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Kofax

Kofax License and Warranty Information

Summary for the Kofax License and Warranty Information (including Repair and RMA) webpage.

Kofax License Agreements

Kofax Limited Warranty Statements

Kofax Repair/RMA Information

Kofax Repair Policy

All Kofax repairs and updates are warranted for 90 days. Should you determine that you must return an item by mail, pleae open a Case with Technical Support in order to begin your Return Material Authorization process.  You can log into the Customer Portal or, if you do not have a Customer Portal login, request a Customer Portal account via the Support Portal Information article.

Out of Warranty Charges

Product

North America

International 

 

Repair

Repair

VRS Bell+Howell

$400

$400

VRS Canon

$300

$300

VRS Fujitsu

$300

$300

VRS Kodak

$400

$400

Repair: Fixes a faulty component, regardless of the severity of the problem. This is a fixed charge cost with a 90-day guarantee on materials and workmanship. All board repairs include an update to the latest revision, since a board's firmware must be up-to-date before it is repaired.

NOTE: Our goal is to repair your product as quickly as possible, and ship it back to you within three working days. We need your help to accomplish this. Please provide complete details of any product failures. Kofax may assess a charge of $150 if we cannot find a problem due to insufficient information provided by the customer.

RMA Information Form

Please open a Case with Technical Support in order to begin your Return Material Authorization process.  You can log into the Customer Portal or, if you do not have a Customer Portal login, request a Customer Portal account via the Support Portal Information article.

 

 


Kofax Capture products (Apr/18/2008)

Kofax, Inc.
Software License Agreement

ATTENTION: READ THIS FIRST
IMPORTANT – CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ("AGREEMENT") BEFORE OPENING THE SEALED DISK PACKAGE. OPENING THE DISK PACKAGE INDICATES YOUR ACCEPTANCE OF THE FOLLOWING AGREEMENT. SHOULD YOU CHOOSE NOT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY RETURN THE UNOPENED DISK PACKAGE AND ACCOMPANYING WRITTEN MATERIALS TO THE PLACE YOU OBTAINED THEM FROM FOR A COMPLETE REFUND. NO REFUND WILL BE GIVEN FOR SOFTWARE THAT HAS AN OPENED DISK PACKET OR MISSING COMPONENTS.

1. Software License.

(a) License Grant. License Grant.  Under the terms and conditions of this Agreement, Kofax, Inc. (“Kofax”) grants you the non-exclusive, non-transferable, non-sublicensable right to use the enclosed software program, in object code form only (the “Software”), on a network or standalone computer. Use of the Software by more than the specified number of concurrent users, or for the benefit of any CPU which is not a Client on the Local Area Network is expressly prohibited. 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.

(b) Volume Restrictions and Software Keys. Volume Restrictions and Software Keys.  If you received a version of Kofax Capture software under a license subject to software-based volume restrictions your use of the Software may not exceed the annual or monthly volume limits specified in the “Volume License(s)” appearing on the associated Kofax sales invoice and in the Software’s activation code; and

(c) Limited License Grant for High-Availability Back Up System. Limited License Grant for High-Availability or Disaster Recovery Back Up System. If you have been provided an additional license for a High-Availability or Disaster Recovery Back Up installation of the Software:

(i) you may install and maintain the Software on a system mirroring your normal production system for the limited purpose of using the High-Availability or Disaster Recovery Back Up version of the Software during the period in which the Software installed on your primary production system is inaccessible or non-functional due to a disaster or other unforeseen event;

(ii) Kofax reserves the right, during your normal business hours, to view the  environment in which you have installed the Software for purposes of confirming your compliance with the limited High-Availability or Disaster Recovery Back Up license.  Such audit will

(A) not unreasonably interfere with your business activities;

(B) not be conducted more than once in any twelve (12) month period (unless a prior audit revealed unauthorized installation or use of the Software);

(C) not be at your costs or expense unless unauthorized installation or use of the Software is revealed on any two (2) consecutive audits; and

(D) be conducted subject to a reasonable confidentiality agreement of your specification. 

