Konica Minolta OpenText FaxPress User Manual

Page 4

FaxPress Connector for Konica Minolta MFP Administrator Guide

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;

(d) adapt, modify, alter, translate or create any derivative works of the

Product;

(e) use the Product with more than one RightFax server or FaxPress device;

(f) remove, alter or obscure any copyright notice or other proprietary rights

notice on the Product;

(g) disclose the results of any benchmark testing using the Product to any

third party, or

(h) 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 components of the
Product for which you have paid the applicable license fees will perform
substantially in accordance with the accompanying Product manual for a
period of thirty (30) days from the date of receipt.

* Exclusive Remedy. If a component of the Product fails to conform to the
foregoing warranty, then Captaris will use commercially reasonable efforts to
repair or replace the nonconforming component. If Captaris is unable to repair
or replace the nonconforming component or determines, in its sole discretion,
that repair or replacement is not practicable, then Captaris may instead

terminate this EULA as it pertains to the nonconforming component and return
the license fee paid by you for the nonconforming component. To the maximum
extent permitted by applicable law, the foregoing sets forth Captaris's and its
suppliers’ entire liability and your sole and exclusive remedy for breach of the
limited warranty set forth above. THE LIMITED WARRANTY SET FORTH
ABOVE IS VOID IF THE FAILURE IS DUE TO ACCIDENT, ABUSE OR
MISAPPLICATION AND DOES NOT APPLY TO AN EVALUATION EDITION.
Any replacement component will be warranted for the remainder of the original
warranty period, if any.

* 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