Konica Minolta OpenText FaxPress - Manual (Page 5)

End User License Agreement for Captaris RightFax ESA MFP Module v
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 OTHERWISE UNDER OR IN CONNECTION
WITH THIS EULA OR THE PRODUCT, WHETHER BASED ON
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHER THEORY EVEN IF CAPTARIS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
* Limitation of Liability. CAPTARIS’S AND ITS SUPPLIERS’ LIABILITY
ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE
PRODUCT OR OTHERWISE UNDER OR IN CONNECTION WITH THIS
EULA OR THE PRODUCT IS LIMITED TO THE AMOUNT ACTUALLY PAID
BY YOU FOR THE PRODUCT REGARDLESS OF THE AMOUNT OF
DAMAGES YOU MAY INCUR AND WHETHER BASED ON CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER
THEORY. The foregoing disclaimer of warranties, disclaimer of certain
damages and limitation of liability will apply to the maximum extent permitted by
applicable law. The laws of some states/jurisdictions do not allow the
exclusion of implied warranties or the exclusion or limitation of certain
damages. To the extent that those laws apply to this EULA, the exclusions and
limitations set forth above may not apply to you.
* Export Restrictions. You acknowledge that the Product is subject to U.S.
export restrictions. You agree to comply with all applicable laws and
regulations that apply to the Product, including without limitation the U.S.
Export Administration Regulations.
* U.S. Government License Rights. All Product provided to the U.S.
Government is provided with the commercial license rights and restrictions
described in this EULA. By installing, copying or using the Product, the U.S.
Government agrees that the Product is "commercial computer software" or
"commercial computer software documentation" within the meaning of FAR
Part 12.
* Trademarks. This EULA does not grant you any rights in connection with any
trademarks or service marks of Captaris or its suppliers.
* Termination. Without prejudice to any other rights, Captaris may terminate
this EULA if you do not abide by the terms and conditions contained herein. In
such event, you must cease use of the Product and destroy all copies of the
Product and all of its component parts.
* Transfer. You may not transfer your rights under this EULA to any third party.
* Governing Law; Jurisdiction. Unless expressly prohibited by local law, this
EULA is governed by the laws of the State of Washington, U.S.A. without
regard to any conflict of law principles to the contrary. The 1980 U.N.
Convention on Contracts for the International Sale of Goods or any successor
thereto does not apply. You hereby irrevocably submit to jurisdiction of the
state and federal courts located in King County, Washington with respect to
any proceeding under this EULA or relating to the Product. You will not
prosecute any action, suit, proceeding or claim arising under or by reason of
this EULA except in such courts.
* Attorneys' Fees. In any action or proceeding to enforce rights under this
Agreement, the prevailing party will be entitled to recover costs and reasonable
attorneys' fees.
* Severability. If any provision of this EULA is held by a court of competent
jurisdiction to be invalid, illegal, or unenforceable, the remainder of this EULA
will remain in full force and effect.