Axis RightFax 8.5 Instalační příručka stáhnout pdf (Strana 3)

SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT

LIMITED TO, LOSS OF REVENUE, DATA, OR ANTICIPATED

PROFITS, LOST BUSINESS, OR OTHER ECONOMIC LOSS)

ARISING OUT OF OR IN CONNECTION WITH THIS

AGREEMENT OR THE USE, INABILITY TO USE, OR RESULTS

OF USE OF THE CAPTARIS SOFTWARE OR THE CD-ROMS,

DISKETTES OR DOCUMENTATION, EVEN IF CAPTARIS OR

ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBLITY OF

SUCH DAMAGES. IN ANY EVENT, ANY LIABILITY OF

CAPTARIS ARISING OUT OF OR IN CONNECTION WITH THIS

AGREEMENT OR THE USE, INABILITY TO USE, OR RESULTS

OF USE OF THE CAPTARIS SOFTWARE OR THE CD-ROMS,

DISKETTES OR DOCUMENTATION WHETHER BASED IN

CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),

PRODUCT LIABILITY OR OTHER THEORY, SHALL NOT

EXCEED THE AMOUNT, IF ANY, THAT YOU PAID FOR THE

CAPTARIS SOFTWARE.

Some states’ laws do not allow the exclusion of implied warranties,

limitations on how long an implied warranty may last, or the

exclusion or limitation or certain damages. To the extent that those

laws apply to this Agreement, the exclusions and limitations set

forth above may not apply.

Indemnification.

Captaris shall indemnify, defend and hold harmless Customer

from any and all damages, liabilities, costs and expenses (including

reasonable attorneys' fees) incurred by Customer as a result of any

claim that the Captaris Software, when used within the scope of

this Agreement, infringes any U.S. patent, copyright, trademark, or

trade secret of any third party; provided that Customer promptly

notifies Captaris in writing of any such claim and promptly tenders

the control of the defense and settlement of any such claim to

Captaris at Captaris’s expense and with Captaris’s choice of

counsel. Customer shall cooperate with Captaris, at Captaris’s

expense, in defending or settling such claim.

Captaris shall have no liability for any infringement arising from

the modification of the Captaris Software unless such modification

was made or authorized by Captaris, when such infringement

would not have occurred but for such modification.

Termination of Agreement.

You may terminate the license granted by this Agreement at any

time, by complying with the following termination procedure: (1)

you must erase or destroy the original and each and every copy of

Captaris Software in your possession or under your control; and (2)

you must send written confirmation of termination to Captaris,

including confirmation that you have complied with this

termination procedure. Should you terminate this Agreement for

any reason other than breach of warranty by Captaris, you will not

be entitled to any refund of any payments made to Captaris.

If you fail to comply with any provision of this Agreement,

Captaris may, in addition to other available remedies, terminate

your license immediately. Upon receipt of notice of termination,

you will immediately comply with the termination procedure

described above. Any use restrictions placed on you under this

Agreement shall survive any termination of this Agreement.

Miscellaneous.

• Captaris Software is licensed to you only. You are prohibited

from assigning, transferring, or sublicensing Captaris Software

in any manner to another person or entity without the prior

written consent of Captaris. The terms of this Agreement will

apply to any transfer authorized by Captaris.

• This Agreement sets forth the entire agreement of the parties

and supersedes all prior understandings and agreements,

written or oral.

• This Agreement will be governed by the laws of the State of

Washington without regard to its conflict of law principles to

the contrary, except that the 1980 UN Convention for the

International Sale of Goods or any successor thereto does not

apply to this Agreement. You will not commence or prosecute

any action, suit, proceeding or claim arising under or by reason

of this Agreement other than in the state or federal courts

located in King County, Washington. You irrevocably consent

to the jurisdiction and venue of such courts in connection with

any such action, suit, proceeding or claim.

• If any provision of this Agreement is held by a court of

competent jurisdiction to be invalid, illegal, or unenforceable,

the remainder of this agreement will remain in full force and

effect.

• It is the express wish of the parties that this Agreement and all

related documents be drawn up in English/C’est la volenté

expresse exige des parties que la présenté conventions ainsi que

la documents qui s’y rattachment soient redigés en anglaise.

• U.S. GOVERNMENT RESTRICTED RIGHTS. If the Captaris

Software is used or acquired by the U.S. Government or on its

behalf, the Government acknowledges that (a) the Captaris

Software is “commercial computer software” or “Commercial

computer software documentation” for purposes of 48 C.F.R.

12.212 and 48 C.F.R. 227.7202-3, as applicable, and (b) the

Captaris Software is provided to the Government (i) for

acquisition by or on behalf of civilian agencies, consistent with

the policy set forth in 48 C.F.R. 12.212, or (ii) for acquisition by

or on behalf of the Department of Defense, consistent with the

policies set forth in 48 C.F.R. 227.7201-1 (June 1995) and

227.7202-3 (June 1995). The Contractor/manufacturer of the

Captaris Software is Captaris, Inc., 11410 N.E. 122nd Way,

Kirkland, WA 98034.

• You will comply with all applicable laws regarding your use of

the Captaris Software. You will not directly or indirectly

transfer, export or re-export the Captaris Software to any

county, person, entity, or end user except in compliance with all

applicable U.S. export laws and regulations.

Addendum A

The following additional terms and conditions apply to your use of

certain Captaris RightFax software products:

• RightFax Document Management Connector – a maximum of 50

users for each license of RightFax Document Management

Connector.

• RightFax InternetLink Module – a maximum of 1000 pages per

day may be sent out.

• RightFax Connector for SAP R/3 – licensed for simultaneous

use by a single SAP production client and multiple test/

development/QA clients. One Connector will be required per

RightFax server.

• RightFax Integration Module – licenses the use of RightFax

embedded codes in a production fax environment. “Production

fax” is defined as a faxing solution where the electronic

generation of documents originates as a data stream from any

automated program, host or server-based application

(excluding individual user-generated desktop documents and

mail-merge).

• RightFax COM Module – a separate license must be purchased

prior to using the RightFax Component Object Model API

(Application Programming Interface).

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