Kofax Export Connector for ERP 2.4.9 User Manual

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Third-Party License Agreements

Kofax Export Connector for ERP Administrator's Guide

6 Trademarks. This License does not grant permission to use the trade names, trademarks,

service marks, or product names of the Licensor, except as required for reasonable and

customary use in describing the origin of the Software and reproducing the content of the

NOTICE file.

7 Disclaimer of Warranty. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,

THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR

REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING,

WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT,

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You are solely

responsible for determining the appropriateness of using and distributing the Software

and assume all risks associated with Your exercise of rights under this Agreement,

including but not limited to the risks and costs of program errors, compliance with

applicable laws, damage to or loss of data, programs or equipment, and unavailability

or interruption of operations. Further, You understand that although each Contributor

grants the licenses to its Contributions set forth herein, no assurances are provided by

any Contributor that its Contribution does not infringe the patent or other intellectual

property rights of any other entity. Each Contributor disclaims any liability to You for

claims brought by any other entity based on infringement of intellectual property rights

or otherwise. As a condition to exercising the rights and licenses granted hereunder, You

hereby assume sole responsibility to secure any other intellectual property rights needed,

if any.

8 Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,

NO CONTRIBUTOR SHALL HAVE ANY LIABILITY TO YOU FOR ANY DIRECT,

INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES

(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND

ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR

TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT

OF THE USE OR DISTRIBUTION OF THE SOFTWARE OR THE EXERCISE OF ANY

RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES.

9 Accepting Warranty or Additional Liability. Commercial distributors of software may

accept certain responsibilities with respect to end users, business partners and the like.

While this license is intended to facilitate the commercial use of the Software, if You

include the Software in a commercial product offering, You may do so only in a manner

which does not create potential liability for any Contributor. Therefore, if You include the

Software in a commercial product offering, You shall and hereby do agree to defend and

indemnify each and every Contributor against any losses, damages and costs (collectively

“Losses”) arising from claims, lawsuits and other legal actions brought by a third party

against such Contributor(s) to the extent caused by Your acts or omissions in connection

with Your distribution of the Software in a commercial product offering. The obligations

in this section do not apply to any claims or Losses relating to any actual or alleged

intellectual property infringement. In order to qualify to receive indemnification from

You, a Contributor must:

a promptly notify You in writing of such claim, and

b allow the You to control, and cooperate with the You in, the defense and any related

settlement negotiations.

The Contributor indemnified by You may participate in any such claim at its own

expense.