING SW RIP SERVICE PACKS THROUGH WEB ................................ 25
10.11. HP REGISTRATION ......................................................... 25
10.12. MAINTENANCE/TROUBLESHOOTING OPERATIONS .................................. 25
11. Remote Proofing (RP) requirements .............................................. 26
11.1. ARCHITECTURE DESCRIPTION ................................................. 26
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11.2. JOB PROCESSING LIFECYCLE ................................................ 28
11.3. USE CASES ................................................................ 29
11.3.1. Install/uninstall ................................................ 29
11.3.2. User is proofing ................................................. 29
11.4. JOB TICKET FORMAT (SIMPLIFIED) ........................................... 30
11.5. COLOR MANAGEMENT PROCESSING .............................................. 33
11.6. PDF/PROOF JOB SETTINGS ................................................... 34
11.7. GRAPHICAL INTERFACE FUNCTIONALITY ........................................ 34
12. SW RIP common features ......................................................... 35
12.1. SUPPORTED FILE FORMATS FOR JOB FILES ..................................... 35
12.2. SW RIP QUEUE MANAGEMENT .................................................. 35
12.2.1. Render-while-printing ............................................ 35
12.3. CONNECTIVITY.............................................................. 36
12.4. COLOR MANAGEMENT ......................................................... 36
12.4.1. Pantone emulation tables integration:............................. 36
12.4.2. Press ink emulation .............................................. 36
12.4.3. RGB emulations ................................................... 36
12.4.4. Capability for user adding new input ICC profiles................. 36
12.4.5. Apple Colorsync profiles compatibility ........................... 36
12.4.6. Built-in ICC output profiles ..................................... 36
12.4.7. Easy Pantone algorithm integration (provided by HP)............... 37
12.4.8. Automatic Black Replacement ABR................................... 37
12.5. PRINT MANAGEMENT ......................................................... 37
12.5.1. Media source selection ........................................... 37
12.5.2. Media type selection ............................................. 37
12.5.3. Print quality selection .......................................... 37
12.5.4. Multiple copies .................................................. 37
12.5.5. Job Preview ...................................................... 37
12.6. LAYOUT MANAGEMENT ........................................................ 38
12.6.1. Portrait and Landscape ........................................... 38
12.6.2. Resizing and scaling ............................................. 38
12.6.3. Grayscale ........................................................ 38
12.6.4. Mirror............................................................ 38
12.6.5. Rotation ......................................................... 38
12.6.6. Custom page size ................................................. 38
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12.7. FONT SUPPORT ............................................................. 38
12.7.1. Roman PS fonts ................................................... 38
12.7.2. Double-byte PS fonts ............................................. 38
12.7.3. OpenType Fonts ................................................... 39
12.7.4. TrueType Fonts ................................................... 39
12.7.5. Fonts Substitution tool .......................................... 39
13. SW RIP metrics ................................................................. 40
13.1. PRINT TEST SUITE ......................................................... 40
13.2. THROUGHPUT REQUIREMENTS................................................... 40
13.3. COLOR PERFORMANCE GOALS .................................................. 41
13.3.1. Color Accuracy vs. Target ........................................ 42
13.3.2 Color Consistency ................................................ 42
14. Licensing restrictions ......................................................... 42
14.1. DEVICE MODEL CHECK LICENSING ............................................. 42
14.2. JAPANESE FONTS LICENSING ................................................. 43
15. HP products compatibility ...................................................... 43
16. Summary of HP SW RIP requirements .............................................. 44
17. Eiffel GA printer device dependent features .................................... 47
17.1. HP EIFFEL B PRINTER PLATFORM DESCRIPTION ................................. 47
17.2. DITHERING METHODS ........................................................ 47
17.3. PRINT QUALITY OPTIONS .................................................... 47
17.4. RESOLUTIONS .............................................................. 48
17.5. PRINTER DATA FORMAT ...................................................... 48
17.6. MEDIA SIZES .............................................................. 48
17.7. MEDIA TYPE. .............................................................. 49
17.8. AUTOMATIC DUPLEX PRINTING ................................................ 49
18. Eiffel GA Remote Proofing (RP) release: specific requirements .................. 49
18.1. UPGRADE PROCESS FROM EIFFEL GA TO RP ..................................... 50
18.2. MULTIPLES COPIES WITH THE DUPLEXER ....................................... 50
18.3. MULTI-PAGE JOB: ALLOW CENTER OPTION FROM THE SW RIP ...................... 50
18.4. CENTER OPTION FROM THE SW RIP WILL CENTER THE JOB IN THE PRINTABLE
AREA, BUT SHOULD DO IT IN THE MEDIA AREA ................................. 51
18.5. INSTALL PROCESS IMPROVEMENTS ............................................. 51
18.6. ISSUE 750: CLEAN UNINSTALL PROCESS ....................................... 52
18.7. DOUBLE-BYTE XML PARSER SUPPORT ........................................... 53
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18.8. OUTPUT PROFILES IS GRAYED OUT WHEN PERFRM COLOR CORRECTION IS OFF 53
18.9. ISSUE 1701: CUSTOM PAGE SIZES ........................................... 53
18.10. IMPROVE MULTI-PAGE JOB PROCESSING NOTIFICATION .......................... 54
18.11. IMPROVE LOG ERROR NOTIFICATION MESSAGES
TO STORE IN LOG FILE AND SEND TO THE RP ENGINE .......................... 54
19. HP ownership and Intelectual Property........................................... 55
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1. Introduction
1.1. Purpose
This document is describing the HP PostScript RIP (Raster Image Processor)
solution requirements based in:
o A host based RIP software
o HP graphics printer
In this document we will refer to the HP SW RIP as the HP Front End (FE), too,
because from the user point of view the SW RIP is providing the interface for
the HP users.
We will use this specification to communicate Hewlett Packard Inkjet Commercial
Division (HP) requirements for the future SW RIP developments so that:
o A third party company can understand HP needs and based on that make the
corresponding proposal, including resources, schedule, financials, support
and maintenance information
o QA test process can be defined and documented
o Product support requirements can be defined and documented
This document will be focused on the functional requirements rather than the
design implementation details or requirements for the processes that will be
used to develop the product, although some of them them will be included here
in order to be more specific on some areas. References to other technical
implementation documents will be provided here when needed.
2. References
The following HP documents are providing additional information on the
implementation of the features described along this document:
[ 1 ] Remote Proofing Data Exchange Format Specification
[ 2 ] HP Software Front End and Remote Proofing interface: Internal
Specification Reference
[ 3 ] API for HP Halftoning Library
[ 4 ] Eiffel Varware Plus Programming
[ 5 ] Eiffel Closed Loop Color Calibration
[ 6 ] Eiffel PCL3GUI - Language specification and references
[ 7 ] Eiffel Color Pipeline Description
[ 8 ] Krikkit-II ERS: Troubleshooting tool for the Eiffel Printer.
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[ 9 ] Euler PCL3GUI PJL interface
[ 10 ] Euler Writing System description
[ 11 ] Xxxxx XX Documentation on Manual Duplex Feature
[ 12 ] XML notification format: schema and XML example
Some of the information contained in the above documents is protected as HP
Intellectual Property.
3. Product release process: HP SW RIP product line
The implementation of the solution should be done in a way that it's very easy
to extend the solution to cover future HP printers by adding the new
functionality of the "base" version without re-implementing the core solution.
This approach will make possible the implementation of a "product line" of HP SW
RIP products that will reuse the common source code modules of previous
products, and it only will change the "specific driver" module needed to support
the new HP printer device:
----------------------------------------------------------------------------------------------------
BEFORE NOW
SW RIP SW RIP Common modules
customized to customized to (common functionality)
support support
device 1 device 2 ----> Optional functionality for all the devices
functionality (backward compatible)
HP printer HP printer
device 1 device 2
(Specific (Specific
functionality) functionality)
----------------------------------------------------------------------------------------------------
We are moving from a monolithic approach to a more modular and flexible one.
This is a radical change in the way we have to develop the new SW RIP versions
because:
o There will be a "core" common RIP component that will be evolving
by adding features that will be available for every HP printer
device (previous or new)
o The previous version of the RIP will support the addition of
new HP printer devices, and will keep the support of the new
functionality on previous ones
That's why we will organize specification documents in those different sections:
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o Common requirements description: containing the features that
will be supported for every HP printer device (Common SW RIP
component)
o Specific requirements for each different HP device platform
o HP SW RIP roadmap: features and devices
So, a new version of this document will be delivered every time that we should
describe a future HP SW RIP release requiring:
o Support an additional HP device, or
o A common feature should be delivered for all the HP devices
supported at that moment.
Based on this version of the document we will define the schedule (roadmap) for
next SW RIP releases so that new versions will be developed in an incremental
way.
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4. Product Overview & Target Markets
Every HP RIP solution consists of a RIP software version bundled with an HP
specific printer.
The product will be affordable, easy to use, provide high image quality, and be
plug and play.
