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RightFax MFP Module 2.5 Guide for the Sharp Extension iv
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.
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