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You shall inform all users of the Licensed Software of the terms and conditions of this Xerox Software Agreement. Neither Xerox Printer Software nor Xerox Server Software may be utilized in any timesharing, Internet or service bureau-type utilization or distribution. Xerox is not responsible for any non-Xerox litigation expenses or settlements unless it preapproves them in writing. To avoid infringement, even if not alleged, Xerox may, at its option, obtain any necessary licenses, modify or substitute an equivalent software product, or refund the price paid for the Licensed Software less the reasonable rental value for the period it was available to you.
Xerox is not liable for any infringement-related liabilities outside the scope of this paragraph, including but not limited to, infringement based upon the Licensed Software being used in combination with equipment, software or supplies not provided by Xerox or being modified to your specifications.
You expressly acknowledge and agree that use of the Licensed Software is at your sole risk. Definitions: 1. License Necessary: Support for the Licensed Software is contingent upon you having in effect a valid license with Xerox to use the Licensed Software. Term: Software Support shall be available for three hundred sixty five days from the delivery date of the Office Fax Pro product and is subject to renewal upon the mutual agreement of both parties.
Such fees will be due within thirty 30 days of your receipt of such invoice. Such fees are exclusive of any local, state or federal sales, use or any other applicable taxes, the payment of which are your responsibility. Contacts: You agree to designate two persons, one of whom shall be the primary and the other of whom shall be the backup respecting your communications with Xerox relating to Software Support under this Agreement.
Such persons shall be the only person s whom Xerox is obligated to communicate with under this Agreement. Except as otherwise specified below, communications may be effected by telephone, mail including e-mail or fax. Elements of Software Support for this Agreement: 1.
Software Support will be provided as follows: a. Software Support will consist of the following: a. Telephone, mail, fax or e-mail support to resolve Licensed Software problems, Monday — Friday, Xerox holidays excluded, telephone support may also be unavailable during periods of unscheduled emergencies and meetings.
Customers in the United States can call or TTY , 7 days a week, 24 hours a day. Please have the serial number of your Xerox product when you call. Provision of Patches to you within a reasonable time after they become available. Xerox does not guarantee that it will fix a Licensed Software problem or issue a Patch for any Licensed Software problem. Patches released by Xerox will only be issued for the then most current release of the Licensed Software.
You will not export or re-export the Licensed Software without appropriate United States or foreign government licenses or for any purpose prohibited by any applicable export control laws. This Agreement constitutes the entire agreement between the parties in connection with the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements as to that subject matter. The pre-printed terms and conditions contained in any purchase order or other ordering document submitted with respect to the Licensed Software shall have no binding effect on Xerox and shall not modify this Agreement in any way.
No amendment to or modification of this Agreement will be binding unless it is in writing and signed by a duly authorized representative of each of the parties. When used in this agreement the term "Xerox" shall mean Xerox Corporation, its operating companies, subsidiaries and affiliates. If you are installing the Software on behalf of the end user you must agree that you are acting as an agent of the end user customer before proceeding.
As agent for the end user you hereby agree that you have either; 1 read and agree to the terms of this Agreement as authorized by the end user, or 2 you have made the end user aware of the license terms and the end user has explicitly accepted them. Xerox grants to you a non-exclusive, non-transferable license to use the Software on the Xerox-brand equipment on which it was delivered or, if delivered separately, on a single item of equipment.
You have no other rights to the Software and may not: 1 distribute, copy, modify, create derivatives of, decompile, or reverse engineer Software; 2 activate Software delivered in an inactivated state; or 3 allow others to engage in same. You may make archival or back-up copies of the Software, provided each copy contains all of the copyright and other proprietary notices contained on the original Software and such copies and is used only for back-up purposes.
The Software may include code developed by one or more third parties. Some third party materials included in Software may be subject to other terms and conditions found in a "ReadMe" file accessible with the Software as a download, on media on which the Software may be delivered, or in equipment documentation.
If the third party terms and conditions include licenses that provide for the availability of source code such as the GNU General Public License , the "ReadMe" file, the media on which the Software may be delivered, or the equipment documentation contain the source code or provides instructions where a copy of such source code can be obtained.
Xerox will pay any settlement agreed to by Xerox or any final judgment for, any claim that Software infringes a third party's valid United States patent or copyright, provided that you promptly notify Xerox in writing of any alleged infringement, allow Xerox to direct the defense, and fully cooperate with Xerox. Xerox is not responsible for any non-Xerox litigation expenses or settlements unless Xerox agrees to them in writing.
To avoid infringement, even if not alleged, Xerox may, at its option, and at no charge to you, either obtain a license, provide a replacement for the Software or remove or request that you remove the Software. Xerox will not be liable for any infringement-related liability outside the scope of this section, including, without limitation, infringement based upon the Software being modified to your specifications or due to the Software being used in combination with equipment, software or supplies not provided by Xerox.
Notwithstanding any damages that you might incur, the entire liability of Xerox and its licensors under this Agreement and your exclusive remedy will be limited to the greater of the amount actually paid by you for the Software or U.