The RIP looks and acts like a printer driver but with many of the capabilities
that can be found only in a full-featured RIP. This driver RIP, using standard
Macintosh and Windows user interfaces, gives customers an easy to use product
with very simple installation and set up. This RIP is as easy to use as
selecting 'Print' from your favorite software application. It is key factor that
the workflow when using this driver like RIP is the same as with an embedded PS
printer.
All of this will be available as a localized solution in English, French,
Italian, German, Spanish, Japanese, Korean, Simplified Chinese, and Traditional
Chinese (EFISG + JCTK).
Key Product Attributes
The Basic SW RIP solution must deliver on all of the following:
Accurate color
IQ leadership
Throughput
Ease of use
Robustness
Smooth integration into Graphic Design and/or proofing workflows
Target markets
5. HP printer platform Description
The HP printer platform can be described as:
o Wide/Large format printer: B or larger size
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o Internal Color calibration device
o Languages: PCL3GUI embedded interpreter
o Connectivity specs
o EIO slots for network cards
o USB and parallel
o TCPI/IP, AppleTalk
6. Deliverables
HP expects to receive from the 3rd party a functional software solution that
will meet or exceed the specifications described through this document. This
includes the following components:
6.1. At development
1. Standard Project documentation: the contractor will deliver standard
project documentation (project plan, quality and test plans and
schedule) as well as other documentation that might help synchronizing
the development (User Interface specifications,)
2. Intermediate Program releases: alpha and beta releases, before the
final Gold Master release, will be delivered, with documentation
describing the included functionality, limitations and code changes
between them (release notes).
3. Defect tracking information will be exchanged between HP and the
contractor in the development phase. HP will use the HP internal
system, and the appropriate data format template, suitable for the
contractor, will be defined.
4. Beta software and documentation: for evaluation purposes, to be
installed at customer selected sites.
5. Training Plan: for HP Technical support and HP "product experts" at
Customer Care Centers (CCC)
6.2. At Introduction
1. Host-based SW RIP in CD-ROM and WEB packs for Mac & Win: It will meet
the functionality specs when installed in all the supported Operating
Systems, worldwide. The distribution in different packages (CDs or WEB
packs) depending upon the final software size.
2. Localized Installer: The SW RIP could be split in several packages
(CDs or WEB), based on geographical regions and the room needed for
each SW RIP version. A user-friendly setup process is mandatory, so
that the user could install the software rebooting only once and
having as less interactivity with the installer as possible.
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3. Pantone tables files: provided by HP, and integrated in the SW RIP
pack by the third party. To be distributed to the final user by CD or
WEB.
4. Other components required for installation: These will include
PostScript drivers, and other OS required services and/or tools. To be
distributed by CD or WEB.
5. User Manuals (localized): These documents should cover the User's
Guide, Network installation, Color calibration. HP will provide the
localization of the documentation, by using the English version
provided by S-A.
6. On line Help
The on-line help will be accessible from a button located in the RIP
UI. The Help will be context sensitive and will be localized to the
supported languages. We could have local files, but also reference to
WEB help.
7. Readme file: Last minute changes, application notes, known
limitations, not necessarily localized. Up-to-date future versions
will be distributed by WEB, too.
8. Software License. HP will provide the text file for the licensing
9. Artwork for the CD, Sleeve with HP logo, etc. Provided by HP.
HP will decide on the strategy to follow in order to manufacture the software
RIP.
7. HP SW RIP architecture
The "pure" HP SW RIP Solution (I mean, without Remote Proofing, Maintenance
tool, ... that will be described later) will be based on the following
components:
o RIP server, running in a host machine, acting as the controller of the HP
printer device
o RIP client: PS drivers + PPD, in the PC and Mac workstations
o The necessary mechanisms to access to the RIP server from the client
workstations:
o Remote printer queue
o WEB GUI
According to the client/server architecture, there are 2 different possible
configurations:
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HP SW RIP printing pipeline overview for Standalone configuration
RIP server computer: the application and
the RIP software run on the same computer
-----------
Graphics
application
-----------
|
Printing and app. file format (no PDF)
|
-----------------
Print spooler: PS
driver + PPD
-----------------
|
PS file format
|
-------
RIP hot
folder
-------
|
SW RIP Engine
|
----------------------
| |
--------- ---------
HP device HP device
driver 1 driver 2
--------- ---------
| |
-----------------------------
IO driver
-----------------------------
|
----------------------
| |
------- -------
Graphic Graphic
------- -------
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HP SW RIP printing pipeline overview for Client/Server configuration
Client workstations:
communicates to the RIP Server
computer through the network
-----------
Graphics
application
-----------
|
Printing and app. file format (no PDF)
|
-----------------
Print spooler: PS
driver + PPD
-----------------
|
PS file format Network: TCP/IP or AppleTalk
|
------------- RIP Server computer:
Print spooler receives requests from
------------- client workstations
|
-------
RIP hot
folder
-------
|
SW RIP Engine
|
----------------------
| |
--------- ---------
HP device HP device
driver 1 driver 2
--------- ---------
| |
-----------------------------
IO driver
-----------------------------
|
----------------------
| |
------- -------
Graphic Graphic
------- -------
7.1. RIP Server
The RIP server will act as a Printer server, accepting jobs to be printed from
several sources. It will also control the communications with the HP printer
device.
It won't be necessary to explicitly launch the RIP (automatic launch at power up
time or when a job is submitted for Ripping).
The RIP server will be accessible from all the workstations connected in the
network. If the network is supporting different protocols (AppleTalk, TCP/IP),
the RIP will be able to accept print jobs coming from any of them. This would
allow different platforms to coexist (e.g. WinNT print server in a network of
Mac clients).
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It can be acceptable that mixed configurations are limited to a Window
NT/2000 server running in an AppleTalk LAN: if the user installs the MAC
services on WNT4.0 or W2000 server he will be able to export the hot folder so
that the MAC SW RIP client will be able to print to FILE in the exported hot
folder, then, the RIP server will get the file from the hot folder and will
print it
The user will be able to print jobs from the client workstation and the RIP
server.
7.2. RIP client
All the workstations connected to the network will be able to send jobs to the
RIP server through the RIP client software.
Macintosh workstations connected to the network will print jobs by using a RIP
shared printer from the MAC Chooser. The Chooser will provide services for both
the AppleTalk protocol and TCP/IP.
Windows workstations connected to the network will use TCP/IP protocol.
A RIP server will be able to manage job submits from different workstations
using different protocols at once.
7.3. WEB user interface
The HP SW RIP will use a WEB based user interface that will make possible:
o Flexibility to include links to other HP WEB based components
(eServices, maintenance tool,)
o The SW RIP UI will be accessible from client workstations
o Reduce the development cycle in terms of reusing the same interface
for the different operating systems
To make possible this implementation we will have:
o A WEB server running in the RIP server machine. This WEB server will
be installed with the RIP software
o A modular architecture separating RIP UI from RIP processor through a
well documented API is needed
o We will require TCP/IP setup on client and server machines
The detailed layout of the WEB UI panels, menus and options will be specified in
a separate document. At least we should cover the same functionality that it's
provided in the Eiffel GA application-based user interface.
7.4. HP Color Pipeline and Halftoning Support
The RIP printing pipeline converts, through a long series of steps, the input
files into data that may be sent to the print engine. To optimize the inkjet
output, part of this pipeline consists of an HP library incorporated into the
Front End. The HP
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library will process the job data just after it has been ripped into CMYK
contone data, performing the following:
o Conversion from 4 to six colors.
o Ink limiting.
o Color linarization
o Halftoning.
The integration of this library (provided by HP in form of a DLL file for
Windows, and a similar format for MAC) is described in detail in the document
"API for the HP Imaging Library". Additional documentation will describe the
external resources required by the library, stored in the File System of the
server, and the meaning of each field of the file contents.
8. User platforms coverage
8.1. Supported operating system platforms
o Macintosh support for Mac OS 8.6, 9.X
o MAC OS X classic mode, all the latest versions existing in the market
o Windows 98, ME (Millennium), NT4.0 and 2000 support
o Support for next MS Windows XP.
8.2. PostScript drivers
o Adobe PS8.7 or LaserWriter for Macintosh (EFGISJKCT)
o Adobe PS4.4 for Windows 95/98 (EFGISJKCT)
o Adobe PS5.2 for WinNT4.0 (EFIGSJKCT)
o Microsoft Pscript for W2000 (EFIGSJKCT) and XP
8.3. World wide support
The solution should ensure a WW supported RIP. In order to achieve this
objective, the following localizations shall be provided:
o English
o French
o Italian
o German
o Spanish
o Portuguese
o Japanese
o Simplified Chinese
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o Traditional Chinese (Taiwan)
o Korean
Too, it's required that the English version of the software RIP can work without
problems on the following additional Operating system localizations:
o Holland
o Portuguese
o Swedish, Norwegian, Finish, Danish
o Hebrew
o Arabian
9. Hardware Requirements (minimum)
--------------------
Minimum requirements
--------------------
Windows 98
Pentium III processor
400MHz
128MB RAM
2GB min disk Space
--------------------
Mac G3
128MB RAM
2GB min disk space
--------------------
The recommended hardware requirements will be fine tuned for each SW RIP
solution.
