IMPORTANT - CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE OPENING THIS SEALED DISK PACKAGE. Opening this disk package indicates your acceptance of the following License Agreement. Should you choose not to be bound by the terms and conditions of this License Agreement ("Agreement"), promptly return the unopened disk package and accompanying written materials to obtain a complete refund. No refunds will be given for products that have an opened package or missing components.
1. License. Under the terms and conditions of this agreement, Kofax Image Products ("Kofax") agrees to grant to you the right to use one copy of the enclosed software programs ("Software") for application development purposes only on a single terminal connected to a single computer (a single CPU). You may not network this Software or otherwise use it on more than one computer or computer terminal at one time.
2. Copyright. This Software is the proprietary product of Kofax or its suppliers and is protected by the United States copyright laws and international provisions. You must treat the Software as any other copyrighted material with the exception that you may either (1) make a single copy of the Software solely for back-up or archival purposes, or (2) transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. You may not use, copy, modify, or transfer the software or documentation, or any copy, except as expressly provided in this agreement. You may not duplicate the written materials accompanying the Software.
3. Transfer Restrictions. You may not lease or otherwise rent the Software, but you may transfer the Software and accompanying written materials on a permanent basis provided the recipient agrees to the terms of this Agreement. You may not disassemble, reverse engineer, or decompile the Software.
4. Term. This license is effective until terminated. You may terminate it by destroying the Software and 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 all copies of the Software and documentation.
5. Other Restrictions. You may not modify the Software. Kofax grants to you a royalty-free right to reproduce and distribute runtime modules of the Software provided that you: (1) distribute the runtime modules only in conjunction with and as part of your software product; (2) do not use Kofax's name, logo, or trademarks to market your software product without Kofax's express written authorization; (3) include Kofax's copyright notice for the Software on your product label and as part of the sign-on message for your software product; and (4) agree to indemnify, hold harmless and defend Kofax from and against any claims or lawsuits including attorney's fees, that may arise or result from the use or distribution of your software product. The runtime modules are those files in the Software required during execution of your program. The runtime modules are limited to runtime files, install files, and rebuild files.
LIMITED WARRANTY ON MEDIA. To the original licensee only, Kofax warrants the magnetic media on which the software is recorded to be free from defects and faulty workmanship under normal use and service for a period of 180 days from the date the software is shipped. If, during this 180 day period, a defect in the media should occur, the media may be returned to Kofax and Kofax will replace the media without charge to you, provided that you have returned the enclosed Software Registration Card. Your sole and exclusive remedy in the event of a defect is expressly limited to replacement of the media as provided above. If the failure of the media results from accident, abuse or misapplication of the disk, then Kofax shall have no responsibility to replace the media under the terms of this limited warranty.
LIMITATION OF WARRANTY. Kofax does not and cannot warrant: (i) that the performance or results that may be obtained by using the software or (ii) that the software is appropriate for your purposes or that it is error free. ACCORDINGLY, THE SOFTWARE AND ITS DOCUMENTATION ARE LICENSED "AS IS" WITHOUT WARRANTY AS TO THEIR QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE IS ASSUMED BY YOU.
LIMITATONS OF LIABILITY. Neither Kofax nor anyone else who has been involved in the creation, production or delivery of this software shall be liable for any direct, incidental or consequential damages, such as, but not limited to, loss of anticipated profits or benefits, loss, resulting from the use of the software or arising out of any breach of any warranty. Except as expressly provided above, Kofax shall have no liability for any claim of any kind or nature, included but not limited to Kofax's negligence, arising out of or in any way related to this agreement, or in connection with any user or other employment or another licensed software licensed to you hereunder, whether such liability arised from any claim based upon contract, warranty, or otherwise, which may be asserted by you.
SPECIAL NOTICE TO CONSUMERS - Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. The warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some states do not allow exclusion or limitation of incidental or consequential damages, so the above limitation of exclusion may not apply to you.
This Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subdivision (b) (3) (ii) of The Rights in Technical Data and Computer Software clause at 252.227-7013. Contractor/manufacturer is Kofax Image Products, Inc., 16245 Laguna Canyon Road, Irvine, CA 92618.
This Agreement is governed by the laws of the State of California.
10000000-000 A