2. License Restrictions. Kofax and its suppliers reserve 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. 

3. Ownership. No title to or ownership in the Software is transferred to you.  You acknowledge and agree that Kofax and its suppliers (including, but not limited to, Adobe Systems, Inc., and OmniPlanar) 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 acquire only a license to use the Software. The Software is the propriety product of Kofax and/or its suppliers and is protected by United States copyright laws and international provisions. You must treat the Software as any other copyrighted material with the exception that (a) you may make a single copy of the Software in non-printed machine-readable form for each Client CPU on the licensed Local Area Network, and (b) you may make a single copy of the Software solely for back-up or archival purposes, or transfer the Software to a single hard disk provided you keep the original solely for back-up or archival purposes. You agree not to attempt in any way to obliterate or destroy the trade secret or copyright notice in all copies of the Software. In no event shall you copy the documentation, or any portion thereof, accompanying the Software. You may not use, copy, modify, or transfer the Software or documentation accompanying this Software except as expressly provided in this Agreement. You agree to keep a written record of all copies of the Software made and the disposition thereof and furnish a copy of such record to Kofax upon request.

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. Limited Warranty. In the absence of any optional warranty or continuing provisions extended by a formal written agreement, Kofax warrants its Software in accordance with the following:

(a) Limited Warranty. Kofax warrants solely on its behalf and for your benefit alone, that the Software will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from your receipt of the Software (the “Warranty Period”). Kofax further warrants solely on its behalf and for your benefit alone, that the optical media on which the Software is recorded shall be free from defects in materials and workmanship during the Warranty Period and under normal use. Except as expressly provided herein, neither Kofax nor its suppliers warrant the performance or results of the Software, that the Software will meet your requirements, or that the Software will run uninterrupted or error free.

(b) Exclusive Remedy. Exclusive Remedy. Kofax’s entire liability and your exclusive remedy shall be the replacement of any media not meeting the limited warranty set forth above, provided it is returned to Kofax as set forth below. Warranty claims must be received by Kofax within the Warranty Period. In the event of a warranty claim, you shall be responsible for the removal of the defective Software, shipping charges for return to Kofax, and installation of its replacement. Replaced Software, or any part thereof, shall become the property of Kofax and shall be returned to Kofax at your expense.

6. WARRANTY DISCLAIMER. THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED BY KOFAX AND ITS SUPPLIERS. 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.

7. 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 NO EVENT WILL KOFAX’S AGGREGATE LIABILITY FOR DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF INSTANCES) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE OUT OF WHICH SUCH CLAIM AROSE. 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.

8. 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, Inc. 16245 Laguna Canyon Road, Irvine, California 92618-3603.

9. Maintenance and Upgrade Rights.

(a) Maintenance and Update Fee and Term. If the licensed user has paid the annual maintenance and upgrade (“M&U”) fee to obtain Updates (as defined below) for the purchased Software, the following terms and conditions shall also apply. If the licensed user has paid the appropriate annual M&U fee, the licensed user’s M&U rights shall begin on the date the licenses are purchased as described in the accompanying documentation and shall continue for the term of which payment has been made unless terminated sooner. During this term, Kofax may, from time to time, generally make Updates available for licensing to the public.

(b) Updates. For the purposes of this Agreement, an Update shall mean a generally available release of the same Software that was originally purchased. Upon general availability of Updates during the paid M&U term, Kofax shall provide the licensed user with one (1) copy of each such Update for each copy of the Software originally licensed by the licensed user pursuant to this Agreement to provide applicable support up to, but not exceeding, the number of user licenses you are entitled to based on your original purchase of Software for such licenses, without additional charge. Any such Updates so delivered to the licensed user shall be considered Software under the terms of this Agreement.

10. 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, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country.

11. Indemnification. You shall defend, indemnify, and hold Kofax, its officers, directors and employees, harmless from and against any and all claims, damages, losses, costs or other expenses (including reasonable attorneys’ fees) that arise directly or indirectly out of your willful misconduct or unauthorized use of the Software.

