d.reverse engineer, decompile, disassemble or attempt to discover the source code for or any trade secrets related to the Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
e.adapt, modify, alter, translate or create any derivative works of the Product;
f.use the Product with more than one RightFax server;
g.remove, alter or obscure any copyright notice or other proprietary rights notice on the Product;
h.disclose the results of any benchmark testing using the Product to any third party, or
i.circumvent or attempt to circumvent any methods employed by Captaris to control access to the components, features or functions of the Product.
Audit
Captaris shall have the right to audit your compliance with the terms of this EULA. You agree to grant access to Captaris to facilities, equipment, books, records and documents and to otherwise reasonably cooperate with Captaris in order to facilitate any such audit.
Ownership
The Product is valuable property of Captaris and its suppliers and is protected by copyright and other intellectual property laws and treaties. Captaris or its suppliers own all right, title and interest in and to the Product and all copyright and other intellectual property rights in the Product.
Limited Warranty
Captaris warrants to you that the Product will perform substantially in accordance with the accompanying Product manual for a period of thirty (30) days from the date of receipt. To the maximum extent permitted by applicable law, Captaris’s and its suppliers’ entire liability and your exclusive remedy for failure of the software to conform to the foregoing warranty is, at Captaris’s option, either (a) return of the price paid by you for the Product in exchange for return of the Product by you, or (b) repair or replacement of the Product that does not meet the warranty. The foregoing warranty is void if the failure of the Product is due to accident, abuse or misapplication. Any replacement Product will be warranted for the remainder of the original warranty period, if any.
RightFax MFP Module 2.5 Guide for the Sharp Extension | iv |
Indemnification
Captaris will defend you against any judicial proceeding based upon a third party claim that the Product infringes any U.S. patent, U.S. trademark, copyright or trade secret and will indemnify you against any damages, judgments and costs finally awarded against you in such proceeding; provided that, you: (a) give Captaris prompt written notice of the claim; (b) permit Captaris to control the defense and settlement of the claim; and (c) cooperate with Captaris in the defense and settlement of the claim. Captaris's defense and indemnification obligations will not apply to any actual or alleged infringement based upon: (i) modification of the Product by anyone other than Captaris, (ii) abuse, misapplication or casualty loss, (iii) use of the Product in combination with any other program or device, if such infringement would have been avoided but for such modification or combination, or (iv) failure to install or use any error corrections, fixes or other updates furnished by Captaris, if such infringement could have been avoided by such installation or use. In the event the Product or your use of the Product is held to infringe or in Captaris’s reasonable judgment is likely to infringe any third party intellectual property right, Captaris may, at its option, (x) obtain a license for you to continue to use the Product, (y) modify the Product so that it is noninfringing, or (z) terminate this EULA and refund a portion of the license fee paid by you for the Product prorated over three (3) years from the date of purchase.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH ABOVE, CAPTARIS AND ITS SUPPLIERS PROVIDE THE PRODUCT “AS IS” AND WITH ALL FAULTS. CAPTARIS AND ITS SUPPLIERS HEREBY DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE PRODUCT. WITHOUT LIMITING THE FOREGOING, CAPTARIS DOES NOT WARRANT THAT THE PRODUCT WILL BE FREE OF BUGS, ERRORS, VIRUSES OR OTHER DEFECTS.
Disclaimer of Certain Damages
IN NO EVENT WILL CAPTARIS OR ITS SUPPLIERS BE LIABLE FOR THE COST OF COVER OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, INFORMATION, REVENUE, PROFIT OR BUSINESS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE PRODUCT OR
