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Captaris Inc. Software License Agreement v
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.
English Language
It is the express wish of the parties that this Agreement and all related
documents be drawn up in English. C'est la volonté expresse exigé par les
parties que cette convention et tous les documents y afférents, soient rédigés
en anglais seulement.
Entire Agreement
This EULA sets forth the entire agreement of Captaris and you with respect to the
Product and the subject matter hereof and supersedes all prior and
contemporaneous understandings and agreements whether written or oral. No
amendment, modification or waiver of any of the provisions of this EULA will be valid
unless set forth in a written instrument signed by the party to be bound thereby.