10. Use cases
In this section we describe the user scenarios for the main SW RIP
functionality.
10.1. First time installation
The CD ROMs will use an autorun mechanism to automatically "boot up" when the CD
is inserted in the CD drive. If autorun is not supported the user will start the
installation by launching a setup application located at the root level of the
CD.
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The start-up screen gives the user the option to select one of the supported
languages. Once a language has been selected all other dialog box selections,
prompts, and user help will be in that same language.
Then, the installer software will show the different pieces of software that can
be installed:
o SW RIP, 2 options:
o Client installation
o RIP server installation: this option will install also the HP Remote
Proofing engine files when required
o HP maintenance tool (Developed by HP, so, we are the owners)
o HP registration: will be run automatically at installation time
10.2. SW RIP version and functionality upgrades
The user will be able to upgrade from the "Client workstation" setup to install
the "RIP server" later without requiring any previous uninstallation step.
Too, it will be possible to upgrade the current SW RIP version to include new HP
printer devices support, and additional functionality (for instance, tiling
support), without requiring a complete installation.
If, at installation time, it's detected an older version of some previously
installed software, the installer shall be able to propose the upgrade to the
new version to the user.
10.3. Uninstallation
It shall be provided a tool to uninstall all the components of the software RIP
for each supported operating system.
10.4. Printing from graphic design application: printer spooler
A spooler is a logical PS printer queue, which it's configured according to the
PS driver and PPD (PS Printer Description) file.
This architecture will provide a printer driver-like solution, from the client
perspective, in such a way that users can print just by selecting "print" in the
graphic application.
If there is a conflict between the settings defined in the client driver and the
default settings defined in the RIP server, the client settings will be used.
E.g. the user selects best quality while in the server defaults, the quality is
set to normal. The server settings will be used only when a setting is not
specified in the incoming job file.
10.5. Printing by using the "Load file" option from the RIP GUI
The user will click on the "Load file" ("Submit new job") option from the RIP
GUI, and will select the file to print by using a file browser.
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10.6. Printing by copying a job file to RIP input Hot Folder
The RIP will also "watch" a specific file folder so that every file copied into
this Hot Folder will be automatically processed.
The job files copied to this folder will be processed according to user
settings: hold, Ripped or printed.
This mechanism allows the client workstations to generate jobs that need to be
printed without the need of having the RIP up and running: they can print from
the applications by using "Print to File", and save the file in the designated
hot folder.
This can be done only from:
o RIP server computer
o Client workstations accessing to shared Hot Folder, when the Hot
Folder is made available trough the local network
10.7. Printing by Drag-and-Drop file to RIP user interface window
The user will be able to print by dragging and dropping directly to the RIP
management window.
This can be done only from the RIP server computer (standalone scenario).
10.8. Automatic Color calibration (also called Close Loop Color)
HP Intellectual Property (we have some patents on this), we provide the
implementation instructions to Scanvec Amiable.
To guarantee color accuracy and consistency, a color calibration mechanism will
be implemented in the SW RIP whenever the printer device is able to support it.
This Close Loop Color functionality will require also the right support in the
HP printer device:
o Built-in color density measurement device
o Bi-directional communication between RIP and printer
o API to provide data back to the printer (Varware+)
The calibration process, which shall be supported by the SW RIP, consists on the
following steps (just general mechanism, HP will provide a more detailed
specification of the calibration process):
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USER (UI) RIP EIFFEL
Launching
-------------------} | | |
| | VW: Start GLC |
{------------------ | | -------------------} |-|
Initialization | | | |
| | Time drv | |
| | {------------------- |_|
| | |
| | |_
| | | |
Printing | | PLC: CLC pattern | |
{------------------ | | -------------------} | | -}|-|
| | | | | |
| | | | | |
| | Receiving | | | |
| | | | | |
| | | | | |
| | | | | | Printing
| | | | | |
| | | | | |
Finishing | | {------------------ |_| | |
printing | | | | |
| | | | |
| | VW: SRST |_ | |
{------------------ | | -------------------} | | | |
| | | | | |
Dry time info | | Time Scan | |{-}|_|
{------------------ | | {------------------- | |
| | |_|
| | |
| | |-|
| | | | Drying
| | |_|
| | |
| | |
Scan time info | | VW: STXF |-|
{------------------ | | {------------------} | |
| | | |
| | VW:QCLC Ret{}3 | |
| | {------------------} | | Scanning
| | | |
| | | |
| | VW:QCLC Ret{}3 | |
| | {------------------} |_|
The color calibration values will be stored in the RIP server; no data is saved
in the client workstation.
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10.9. Add new medias
In addition to giving the option to add a user-generated profile, we would also
add a generic menu option for "Other Glossy" or "Other Coated", etc media class.
HP would then provide a special set of resources for each media class which
would apply a generic set of printmodes and separation functions but would apply
very conservative ink limits, but optimized for the "class" of media in use.
This would give the user potentially lower color gamut, but lower risk of head
crashes for an unknown media.
The user would: still be required to pick up from a list to select the
appropriate ICC profile to apply for the "Other..." media to use.
10.10. Getting SW RIP service packs through WEB
During the life of this product there will be some distribution of patches that
will require the distribution of new files that should be copied to some RIP
folder, in the way of "service packs". The SW RIP should provide support to this
maintenance tasks.
For instance, if we have to distribute a new dll file to 20 users that are using
the SW RIP 1.0:
o S-A will create an patchl.exe file containing the file and the commands
needed to install in the right directory
o HP will publish this file in the HP technical support WEB site
o The user will download the file and will run it so:
o The modification will be stored in the local "upgrade log" file, so
that the version history can be consulted lately
o The file will be automatically copied to the right folder
In order to make easier the access to the new "service packs" the SW RIP will
have an additional option in the Help Menu that will launch the standard WEB
browser with the right HP WEB LTRL address (to be provided by HP).
10.11. HP Registration
The user will be able to launch the HP registration tool from:
o The SW RIP installer
o The SW RIP GUI main menu.
At that time the SW RIP will run the default WEB browser by using the HP
provided URL address.
10.12. Maintenance/troubleshooting operations
Certain maintenance functions will be accessible from the RIP user interface:
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o Print log file containing information for the user about jobs
started/finished, problems descriptions,)
o Our goal will be to have a link to an external tool that will
implement the different maintenance services. HP will provide the
external tool and the command to launch it for PC and MAC. The RIP
will launch the tool from an option in the Help Menu of the main SW
RIP window.
If the user didn't install the Maintenance tool you should prompt a dialog box
explaining that the tool is not available, but the user can install it from the
SW RIP CD or the HP WEB site.
11. Remote Proofing (RP) requirements
In this section we are going to describe a set of common requirements to be
provided in the HP SW RIP so that it's supporting the HP Remote Proofing (RP)
functionality.
Instead of merging those requirements in the rest of the sections we are putting
all the information in a separate section to have a complete and integrated view
of all the new remote proofing functionality and required changes.
11.1. Architecture description
When talking about RP requirements we say that the RIP will act as a "Front End
(FE)", so in this section we will use this term instead of the usual RIP one.
In the Remote Proofing (RP, in short) service, the Front Ends (FE) can act as
two different actors:
o Front End as a consumer of Remote Proofs: in this role, the Front End
prints proofs.
o Front End as a producer of Remote Proofs: in this role, the Front End
generates the proof file that is going to be proofed.
o The proof file must follow the Remote Proof Data Exchange Format
Specification.
The FE (SW RIP) described in this specification will work ONLY as a consumer of
proof jobs.
The FE communicates with a local application that it's installed at the same
time (so, it's always available). We call this application the HP Remote
Proofing (RP) engine.
In the picture below you can see the different components in the system, and the
interfaces among them.
The FE can receive files through the input hot folder from the PS driver
(regular path) or from the remote proofing service (remote proofing path).
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--------------
Graphic design --------
application \ Internet
-------------- \ TIFF, JPEG,... --------
\ |
App file | \ |
--------- \ ----------------------------
PS driver \ HP RP engine
--------- \ (with UI)
\ \ ----------------------------
PS \ \ / |
\ \ / |
\ \ / JDF file with a |
\ \ / reference to a |
\ \ / PDF job file |
----------------------------------------- |
Input Hot |
Folder |
-----------------------------------------
|
|
-----------------------------------------
FE engine -----------------
(no RP UI) -------------- Output Hot folder
----------------------------------------- XML -----------------
| notifications
| (job status)
|
|
-----------------------------------------
Printer/Proofer
-----------------------------------------
The interfaces between the HP RP engine and the FE server are:
o The RP-to-FE Input Hot Folder for reception of JDF job files.
The format of these files is defined in the document: "HP Remote Proofing
Data Exchange Format Specification".
o The FE-to-RP Output Hot Folder for notifications from the FE engine to the
HP RP engine.
This Hot Folder will consist of a queue of events (Remote Proofing Events
from now on), each one being an XML file defined in a section below.
The interface definition should be protected as part of the HP Intellectual
Property (some patents are pending).
Next we are going to describe the additional functionality that should be
implemented for the HP Front End in term of use cases.