12. 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) Construction. This Agreement is deemed entered into in California, and shall be construed as to its fair meaning and not strictly for or against either party.

(d) Attorneys’ Fees. In the event of any legal action or proceeding relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees in addition to any other relief granted.

(e) Third Party Software and Related Intellectual Property. As used in this Agreement, the term ‘Software’ includes Adobe Technology and related documentation, and any upgrades, modified versions, updates, additions, and copies thereof. ‘Adobe’ and ‘Adobe PDF Library’ are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries. OmniPlanar is a third party beneficiary to this Agreement with respect to the Decode Software.

(f) Entire Agreement; Modification. 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.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND KOFAX, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND KOFAX RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

© 1994-2008, Inc. All rights reserved. Use is subject to license terms.
Third-party software is copyrighted and licensed from Kofax’s suppliers.
This product protected by U.S. Patent Nos. 6,370,277. 
THIS SOFTWARE CONTAINS CONFIDENTIAL INFORMATION AND TRADE SECRETS OF KOFAX IMAGE PRODUCTS, INC. USE, DISCLOSURE OR REPRODUCTION IS PROHIBITED WITHOUT THE PRIOR EXPRESS WRITTEN PERMISSION OF KOFAX IMAGE PRODUCTS, INC.
Kofax Image Products, Kofax, and the Kofax logo, are trademarks or registered trademarks of Kofax, Inc. in the U.S. and other countries.  All other trademarks are the trademarks or registered trademarks of their respective owners.
U.S. Government Rights Commercial software. Government users are subject to the Kofax Image Products, Inc. standard license agreement and applicable provisions of the FAR and its supplements.

 


Kofax ImageControls Toolkits (Rev A)

Software License Agreement
Single-User Products for Toolkit

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.

DEVELOPERS TOOLKIT SOFTWARE LICENSE

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

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.

U.S. GOVERNMENT RESTRICTED RIGHTS

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


INDICIUS (Jul/11/2008)

Kofax, Inc.
Software License Agreement

IMPORTANT – CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT (THIS "AGREEMENT") BEFORE INSTALLING THE SOFTWARE. BY CLICKING “I ACCEPT” AND PROCEEDING WITH THE INSTALLATION OF THE SOFTWARE YOU ARE INDICATING 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, DO NOT CLICK “I ACCEPT” AND DO NOT PROCEED WITH THE INSTALLATION OF THE SOFTWARE.

SOFTWARE SECURITY NOTICE: CONTINUED ACCESS TO THE PURCHASED FUNCTIONALITY OF THIS SOFTWARE MAY BE HARDWARE OR SOFTWARE KEY PROTECTED. IF YOU HAVE NOT BEEN PROVIDED A HARDWARE KEY, REMOTE REGISTRATION MAY BE REQUIRED. UNTIL A VALID HARDWARE KEY OR SOFTWARE KEY IS ACTIVATED, SOFTWARE FUNCTIONALITY MAY BE SEVERELY REDUCED.

  1. Software License.  

(a) License Grant. Under the terms and conditions of this Agreement, Kofax, Inc. ("Kofax") grants You a non-exclusive, personal, non-transferable, non­-sublicensable right to install the enclosed software program, in object code form only (the "Software") on Your networked or standalone computers for access and use by the quantity of users (“Seats”) specified on the applicable invoice. Installation on a network server for the sole purpose of your internal distribution of the Software is permitted only if you have purchased an individual Software license for each networked computer to which the Software is distributed. Use of the Software at or by more than the specified number of concurrent Seats is expressly prohibited.  Additional Seats may be available for additional license fees.  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. 