Xerox may terminate your license for the Software i immediately if you no longer use or possess the equipment with which the Software was provided or are a lessor of the equipment with which the Software was provided and your first lessee no longer uses or possesses it, ii upon the termination of any agreement under which you have rented or leased the equipment with which the Software was provided, or iii immediately in the event of a breach by you.
If terminated as provided above, you shall return to Xerox all copies of the Software, and remove same from all equipment into which such Software may have been loaded by you. The Software is provided with Restricted Rights. Disclosure, use or reproduction of the Software and accompanying documentation are subject to restrictions set forth in the Commercial Computer-Restricted Rights clause at Federal Acquisition Regulation In the event any provision hereof is declared by competent authority to be invalid, illegal or unenforceable under any applicable law, to the extent permissible under applicable law, any such invalid, illegal or unenforceable provision shall be deemed amended lawfully to conform to the intent of the Parties.
Any delay or omission by either party to exercise any right or remedy under this Agreement will not be construed to be a waiver of any such right or remedy or any other right or remedy.
All of the rights of either party under this Agreement will be cumulative and may be exercised separately or concurrently. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its choice of laws provisions, and disputes shall be adjudicated or otherwise decided in the forums therefor located in the State of New York.
Local law may require that certain laws of your country of residence apply to some sections of this Agreement, including but not limited to, requiring this Agreement to be governed by the laws of your country of residence. You will not export or re-export the Software without appropriate United States or foreign government licenses or for any purpose prohibited by any applicable export control laws. This Agreement constitutes the entire agreement between the parties in connection with the subject matter hereof, and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between the parties.
Equipment may be supported and serviced using data that is automatically collected by Xerox from equipment via electronic transmission from the equipment to a secure off-site location.
If the Software is downloaded by you to a laptop or desktop computer, the Software may additionally collect product registration information, including customer supplied name and customer supplied site name. All such data will be transmitted in a secure manner specified by Xerox. The automatic data transmission capability will not allow Xerox to read, view or download the content of any of your documents residing on or passing through equipment or any or your information management systems, nor will it collect user name or user job specific data.
Your information may be transmitted, stored and processed in the United States or any other country in which Xerox or its designated servicers or subcontractors maintain facilities. For information on disabling this feature, visit xerox. Software used to evaluate or maintain Xerox equipment "Diagnostic Software" may be embedded in, reside on, or may be loaded onto Xerox equipment. The Diagnostic Software and method of entry or access to it constitute valuable trade secrets of Xerox.
You agree that a your acquisition of the equipment does not grant you a license or right to use Diagnostic Software in any manner, and b that unless separately licensed by Xerox to do so, you will not access, use, reproduce, distribute, or disclose Diagnostic Software for any purpose or allow third parties to do so.
You agree at all times to allow Xerox to access, monitor, and otherwise take steps to prevent unauthorized use or reproduction of Diagnostic Software and to remove or disable Diagnostic Software.
Xerox grants to you a non-exclusive, non-transferable license to use the Software on the Xerox-brand equipment "Equipment" on which it was delivered or, if delivered separately, on a single item of equipment. Software may include or incorporate software provided by Microsoft Corporation "Microsoft Software". In addition to all other terms and conditions of this Agreement, the following applies to Your installation and use of Microsoft Software. You may not: i sell, lease, loan, sublicense, or use the Microsoft Software for commercial software hosting services; ii publish any benchmark results for the Microsoft Software; iii work around any technical limitations in the Microsoft Software; or iv separate components of the Microsoft Software and install them on different pieces of equipment.
The Software may include code developed by one or more third parties "Third Party Software". Some Third Party Software may be subject to other terms and conditions that may be found in an open source software disclosure package provided with the Software or available for download with the product documentation.
Notwithstanding the terms and conditions of this Agreement, the Third Party Software is licensed to you subject to the terms and conditions of the software license agreement identified in the open source software disclosure. If the third party terms and conditions include licenses that provide for the availability of source code such as the GNU General Public License , the open source software disclosure or the media on which the Software may be delivered will contain the source code or provide instructions where a copy of such source code can be obtained.
Certain models of Equipment are supported and serviced using data that is automatically collected by Xerox or transmitted to or from Xerox by the Equipment connected to Customer's network "Remote Data" via electronic transmission to a secure off-site location "Remote Data Access". Remote Data Access also enables Xerox to transmit to Customer Releases for Software and to remotely diagnose and modify Equipment to repair and correct malfunctions. Remote Data will be transmitted to and from Customer in a secure manner specified by Xerox.
Remote Data Access will not allow Xerox to read, view or download the content of any Customer documents or other information residing on or passing through the Equipment or Customer's information management systems. Customer grants the right to Xerox, without charge, to conduct Remote Data Access for the purposes described above.
Unless Xerox deems Equipment incapable of Remote Data Access, Customer will ensure that Remote Data Access is maintained at all times maintenance or support services are being provided.
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