IMPORTANT: in order to simplify the implementation the user will not be able to
change the location of neither the "Input Hot Folder" nor the "Output Hot
Folder".
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1.2. Job processing lifecycle
Below you can see a description of the different job status values and
the transitions between them. Each time the job is changing the status in one of
the transitions there will be a notification of that change to the RP engine.
------------------------
X
------------------------
Important:
o The RP engine will send the remote proofs in a sequential way. No new
proof file is going to be put in the FE input queue until the previous
one is finished before
o In case of errors or events requiring user interaction, the FE engine
will delete the job; it will never maintain it in hold status. As a
consequence, every time that the RIP is launched it will continue the
processing of any proof job that could be locked in the RIP queue
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o If the RIP engine is sending the same notification several times to
the RP engine there is no problem at all, because the job status
information will be reported to the user with the correct value anyway
11.3. Use cases
11.3.1. Install/uninstall
In addition to the installation requirements of the common SW RIP we will need
to include:
1. Automatic installation/uninstallation of the HP RP engine in the FE server.
The HP RP engine will include the installation of the WEB server.
2. On-line HP WEB registration
In case the user has got the previous version of the SW RIP we would like to
have an installation option to upgrade to the new one so that the user doesn't
have to uninstall the previous version. This upgrade pack should be small enough
to make possible a WEB distribution.
In order to make possible the link between FE and RP engine, the FE installation
will involve the creation of a common resource defining the Input/Output Hot
Folder names:
o On Windows: 2 registry keys
o On MAC: a preference file to be stored in the "Preferences" folder.
The uninstallation of the FE will also delete the objects of the RP engine.
11.3.2. User is proofing
The FE will provide support to implement the following workflow:
1. The "HP RP engine" is going to download proofing jobs (one JDF file
each) in the FE input hot folder.
2. The FE will automatically detect the new JDF file in the input hot
folder as soon as the file is completely downloaded
3. The FE will parse the JDF (job ticket) file to extract the PDF file
path
4. The FE will load the PDF file as the next job to print
The FE will parse the JDF (job ticket) file, in order to
extract the setting options to apply when processing/printing
the job. Look at next section for a complete description of
the job ticket settings and behavior.
5. Process the PDF file for color management according to the
instructions in the "Color management processing" section below.
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6. The PDF file will be ripped according to the right job ticket
settings. Notify to the RP engine: OK or error.
7. Print the first job page
8. Repeat steps 10 for each page
9. If the job was printed without problems, too, the FE will notify the
event to the RP engine.
As you can see from the description above, an event notification consists of
that the FE will copy an XML file to the Output Hot Folder so that the RP engine
will be able to read them an update the status information about this job.
11.4. Job ticket format (simplified)
Job ticket settings:
These are the settings that will be included in the job ticket
o JobID: will always be present in the ticket
o Minimum media dimensions (in points, millimeters or inches, whatever
is easier to handle by Amiable): will always be present in the ticket
o Print quality (draft, normal, best, premium): will always be present
in the ticket
o Media type (internal name of media type): will always be present in
the ticket
o Settings policy (override/cheek/rip): will always be present in the
ticket
o Perform color correction (true/false): will always be present in the
ticket
o Pantone Emulation (true/false): will always be present in the ticket
o CMYK input profile (absolute path to a file containing it): this
setting will only be present in the ticket if "Perform color
correction" is true.
o RGB input profile (absolute path to a file containing it): this
setting will only be present in the ticket if "Perform color
correction" is true
o Output profile (?) (Absolute path to a file containing it or
"automatic"): will always be present in the ticket
o PDF file (absolute path): will always be present in the ticket
o Result file (absolute path of the file where the output result should
be written): will always be present in the ticket
//SimpleJobTicket
JobID="JobId00256"
//PrinterSettings
MediaWidth="8.0"
MediaHeight="11.0"
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MediaType="Proofing"
PrintQuality="best"
Policy="check"
//ColorManagement
ColorCorrection="true"
CMYKInputProfile="C:\Program
Files\RemoteProofing\Data\CMYKInput.icc"
RGBInputProfile="C:\ProgramFiles\RemoteProofing\Data\RGBInput.icc"
OutputProfile="automatic"
PantoneEmulation = "true"
//Files
Input="C:\Program Files\RemoteProofing\Data\Input\MyPDF.pdf"
Output="C:\Program Files\RemoteProofing\Data\Result\JobId00256.jmf"
CLCOutout = ="C:\Program Files\RemoteProofing\Data\Result\JobId00257.jmf" // if
clc is required
Note:
> (1) // means a comment line;
> (2) we use key = value each line;
Behavior:
The processing of the job ticket is described in the following steps.
It is also described graphically in the flow diagram (the flow diagram
contains references to the steps in this section)
1 Read the ticket
2 Decide the media type and media size to use depending of the "Policy"
attribute:
1. if settingsPolicy = override, use the media type and media size,
specified in the job ticket
2. if settingsPolicy = check, the media type, and media size specified
in the FE must be the same than the ones specified in the JT, if that
is not the case, the job fails
3. if settingsPolicy = rip, the media type and media size specified in
the RIP will be used regardless of the job ticket settings in any
case, the print quality will always be set to the one specified in the
job ticket
3 Select the color profiles to be used to print the job:
1. if performColorCorrection = true, the CMYK and RGB input profiles
specified in the JT must be used. the input profiles are always
defined if performColorCorrection = true
2. if the output profile is set to "automatic", it is selected
automatically by the FE, depending on the print quality and media type
settings; otherwise, the color profile specified in the job ticket is
used as output color profile
3. if the FE cannot access any of the color profiles specified, the job
fails
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4 Rip and print the job
1. If the FE cannot access the PDF or there is an error ripping or
printing the file, the job fails. if the job can be printed
correctly, it finishes successfully
2. When the job finishes, either succesfully or due to an error, the
result file specified in the job ticket is writen by the RIP. The
minimum information required is:
o termination status (OK or error)
o error code (if termination status is error)
Notes:
o the RIP does not have to extract any profile from the PDF, profiles are
extracted by the RP software before passing the contents to the RIP. The
RIP just has to process the PDF file as any other PDF file (making sure
that it uses the settings specified in the job ticket)
o the RIP does not have to delete any of the files (PDF, profiles...) the
only file that it will have to remove is the JT itself once it is processed
o we need a list of possible errors from the Amiable RIP. These errors should
include the error causes specified in the previous algorithm
Below you have a picture describing the workflow:
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Step 1
Read Job Ticket
|
|
| Step 2
|
|
check JobTicket.PolicySetting? rip
| | |
| | |
| | |
| override |
| | |
- no -- (JobTicket.MediaType==
| XXX.Xxxxx Type) && MediaType=JobTicket.MediaType; MediaType=RIP.MediaType;
| (JobTicket.MediaSize ---- yes ----> MediaSize=JobTicket.MediaSize MediaSize=RIP.MediaSize
| less than or equal to | |
| RIP.MediaSize) | |
| |<-----------------------------------------
| |
| |
| Print Quality=Job Ticket.PrintQuality
| |
| |
| |
| |
| | Step 3
| ColorCorrection=JobTicket.ColorCorrection;
| RGBInputProfile=JobTicket.RGBInputProfile;
| CMYKInputProfile=JobTicket.CMYKInputProfile;
| PantoneEmulation=JobTicket.PantoneEmulation;
| |
| |
| |
| yes (JobTicket.OutputProfile== no
| | "automatic") |
| | |
| | |
| | |
| Select output profile using the OutputProfile=JobTicket.OutputProfile
| RIP media description files
| | |
no | |
| ----------------------------------------------------------------------------------------
| |
| |
| | Step 4
| RIP and print the input PDF
| specified in the job ticket, using the
| settings calculated in the previous
| steps
| |
| |
| | Step 5
| Write result (OK or error and error
-------------------------------------------> code) to the result file specified in
the job ticket
11.5. Color management processing
The FE will extract the ICC profiles from the PDF file, and will use it for the
color processing as described in the document "Eiffel Color Pipeline
description".
The spec is described in this Adobe document:
Note that there is a part "Known Output Intent dictionaries" which
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describes the PDF/X intent dictionary.
The basic process is:
-look for a PDF/X Output Intent dictionary
-if it exists, and it includes an Output_Condition_Identifier key, extract the
ICC profile from this key
-if this profile is CMYK, use it as CMYK emulation profile
-if this profile is RGB, use it as RGB emulation profile
11.6. PDF/Proof job settings
The job settings will be checked according to the specification defined in the
document "Remote Proofing Data Exchange Format Specification" (look at the user
proofing scenario above).
The FE will compare the print setting values contained in the job ticket with
the values selected in the FE at this moment. Those parameters are:
o Media type
o Media size
o Print quality
o Resolution
11.7. Graphical interface functionality
There will be some menu options from the FE GUI that will launch the HP RP
engine tool.
Every time one of these events is detected, the FE will copy an XML file to the
Output Hot Folder so that the RP engine will be able to read them an update the
status information about the pending proof jobs.
