IMPORTANT – CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (THIS "AGREEMENT") BEFORE OPENING THE SEALED DISK PACKAGE. OPENING THE DISK PACKAGE INDICATES THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. SHOULD YOU CHOOSE NOT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY RETURN THE UNOPENED DISK PACKAGE AND PROOF OF FEES PAID, IF ANY, TO THE PLACE YOU OBTAINED IT FROM FOR A COMPLETE REFUND OF ANY SOFTWARE-SPECIFIC FEES PAID. NO REFUND WILL BE GIVEN FOR SOFTWARE THAT HAS AN OPENED DISK PACKET OR MISSING COMPONENTS.
1. Software License. Under the terms and conditions of this Agreement, Kofax Image Products, Inc. ("Kofax") grants you the non-exclusive, non-transferable, non-sublicensable right to reproduce, distribute (without fee) and use the enclosed software program, in object code form only (the "Software"). This Agreement does not convey to you an interest in or to the Software, but only a limited right of use revocable in accordance with the terms of this Agreement.
2. License Restrictions. Kofax reserves all rights not expressly granted to you under this Agreement. You may not modify or alter the Software in any way. You may not disassemble, decompile or reverse engineer the Software in order to obtain the source code, which is a trade secret of Kofax. You may not lease, sublicense or otherwise rent the Software and accompanying documentation. All distributions of the Software must be accompanied by this Agreement, and all copies of the Software include all of the copyright and other notices of Kofax and its suppliers.
3. Ownership. No title to or ownership in the Software is transferred to you. You acknowledge and agree that Kofax and its suppliers own and retain all rights, title and interest in the Software and ownership of all intellectual property rights in the Software, including any adaptations or copies. You agree not to attempt in any way to obliterate or destroy the trade secret or copyright notice in all copies of the Software.
4. Term. This license is effective until terminated. You may terminate it by destroying the Software and accompanying documentation and all copies thereof. This license will also terminate if you fail to comply with any term or provision of this Agreement. You agree upon such termination to destroy the Software and accompanying documentation and all copies thereof.
5. WARRANTY DISCLAIMER. KOFAX AND ITS SUPPLIERS HEREBY DISCLAIMS AND EXCLUDES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow certain disclaimers and limitations of warranties, so portions of the above limitations may not apply to you. This limited warranty gives you specific rights and you may also have other rights which vary from state to state.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL KOFAX OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS, DATA, GOODWILL, OR ANTICIPATED SAVINGS, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. In those jurisdictions that do not allow the exclusion or limitation of damages, Kofax’s liability shall be limited or excluded to the maximum extent allowed within those jurisdictions.
7. U.S. Government Restricted Rights. The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (b)(3) of the Right in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software – Restricted Rights at 48CFR 52.227-19, as applicable. Supplier is Kofax Image Products, Inc. 16245 Laguna Canyon Road, Irvine, California 92618-3603.
8. Export. You agree that you do not intend to and will not, directly or indirectly, export or transmit the Software or related documentation and technical data to any country to which such export or transmission is restricted by any applicable U.S. regulation or statue.
9. Miscellaneous.
(a) Severability. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.(b) Governing Law. The validity and performance of this Agreement shall be governed by California law (without reference to choice of law principles), and applicable federal law.(c) Entire Agreement; Modification. This Agreement sets forth the entire understanding and agreement between you and Kofax and may be amended only in a writing signed by both parties.(d) Third Party Code. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME.txt file. In addition to any terms and conditions of any third party opensource/freeware license identified in the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty and limitation of liability provisions in paragraphs 5 and 6 of this Agreement shall apply to all such opensource/freeware distributed with the Software.
Contact Us