(b) Volume Restrictions and Software Keys.  If You received Software under a license subject to software-based volume restrictions Your use of the Software may not exceed the annual or monthly volume limits specified in the "Volume License(s)" appearing on the associated Kofax sales invoice and in the Software’s activation code; and

(c) Third Party Technologies. The Software may include or be bundled with other software programs licensed under different terms and/or licensed by a vendor other than Kofax. Use of any software programs accompanied by a separate license agreement is governed by that separate license agreement. Any third party software that may be provided with the Software is included for use at Your option. Kofax is not responsible for any third party’s software and shall have no liability for Your use of third party software. 

  1. 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. 
     
  2. Ownership.  No title to or ownership in the Software is transferred to You. You acknowledge and agree that Kofax and its suppliers (including but not limited to, OCE Document Technologies, Abbyy USA Software House,  and Pegasus Imaging)  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 acquire only a license to use the Software. The Software is the propriety product of Kofax and/or its suppliers and is protected by United States copyright laws and international provisions. You must treat the Software as any other copyrighted material with the exception that (a) You may make a single copy of the Software in non-printed machine-readable form for each Seat licensed, and (b) You may make a single copy of the Software solely for back-up or archival purposes. You agree not to attempt in any way to obliterate or destroy the trade secret or copyright notice in all copies of the Software. You may produce and maintain a number of copies of the documentation that correspond the number of Seats licensed, but you may not distribute, post or otherwise make such documentation available to third parties without the express written permission of Kofax. You may not use, copy, modify, or transfer the Software or any documentation accompanying this Software except as expressly provided in this Agreement. You agree to keep a written record of all installations and copies of the Software made and the disposition thereof, and to furnish a copy of such record to Kofax upon request. Such records must be maintained for a period of three (3) years from the date of creation.
     
  3. 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.
     
  4. Limited Warranty.  In the absence of any optional warranty or continuing provisions extended by a formal written agreement, Kofax warrants its Software in accordance with the following:

(a) Limited Warranty.  Kofax warrants, for Your benefit alone, that the Software will perform substantially in accordance with the accompanying documentation for a period of thirty (30) days from Your receipt of the Software (the "Warranty Period"). Kofax further warrants, for Your benefit alone, that the optical media on which the Software is recorded shall be free from defects in materials and workmanship during the Warranty Period and under normal use. Kofax does not warrant that the Software will meet Your requirements or that the Software will run uninterrupted or error free.

(b) Exclusive Remedy.  Kofax’s entire liability and Your exclusive remedy shall be the replacement of any media not meeting the limited warranty set forth above, provided it is returned to Kofax as set forth below. Warranty claims must be received by Kofax within the Warranty Period. In the event of a warranty claim, You shall be responsible for
the removal of the defective Software, shipping charges for return to Kofax, and installation of its replacement. Replaced Software, or any part thereof, shall become the property of Kofax and shall be returned to Kofax at Your expense. 

  1. WARRANTY DISCLAIMER.  THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED BY KOFAX. 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.
     
  2. LIMITATION OF LIABILITY. IN NO EVENT SHALL KOFAX 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 NO EVENT WILL KOFAX’S AGGREGATE LIABILITY FOR DIRECT DAMAGES TO PROPERTY OR PERSON (WHETHER IN ONE INSTANCE OR A SERIES OF INSTANCES) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE OUT OF WHICH SUCH CLAIM AROSE. 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.
     
  3. 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.
     
  4. Maintenance and Updates Rights.  

(a) Maintenance and Update Fee and Term.  If You have paid the annual Maintenance and Update (“M&U”) fee associated with the Software, the following terms and conditions shall also apply. Your M&U benefits shall begin on the date of the Kofax invoice reflecting the appropriate M&U fee. The M&U benefits are described in the accompanying Kofax documentation, and shall continue for the period for which payment of the M&U fees has been made (“M&U Term”), unless terminated sooner. During the M&U Term, Kofax may, from time to time, generally make Updates available for licensing to its licensees. 