The contents of the XML file are:
o Events information
o Complete information of the proof jobs running at this moment (status
snapshot for all the proof jobs in the FE queue)
The format of the XML notification file will be:
(open angle bracket) Simple_JMF (close angle bracket)
JobID = "JobId00256"
Result = "OK"
ErrorCode = "RIP FAILED"
ExtraErrorMsg = "anything or emty"
(open angle bracket) /Simple_JMF (close angle bracket)
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Result can be:
"OK"
"FAIL"
ErrorCode Can be:
"RIP FAILED"
"OPEN PORT ERROR"
ExtraErrorMsg Can be empty or any string;
12. SW RIP common features
12.1. Supported file formats for JOB files
Printer spooler RIP hot folder RIP drag-and-drop
True Adobe PostScript level 3 OK OK OK
PDF 1.3 and previous OK OK
EPS OK OK OK
JPEG OK OK
TIFF OK OK
BMP (Windows only) OK OK
12.2. SW RIP queue management
The user will be able to access to the following options from the SW RIP GUI:
o Job status information
o Cancel current job
o Cancel a queued job
o List of already printed jobs
o Ability of reprinting a job without having to render it (save rendered jobs
in Mac and Windows)
o Reorder jobs in queue
12.2.1. Render-while-printing
The user will have the option to activate the Render-while-printing mode, that
is, the RIP starts to send data to the printer as soon as the first rendered
band is ready, instead of waiting until the job is completely Ripped. By doing
that we will see that
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the printer will start printing much earlier than when using the sequential
process (RIP the complete job, then, print).
On the other side, enabling this option could cause printing pauses in the
middle of the print process because maybe the RIP is not going to be able to
render data at higher speed rate than the printer is consuming the data.
The user shall be able to enable/disable the print while rendering option from
the RIP server GUI, at least on Windows.
12.3. Connectivity
Connectivity will be provided through:
o MAC:
o USB interface (when the OS version and PS driver are supporting it)
o AppleTalk
o TCP/IP
o Windows:
o ECP parallel port interface
o USB
o TCP/IP
12.4. Color management
12.4.1. Pantone emulation tables integration:
Pantone certified for key medias and CMYK emulation tables for rest of
medias/printmodes
12.4.2. Press ink emulation
HP will provide the tables, and they will be integrated in the RIP for:
SWOP, Euroscale, TOYO, and DIC.
12.4.3. RGB emulations
Built-in RGB emulation tables (provided by HP): sRGB, Apple RGB, ColorMatch RGB,
Adobe RGB.
12.4.4. Capability for user adding new input ICC profiles
12.4.5. Apple Colorsync profiles compatibility
12.4.6. Built-in ICC output profiles
For supported HP medias, HP will provide the profiles to be included in the RIP.
Those profiles will be automatically selected according to media type and
quality level.
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12.4.7. Easy Pantone algorithm integration (provided by HP)
12.4.8. Automatic Black Replacement (ABR)
12.5. Print management
12.5.1. Media source selection
Capability to select between the available media trays:
o default input tray
o optional secondary tray
o flat pass through path.
12.5.2. Media type selection
The SW RIP will show a list of media types so that the user can select the right
option to use in next printouts.
12.5.3. Print quality selection
In the printer engine, print quality is an attribute that is obtained as a
combination of several parameters such as the resolutions of the contone data,
halftoned data and printing grid, the number of passes required to put all the
ink on the media, the specific nozzles used in this process, the amount of drops
to fire, time to wait for ink drying, etc.
All this is hidden from the user, whose only decision to make is to select the
media type and the quality level desired. The RIP, based on those two inputs,
has to make the correct actions, providing the right data to the printer engine
12.5.4. Multiple copies
Capability of printing multiple copies of the selected job.
12.5.5. Job Preview
The main value from preview is to indicate when there is clipping or not, so, we
are talking about a layout preview that takes into account the printable area
for each media size.
The Job Preview will have several options:
o Complete layout preview: showing all the job pages at once
o Page preview: it shows the job in a page per page basis
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12.6. Layout management
All features described here shall be accessible from the client workstation and
from the server user interfaces.
12.6.1. Portrait and Landscape
12.6.2. Resizing and scaling
o By percent
o By specifying width and height
o Fit to media
12.6.3. Grayscale
12.6.4. Mirror
12.6.5. Rotation
12.6.6. Custom page size
No issues with margins and custom page size in any of the top applications:
Adobe Illustrator, Adobe PhotoShop, Adobe Page-Maker, Adobe In-Design,
QuarkXpress, PowerPoint.
Full Bleed
The user must be able to specify ink areas for printing and the system will
automatically specify and add the appropriate margins according to the media
type. For instance: load a B+ and have B printable area.
12.7. Font support
12.7.1. Roman PS fonts
PS3 comes standard with 136 Roman fonts and these should automatically be
installed on a user system:
o When Macintosh or Windows drivers are installed
o At a moment selectable by the user
12.7.2. Double-byte PS fonts
Additional support is required for those localized versions (CJKT) that make use
of double byte fonts. Two different font technologies, CID and OCF, are
currently in use and must be supported. The best way to verify this
functionality is by qualifying some specific sets of fonts for each language:
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Country Requirement PS fonts True Type
Japan Ryumin-Light KL Support: Adobe Type
and Gothic-BBB Library
Medium
Korea Qualify: SoftMagic,
HanYang, Sandol, Hancom
and C2D2.
China Qualify: Hanyi and Founder Qualify: Hanyi,
Founder,
Synotype
Taiwan Qualify: Arphic Qualify: Arphic
--------------------------------------------------------------------------------
For Japan, two font families from Morisawa will be included and installed
automatically on the user hard disk. These fonts are Ryumin-Light KL and
Gothic-BBB Medium. Copy protection scheme is transparent to the user.
12.7.3. OpenType Fonts
On Windows 2000 environment, OpenType technology (TrueType and PostScript
integration) is supported. The software RIP should support it.
12.7.4. TrueType Fonts
These fonts are supported by all the Operating Systems (Windows 9X, Windows NT
and Mac OS), but each one is handling them very differently, depending on the
driver capabilities:
o On Windows 9X, the Adobe PS driver can convert TrueType fonts to Type 42
before sending it to the PostScript interpreter. They can be used
effectively.
o On Windows NT and Macintosh OS Microsoft and Apple drivers cannot properly
convert TrueType fonts to a PS format. Adobe PS drivers do convert TrueType
fonts, but only recent versions are localized.
All this should be taken into account when the RIP is processing PS/EPS jobs
generated externally.
In order to process embedded TT fonts on those scenarios we would like to have a
SW RIP that supports direct TT rasterization, but only if this is not involving
a separate module to be developed from scratch (for instance, if the new CPSI
version is including this functionality, HP will require to use it).
12.7.5. Fonts Substitution tool
A font substitution mechanism (font-mapper) is required, so that the fonts that
are requested in a PS print job are appropriately handled.
If a font requested by a job is not found on the system, certain substitutions
will take place (i.e., use Courier font in a Roman environment, another
substitution that makes sense in non-Roman environments).
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This mechanism can also be used to create font mappings (specific font
substitutions) that can solve font naming issues, or TrueType to PostScript
aliases.
This Font-Manager also will cover double-byte fonts. It could be released as a
separate utility, installable with the software RIP, with the appropriate
documentation.
13. SW RIP metrics
HP will require a set of goals in some functional areas that are described
below.
13.1. Print Test suite
HP will provide a test suite consisting on typical user prints. The SW RIP will
be able to process all those prints so that it fits the functional goals defined
before.
13.2. Throughput Requirements
The time to process a job is a function of a number of parameters including
whether background of foreground printing is used, complexity of the print job
(print quality, number of passes, color settings), load on the network, the CPU
(internal HD, amount of RAM, processor), and I/O channel.
The following fundamental time metrics are to be used in measuring performance:
o Return to application (RTA)
o Click to Start printing
o Mechanical printing time
o Click to Clunk (just add click to start and printing times).
---
X
---
Return to Application (RTA)
RTA is defined here as the time from starting the printing process (click) to
when the host is ready to continue normal working with application (no
noticeable performance degradation due to printing process). The generic goal
for RTA time equals 10% of the total printing time (click to start plus printing
time).
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HP understands that actual RTA time highly depends on specific plot and RIPping
computer performance, so a plot suite with specific RTA times defined for each
plot will be provided by HP.
Reduced RTA is one of the main differences of the HP SW RIP solution when the
RIP is running in the same workstation than the graphics application, compared
to the separated scenario (client/server): in the case of 2 different
workstations (client and server) the ripping of the job if performed on the
server and so the client workstation is not heavy loaded.
So, RTA goals shall be defined for both: the typical configuration where the
client is running on a different workstation than the server, and the standalone
ones.
Click to Start printing
This is the time since the starting of the printing process (i.e., the users
clicks on "print" in the application) to the moment the printer effectively
starts to print.
Same requirements than RTA.
Mechanical printing time
Once the RIP starts sending rendered data to the printer device engine, a
minimum-rendering throughput shall be guaranteed in order to avoid printing
stopping in between swaths (which can produce image quality problems).
HP will provide additional information with the required rendering throughput
(Kbytes/s) for each particular media/print quality combination.
The compression algorithm to be applied to the generated raster data shall be
the method number 2 as described in the PCL Implementers guide (TIFF Pack bits
Encoding).
HP is responsible for defining a table of resolutions/print times that meets I/O
bandwidth as well as detailed throughput goals for the plots included in the
Eiffel plot suite. The contractor is responsible for providing a SW RIP that can
provide defined rendering speeds for the plots included in the Eiffel plot
suite.
A requirement that must be clearly stated (for PQ reasons) is that the printer
must not stop printing. So the solution has to guarantee that once data is start
being sent to the printer the above Mbytes/sec speeds are guaranteed until the
end of the job (assume that the printer starts printing as soon as the first
data is received).
Click to Clunk, or total printing time
This is the total time between the user clicks to print until the printer has
printed the job and returns to the "Ready" status.
13.3. Color performance goals
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13.3.1. Color Accuracy vs. Target
The accuracy goal will be measured for the following media and print qualities:
o Glossy media / Best mode
o HeavyCoated media / Best mode
HP Note: Specific detailed test method TBD, but it will involve sending a set of
color patches in the L*a*b* color space to avoid the effect that the input ICC
profile might have on the accuracy.
13.3.2. Color Consistency
The goal of the system is to provide a maximum color variability of some dE
number.
This variability is a different measurement, depending on what part of the
printing system is being tested:
o Proof to proof: total range of color values for a single color patch at the
same location on the page for ten consecutive prints on the same printer,
produced with no intentional pauses in the printing cycle.
o Machine to Machine: maximum difference of equivalent color patches between
the average of ten prints on any two Eiffel printers, after calibration.
o Ink/Print-Head Change: maximum color change after following the recommended
color calibration process when a printer undergoes an ink change and / or
printhead change. 95% of all the patches printed must meet these criteria.
The color patches might well be a specific IT8 subset, printed with under
certain conditions and settings (number of patches, media, color emulation...)
HP Note: Specific detailed test method TBD.
Both color attributes, accuracy and consistency, will be considered in the
Quality Plan, and more specifically of the Writing System Test executed by HP.
14. Licensing restrictions
14.1. Device model check licensing
The SW RIP will check the printer's model identification every time that the
user is beginning to use a different RIP IO configuration, in order to ensure
the device is licensed to use the SW RIP facilities. In case the device model ID
is not the correct one the SW RIP will refuse the connection.
The SW RIP will always be shipped/distributed jointly with the HP printer
device.
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14.2. Japanese fonts licensing
As mentioned above, the Japanese version of the software will implement a
software protection scheme that will be password protected. This will allow the
installation of the two Adobe Heisei Japanese fonts.
The licensing mechanism is based on:
1. The CD will have an sticker containing: user ID and product password
2. At installation time the user will get a dialog box asking for user ID and
password
3. After providing the right data, the SW RIP will install the Japanese fonts in
the hard disk (encrypted according to the user ID)
Given that those fonts are licensed by Adobe, it's needed the agreement of Adobe
authorized representatives on the fonts licensing/distribution mechanism.
15. HP products compatibility
Compatibility with PostScript and Windows drivers. printer models.
Compatibility with other SW RIP (can coexist in same computer): Eiffel
Heidelberg SW RIP (for second release, in this case), any other HP SW RIP
developed according to the HP SW RIP product line specification.
Any kind of incompatibility must be communicated and approved by HP
representative.
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HP InkJet Commercial Division Monday, December 10, 2001
EXHIBIT B PRICING EIFFEL
1. LICENSE FEE
The per unit license fee for HP Product shall depend on the number of HP Product
units distributed by HP (including HP's subsidiaries, affiliates, divisions and
permitted sub licensees, as detailed below:
License fee Basic
HP Product units Fee per HP Product unit
---------------- -----------------------
higher
License fee (Workgroup B )
HP Product units Fee per HP Product unit
---------------- -----------------------
higher
This price is inclusive of Adobe Postscript. It is inclusive of all fonts,
except for Japanese version, for which additional purchase of fonts will be
required by Adobe Systems, Inc. HP may choose two Morisawa fonts at
or two Heisei fonts at
2. LICENSE FEE CALCULATION
License fees will be calculated on a quarterly basis based on the number of HP
Products shipped by HP during each HP fiscal quarter. The eighth day after the
official quarter, HP shall send to Scanvec-Amiable a communication with the
official number of HP Product units sold in the prior quarter. The official end
dates for HP quarters are (31st January, 30th March, 31st July and 31st
October).
Royalty fee will be calculated on a quarterly basis based on number of HP
Products shipped by HP during each HP fiscal quarter. HP will provide SA a
quarterly royalty report listing total units shipped.
3. LICENSE FEE PAYMENT
All license fees due in accordance with the term of this Agreement shall be paid
in US dollars within 30 days after reception of the appropriate invoice by HP.
SA shall send its invoices at the following address:
Hewlett-Packard Company
0000 Xxxxxxxxxx Xxxx Xxxxxxxx X
Attn: Xxxxx Xxxxxx
Xxxxxxxx Xxxxxxx, Xxxxxxxx 00000
4. NON-RECURRING ENGINEERING CHARGES (NREs)
NRE charges agreed by the parties amount to which shall be paid by HP to Scanvec
Amiable Inc, according to the following deliverables schedule (prior reception
by HP of the appropriate invoice).
Upon signing of the Eiffel GA addendum
Upon delivery of English Gold bits
Upon delivery of all localized Gold bits
All NRE payments due in accordance with the term of this Agreement shall be paid
in US dollars 30 days after reception of the appropriate invoice by HP.
ANNEX C
HP SOFTWARE LICENSE PERSONAL:
ATTENTION: Use of the Software is subject to the HP Software License terms set
forth (below).
Using the software indicates your acceptance of these license terms. If
you do not accept these license terms, you must return the product for
a full refund. If the Software is supplied with another product, you
may return the entire unused product for a full refund.
HP Software Product License Agreement (HP DesignJet printer software)
1. The license is granted in return for purchase of the associated HP
DesignJet printer or payment of the appropriate fee as specified
by HP.
2. A nonexclusive license is granted to use the Software solely for
user's own internal business purposes on up to three computers
connected to a single HP DesignJet Ops printer associated with
this Software, where each copy of the Software including the remote
proofing engine and the associated drivers are used on a same single
computer.
3. This license binds the customer who opens this Software package and
any transferee authorized pursuant to section 8 below. For purposes
of this License:
a) The term "user" means such customer and any authorized transferee;
and
b) The term "use" means storing, loading, installing, executing, or
displaying the Software including the remote proofing engine and the
associated drivers, in accordance to the user guide and in
conjunction with the associated HP Designjet 10 ps printer.
4. The Software may not be duplicated or copied except for purposes of
installing and using it according to the terms of this License, or
for archival, backup, error identification, or replacement of
defective media. All copies of the Software must bear the copyright
and other proprietary notices on or in the original media as well as
any restricted rights legends on or in the original media.
5. This License does not include the right to updates, upgrades, or
other enhancements. However, this License does apply to any update,
upgrade, or other enhancement provided by HP. HP reserves the right
to require an additional license and fee for use of the Software on
any upgraded computer, processor or controller.
6. This license confers no title or ownership in the Software, and
confers
no rights whatsoever in any associated source code or in any other
intellectual property of HP or its third party supplier(s). This
License is not a sale of any rights in the Software.
7. The Software may not be disassembled, decompiled, decrypted, or
reverse engineered unless HP's prior written consent is either
obtained or not required by law. In some jurisdictions, HP's
consent may not be required for disassembly or decompilation. Upon
request, the user will provide HP with reasonably detailed
information regarding any disassembly, decompilation, decryption, or
reverse engineering.
8. This License is transferable subject to HP's prior written consent
and payment to HP of any applicable transfer fee(s), and subject to
the transferee's agreement in writing to the terms and conditions of
this License. Upon any such transfer, the transferor will
immediately deliver all copies of the Software to the authorized
transferee, and the transferor's rights under this License will
automatically terminate. This License is also binding on any
involuntary transferee.
9. Any third party supplier of the Software may protect its rights in
the Software against violations of this License, including any
infringement of the third party supplier's copyright(s).
10. HP may terminate this License upon notice to the user for failure
to comply with this License. Immediately upon the termination of the
License, the user will destroy or return to the License, the user
will destroy or return to HP all copies of the Software, including
all copies from any adaptation into which such copies are merged
(except for individual pieces of user data in a related database).
11. If the Software is licensed for use by the U.S. government, the
user agrees that the Software has been developed entirely at private
expense and is delivered as "Commercial Computer Software" as
defined in DFARS 252.227-7013 or as "Restricted Computer Software"
as defined in DFAR 52.227-19, as appropriate.
12. User may not export or re-export the Software or any copy or
adaptation in violation of any applications or regulations.
HP SOFTWARE LICENSE WORKGROUP:
ATTENTION:
Use of the Software is subject to the HP Software License terms set forth
(below).