(b) Updates. For the purposes of this Agreement, “Update” shall mean a generally available release of the Software that consists substantially of error corrections and minor modifications, and does not include major new functionality or features. Upon general availability of Updates and during the applicable M&U Term, Kofax will make such Updates available for Your download at the Kofax Support site, or, upon request shall provide You with one (1) copy of each such Update on cd-rom media.  Additional copies of Updates may be available via webdownload or on cd-rom media upon request.  Installations and access of any Updates provided hereunder shall be subject to the same restrictions as applicable to the associated Software. Any such Updates shall be considered Software under the terms of this Agreement.

  1. 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 statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission. You represent and warrant that You are not located in, under the control of, or a national or resident of any such country.
     
  2. Indemnification.  You shall defend, indemnify, and hold Kofax, its officers, directors and employees, harmless from and against any and all claims, damages, losses, costs or other expenses (including reasonable attorneys’ fees) that arise directly or indirectly out of Your willful misconduct or unauthorized use of the Software.
     
  3. Confidentiality.

(a) Confidential Information.  You hereby acknowledge that You may have access to information that is confidential to Kofax (“Confidential Information”). Confidential Information shall include the Software, including all related source and object codes, any documentation included with the Software, the terms and pricing under this Agreement, and trade secrets and intellectual property relating to Kofax and the Software. Confidential Information also includes information relating to Kofax’s business or financial affairs, such as financial results, business methods, pricing, competitor and product information and all other information designated as confidential by the disclosing party. Confidential Information shall not include any information that (i) becomes part of the public domain through no act or omission of the other party, (ii) is lawfully acquired by the other party from a third party without any breach of the third party’s obligations to the disclosing party, or (iii) is disclosed by the disclosing party to a third party without any obligation of confidentiality by the third party.  You agree to maintain the confidentiality of the Confidential Information and to protect as a trade secret any portion of Kofax’s Confidential Information by preventing any unauthorized copying, use, distribution, installation or transfer of possession of such information. You agree to maintain at least the same procedures regarding Kofax’s Confidential Information that
You maintain with respect to Your own confidential information. Without limiting the generality of the foregoing, You shall not permit anyone to remove any proprietary or other legend or restrictive notice contained or included in any material provided by Kofax.

(b) Injunctive Relief.  You acknowledge that any use or disclosure of Kofax’s Confidential Information in a manner inconsistent with the provisions of this Agreement may cause Kofax irreparable damage for which remedies other than injunctive relief may be inadequate, and You agree that Kofax shall be entitled to seek injunctive or other equitable relief to restrain such use or disclosure in addition to other appropriate remedies.

(c) Survival.  The terms and provisions of this section shall survive any termination of this Agreement for any reason.

  1. 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. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

(c) Construction.  This Agreement is deemed entered into in California, and shall be construed as to its fair meaning and not strictly for or against either party. 

(d) Attorneys’ Fees.  In the event of any legal action or proceeding relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees in addition to any other relief granted.

(e) 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.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND KOFAX REGARDING THE SOFTWARE, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT OR ADDITIONAL LICENSE TEXT ACCOMPANYING THE SOFTWARE ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND KOFAX RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

© 1994-2008, Inc. All rights reserved. Use is subject to license terms.
Third-party software is copyrighted and licensed from Kofax’s suppliers.
This product protected by U.S. Patent Nos. 6,370,277. 
THIS SOFTWARE CONTAINS CONFIDENTIAL INFORMATION AND TRADE SECRETS OF KOFAX IMAGE PRODUCTS, INC. USE, DISCLOSURE OR REPRODUCTION IS PROHIBITED WITHOUT THE PRIOR EXPRESS WRITTEN PERMISSION OF KOFAX IMAGE PRODUCTS, INC.
Kofax Image Products, Kofax, and the Kofax logo, are trademarks or registered trademarks of Kofax, Inc. in the U.S. and other countries.  All other trademarks are the trademarks or registered trademarks of their respective owners.
U.S. Government Rights Commercial software. Government users are subject to the Kofax Image Products, Inc. standard license agreement and applicable provisions of the FAR and its supplements.kofax_ktm_4.5_eula.pdf