Using the software indicates your acceptance of these license terms. If you do
not accept these license terms, you must return the product for a full refund.
If the Software is supplied with another product, you may return the entire
unused product for a full refund.
HP Software Product License Agreement (HP DesignJet printer software)
l. The license is granted in return for purchase of the associated HP DesignJet
20ps printer or payment of the appropriate fee as specified by HP.
2. A nonexclusive license is granted to use the Software, comprising Server
Components, including the remote proofing engine, and Drivers, solely in
conjunction with a single HP Designjet 20ps printer, either standard or
upgraded, and for: (i) one full -featured server installation and use of the
Server Components, including the remote proofing engine, in a single file
server, and (ii) unlimited number of installations and use of Drivers on an
unlimited number of computers, solely for the purpose of using each of the
Drivers in conjunction with the Server Components, including the remote
proofing engine, installed on such single file server.
3. This license binds the customer who opens this Software package and any
transferee authorized pursuant to section 8 below. For purposes of this
License:
a) The term "user" means such customer and any authorized transferee;
and
b) The term "use" means storing, loading, installing, executing, or displaying
the Software, in accordance with the user manual and in conjunction with the
associated HP Designjet 20ps printer.
4. The Software may not be duplicated or copied except for purposes of
installing and using it according to the terms of this License, or for
archival, backup, error identification, or replacement of defective media.
All copies of the Software must bear the copyright and other proprietary
notices on or in the original media as well as any restricted rights legends
on or in the original media.
5. This License does not include the right to updates, upgrades, or other
enhancements. However, this License does apply to any update, upgrade, or
other enhancement provided by HP. HP reserves the right to require an
additional license and fee for use of the Software on any upgraded computer,
processor or controller.
6. This license confers no title or ownership in the Software, and confers no
rights whatsoever in any associated source code or in any other intellectual
property of HP or its third party supplier(s). This License is not a sale
of any rights in the Software.
7. The Software may not be disassembled, decompiled, decrypted, or reverse
engineered unless HP's prior written consent is either obtained or not
required by law. In some jurisdictions, HP's consent may not be required for
disassembly or decompilation. Upon request, the user will provide HP with
reasonably detailed information regarding any disassembly, decompilation,
decryption, or reverse engineering.
8. This License is transferable subject to HP's prior written consent and
payment to HP of any applicable transfer fee(s), and subject to the
transferee's agreement in writing to the terms and conditions of this
License. Upon any such transfer, the transferor will immediately deliver all
copies of the Software to the authorized transferee, and the transferor's
rights under this License will automatically terminate. This License is also
binding on any involuntary transferee.
9. Any third party supplier of the Software may protect its rights in the
Software against violations of this License, including any infringement of
the third party supplier's copyright(s).
10. HP may terminate this License upon notice to the user for failure to
comply with this License. Immediately upon the termination of the
License, the user will destroy or return to the License, the user will
destroy or return to HP all copies of the Software; including all copies
from any adaptation into which such copies are merged (except for
individual pieces of user data in a related database).
11. If the Software is licensed for use by the U.S. government, the user agrees
that the Software has been developed entirely at private expense and is
delivered as "Commercial Computer Software" as defined in DFARS 252.227-7013
or as "Restricted Computer Software" as defined in DFAR 52.227-19, as
appropriate.
12. User may not export or re-export the Software or any copy or adaptation in
violation of any applications or regulations.
HP SOFTWARE LICENSE 50ps:
ATTENTION: Use of the Software is subject to the HP Software License terms set
forth (below).
Installing or using the Software indicates your acceptance of these
license terms. If you do not accept these license terms, you must
return the product for a full refund. If the Software is supplied with
another product, you may return the entire unused product for a full
refund.
HP Software Product License Agreement (HP DesignJet printer software)
1. The license is granted in return for purchase of the associated HP
Designjet printer or payment of the appropriate fee as specified by
HP.
2. A nonexclusive license is granted to use the Software, comprising
Server Components, including the remote proofing engine, Drivers and
associated Plugins Extensions, solely in conjunction with a single
HP Designjet 50ps printer, either standard or upgraded, and for: (i)
one full -featured server installation and use of the Server
Components, including the remote proofing engine, in a single file
server, and (ii) unlimited number of installation and use of Drivers
and associated Plugins extensions on an unlimited number of
computers, solely for the purpose of using each of the Drivers and
associated Plugins in conjunction with the Server Components,
including the remote proofing engine, installed on such single file
server.
3. This license binds the customer who opens this Software package and
any transferee authorized pursuant to section 8 below. For purposes
of this License:
a) The term "user" means such customer and any authorized transferee;
and
b) The term "use" means storing, loading, installing, executing, or
displaying the Software, in accordance to the user guide and in
conjunction with the associated HP Designjet 50 ps printer.
4. The Software may not be duplicated or copied except for purposes of
installing and using it according to the terms of this License, or
for archival, backup, error identification, or replacement of
defective media. All copies of the Software must bear the copyright
and other proprietary notices on or in the original media as well as
any restricted rights legends on or in the original media.
5. This License does not include the right to updates, upgrades, or
other enhancements. However, this License does apply to any update,
upgrade, or other enhancement provided by HP. HP reserves the right
to require an
additional license and fee for use of the Software on any upgraded
computer, processor or controller.
6. This license confers no title or ownership in the Software, and
confers no rights whatsoever in any associated source code or in any
other intellectual property of HP or its third party supplier(s).
This License is not a sale of any rights in the Software.
7. The Software may not be disassembled, decompiled, decrypted, or
reverse engineered unless HP's prior written consent is either
obtained or not required by law. In some jurisdictions, HP's consent
may not be required for disassembly or decompilation. Upon
request, the user will provide HP with reasonably detailed
information regarding any disassembly, decompilation, decryption, or
reverse engineering.
8. This License is transferable subject to HP's prior written consent
and payment to HP of any applicable transfer fee(s), and subject to
the transferee's agreement in writing to the terms and conditions of
this License. Upon any such transfer, the transferor will
immediately deliver all copies of the Software to the authorized
transferee, and the transferor's rights under this License will
automatically terminate. This License is also binding on any
involuntary transferee.
9. Any third party supplier of the Software may protect its rights in
the Software against violations of this License, including any
infringement of the third party supplier's copyright(s).
10. HP may terminate this License upon notice to the user for failure
to comply with this License. Immediately upon the termination of the
License, the user will destroy or return to the License, the user
will destroy or return to HP all copies of the Software, including
all copies from any adaptation into which such copies are merged
(except for individual pieces of user data in a related database).
11. If the Software is licensed for use by the U.S. government, the
user agrees that the Software has been developed entirely at private
expense and is delivered as "Commercial Computer Software" as
defined in DFARS 252.227-7013 or as "Restricted Computer Software"
as defined in DFAR 52.227-19, as appropriate.
12. User may not export or re-export the Software or any copy or
adaptation in violation of any applications or regulations.
OEM SOFTWARE DEVELOPMENT AND LICENSE AGREEMENT N" OM - XX/00
XXXXX X
XXXXXXX/XXXXXXXXXXXX XXXXXXXX
XX X-X
Xxxxxx Xxxxxxxxx Xxxxx Xxxxx
Hewlett-Packard Espanola, S. A Scanvec Amiable, Inc.
Avda. Graells. 501 2 International Plaza
08190 Sant Gugat del Xxxxxx Suite 625
Spain Xxxxxxxxxxxx, XX 00000
XXX
Tel: 00 00 000 00 00 Tel: x0000 000 0000 x000
Fax: Fax: + 0 000 000 0000
DESIGNATED RECIPIENT FOR NOTICE
HP S-A
Xxxxxx Xxxxxxxxx Xxxxx Xxxxx
Hewlett-Packard Espanola, S. A Scanvec Amiable, Inc.
Avda. Graells. 501 2 International Plaza
08190 Sant Gugat del Xxxxxx Suite 625
Spain Xxxxxxxxxxxx, XX 00000
XXX
Tel: 00 00 000 00 00 Tel: x0000 000 0000 x000
Fax: Fax: + 0 000 000 0000
EXHIBIT E SCHEDULE
SCHEDULE
(see the two following pages)
OEM SOFTWARE DEVELOPMENT AND LICENSE AGREEMENT NUMBER
ANNEX F
TRAINING, MAINTENANCE AND SUPPORT
Notwithstanding what has been agreed in Section 5 of the General terms and
conditions of this Agreement Contractor will provide the following additional
services. In case of contradiction between the General terms and Conditions and
this Annex F, the General Terms and Conditions will prevail.
1.- Maintenance and Support
1.1 CCC (Consulting)
o HP will deliver first level of support to customers through its
Customer Care Centers. A second level of support will be provided
by DesignJet On-Line. This second level of support will run under
the responsibility of HP Sales Support Department. In case that the
HP Sales Support Department cannot solve the problem, SA will
provide HP with a solution as described in the table included in
Section 2 ("Request Classification and Response and Resolution
Time") below.
SA will also provide:
o Technical support consulting for HP's Customer Care Centers (CCC).
o Maintain a telephone number to provide to designated employees of
HP with telephone technical support during normal business hours,
and provide a designated, knowledgeable support contact for
providing technical support, who may be changed by written notice.
o Training a designated engineer (from the Technical Marketing
Department) on the features and use of the RIP, so that he can be
the focus from HP for post-introduction support.
o Worldwide training classes in the US, Europe and Asia for HP
support teams or any other third parties authorized by HP to carry
out support tasks. Virtual training will be free. Upon request by
SA, HP will bear reasonable travel expenses reimbursement for
face-to-face training.
1.2 Maintenance
1.2.1 Bug Fixing
a) SA agrees to use its best reasonable efforts to remedy any bugs
in the Program as soon as possible. In cases where severity
assigned to the bug is critical, in accordance with the request
classification established in the table in Section 2 below, or
the bug represents a substantial risk to the sales and/or
business of HP, SA will make all its reasonable efforts to
provide a remedy within the time scheduled in that mentioned
table in Section 2.
b) SA will provide HP with maintenance releases according to market
needs (additional fees will be agreed by the parties).
1.2.2 Enhancements
For all enhancements additional fees will be agreed by the parties.
a) SA will upgrade versions to support new version of OS and major
applications.
b) SA commits to deliver maintenance releases of the previous
products not more than 3 months after a major OS version of
Windows or MAC will be introduced in the market, in case HP
requests a version of the previous SW RIP version supporting it.
c) SA will provide HP with two (2) maintenance releases per year
during the whole Program lifetime, in case HP requests a version
of the previous SW RIP version supporting it.
OEM SOFTWARE DEVELOPMENT AND LICENSE AGREEMENT NUMBER
d) The maintenance releases established in c) above may vary by
mutual agreement of the parties.
2.- Request Classification and Response Times
Resources &
Schedule
Request Initial Response Assessment
Request Level Classification Time Response Time
-------------------------------------------------------------------------
1 Critical 2 business days 5 business days
2 Non-critical 2 business days 5 business days
"Initial Response Time" is the time for a return call from SA to HP to
acknowledge the defect.
"Resources and Schedule Assessment Response Time" is the documented allocation
of all resources necessary to fix the problem within a period of time. In this
assessment SA will provide HP with the different options HP can choose from to
solve the problem.
o Critical: The customer experiences:
a) real or perceived data loss or corruption or an essential part
of the system is unusable for HP. Unusable means that HP can't
or won't use an essential part of the system because of its
design or a defect. Essential parts of the system are those that
HP need to use the system effectively. A critical request defect
will receive the full attention (100% of work time) of the
engineers with an appropriate knowledge on the problem area. In
addition, SA will report the status of repair efforts on a daily
basis.
b) customer effectiveness is severely compromised for an essential
part of the system although all essential parts of the system
can be used. This can be measured by comparison to customers
expectations, previous Printers, previous releases of the same
Printer or quality objectives established for the Printer or
system. Effectiveness refers to HP's Printer activity and
satisfaction with the work process provided by the system.
Satisfaction with the work process includes concerns such as
unpleasant or frustrating processes that affect the system's
fitness for use. This critical request will also receive the
full attention (100% of work time) of the engineer who has been
designated by SA as having primary responsibility for the area
in question. In addition, SA will report the status of repair
efforts on a weekly basis.
o Non critical: customer effectiveness:
a) is compromised, though not severely. All essential parts of the
system can be used. This classification is appropriate for all
parts of the system, essential or otherwise. This noncritical
request will receive a fair amount of the attention of one or
more of the engineering staff in order to fix the problem for
the next planned release.
b) can circumvent the problem and use the system with only slight
inconvenience.
c) a cosmetic defect.
Annex G
Eiffel RP Test Specification
1. Introduction
This document describes the Quality-testing Plan for the Eiffel RP project. It
is intended to document the overall quality expectations as well as the focus
areas of the project.
Eiffel RP consist of:
o HP Design Jet and printers
o Adobe PS Drivers
o Scanvec Amiable software RIP
o HP Remote Proofing Engine
o HP Maintenance tool
o Readme, on-line help, and Users Guide
2. Test Scope
Project Test Goals
o Test driver + PPD, software RIP and firmware interaction
o Test Remote Proofing engine and software RIP interaction
o Focus on client application testing using latest versions
o Strong test for English version
o Sanity test for localization's
o Release Candidates and GoldMaster versions of the software
A full regression test will be performed according to the matrix of supported
platforms. A basic test will be performed on all other platforms.
The Priority of testing the supported platforms will be as follows
o OS 8.6 Basic Test
o OS 9.1 Full Regression Test
o OSX classic Basic Test
o Win 98 Basic Test
o Win NT4 Basic Test
o Win ME Basic Test
Win 2000 Full Regression Test
o Win XP Basic Test
3. Areas not to be Tested
o Windows 3.1, Windows NT 3.51, Windows 95
o Mac OS 8.0 and previous versions
o Mac OS X native
o Lan Topologies other than l0baseT
o Older versions of Client applications listed
o Client applications not listed in document
o Product registration completion with HP website (this does not exclude
verification of browser launch with correct URL)
4. Areas to Test
4.1 Installation
All installer options will be tested that they install completely and in the
correct place. These options being Software Rip, HP Maintenance tool, HP Remote
Proofing engine, as well as Read me and Registration information. Installer will
also be checked for improvements that were spelled out in the Prototype release
notes. Other scenarios that will be checked will be reinstalling and installing
over previous driver builds.
4.2 Uninstallation
Uninstaller will be tested to make sure that it removes all installation
options. It will also be tested for improvements documented in Prototype release
document. These being that the uninstaller should remove the following:
PC
o Short cuts and start menus
o All files in compressed and uncompressed folder
o System printers with designjet prefix
o Hotfolder ports
o Clear Registry
Mac
o Spooler
o Preference Files
o Desktop printer
o Designjet Folder
4.3 File/Job properties and Output
Printing features such as custom pages sizes, scaling, rotation, copies, etc
will be tested to see that they work correctly and that printed jobs reflect
selected properties. Both simple jobs and multipage jobs will be used to test
the printing features. Also all supported file types will be sent through the
RIP queue, those being:
o Native
4.4 Printing from Client Applications
Files will be sent from various client applications to test that they interact
correctly with the software RIP. This test will verify printing from graphic
arts applications as well as drag and drop of print files. The client
application test will also verify that the jobs use the PPD for job properties
instead of the Software RIP. Client applications that will be tested are below.
o Adobe PhotoShop- Both Mac and PC
o Adobe Illustrator- Mac Only
o Adobe PageMaker- Mac Only
o Adobe Acrobat- Both Mac and PC
o Quark Xpress- Mac Only
o Freehand- Mac and PC
o Corel Draw- PC Only
Testing will be conducted to see how the Software RIP functions under adverse
conditions. Items that will be tested include client to server disconnection
recovery, server to printer disconnection recovery, and how the RIP functions
after it has been on standby. Input testing of corrupt files will be done to see
that the appropriate error messages appear. Client testing will be performed
with both the RIP started and the RIP not started to see that the job is
delivered under both circumstances. Also a stress test of printing for several
hours will be performed to mimic real production conditions.
4.5 Connectivity
Scanvec-Amiable shall test that files can successfully be sent through different
protocols. Connections tested will be:
o AppleTalk - Mac only
o LPT - PC only
o USB - Mac and PC
o TCP/IP - Mac and PC
4.6 Documentation
Scanvec-Amiable shall check that the documentation is installed and that it is
launched correctly
o Readme
o On-line Help
o Maintenance Tool
o Users Guide
4.7 Localization
It is assumed that the localized versions of software are similar to the English
version so minimal functionality testing will be done. The localization testing
will mostly consist of an inspection of the user interface to ensure that
strings fit in the dialog boxes. All localization testing will be done on a
clean installation of a localized OS. Languages that will be tested are as
follows:
o French
o Italian
o German
o Spanish
o Traditional Chinese
o Simplified Chinese
o Japanese
o Korean
Amiable shall conduct a thorough test of the font-downloading feature. This
feature shall be exercised Japanese fonts for the following operating systems:
all major variants of the Xxxxxxxxx XX, Xxxxxxx XX0, and Windows 2000.
4.8 RP Engine
Remote Proofing Engine feature is new for this version. Remote Proofing Engine
integration shall have its own functionality testing as well as testing its
interaction with the software RIP. Area's that will be focused on are as
follows.
Integration
o Test that files generated by RP are accessible and usable by the SW RIP
(That is the files are readable by the SW Rip and appear in the expected
locations)
o Test that the default hot-folder supplied by the SW RIP processes files
properly; rip and print
o Verify under different installations that the registry keys generated by the
SW RIP, for consumption by RP, are properly set
o Test that RIP generated notification messages are accessible and useable by
RP (That is the files are readable by the RP and appear in the expected
locations)
o Test that the Job Ticket values are honored by the RIP. This includes but is
not limited to: print settings, media size, and orientation.
o The check notification options interact with the SW rip correctly either
halting the job or sending it to the SW RIP
RIP functionality limit testing
o Test that the RIP recovers gracefully from unsupported Job Ticket values or
configurations