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right to decline to support any Hardware or Software that has not been on con-
tinuous support with Captaris or has been modified by Customer or a third
party without Captaris's responsible for paying Captaris's then-current stan-
dard charges to restore such Hardware or Software to a condition or version
acceptable to Captaris prior to Captaris starting Support Services.
Product Support Services do not include: (i) onsite services and expenses con-
nected with the installation, configuration, relocation, or reconfiguration of the
Hardware and/or Software; (ii) the cost of tools, accessories, media or other
expendables required by Captaris to perform any Support Services; or (iii)
maintenance or support of operating system software. Captaris does not pro-
vide a Product on loan.
4.
Supported Versions of Software Upon the release of new Software, Captaris will
continue to support the two major releases prior to the new release as follows:
a.
The release immediately prior to the new release will be supported indefinite-
ly.
b.
The release prior to that will be supported for sixty (60) days following the of-
ficial release of the new release.
For example: When new release Version 3 is released and officially an-
nounced on March 1, Version 2 will be supported indefinitely. Version 1 will be
supported through April 30 of the same year.
5.
Limited WarrantyCaptaris WILL PERFORM THE SUPPORT SERVICES WITH REA-
SONABLE EFFORTS AND QUALIFIED PERSONNEL. IN CONNECTION WITH THE
SUPPORT SERVICES RENDERED AND THE COMPUTER SOFTWARE, HARDWARE
AND DOCUMENTATION PROVIDED BY Captaris IN THE COURSE OF PROVIDING
SUCH SERVICES, Captaris MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTIC-
ULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6.
Limited Liability/Disclaimer of Damages Captaris SHALL NOT BE LIABLE FOR
COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS, INTER-
RUPTION OF BUSINESS, OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL OR IN-
CIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF
WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR UNDER AN
OTHER THEORY OF LIABILITY, EVEN IF Captaris HAS BEEN ADVISED OF THE POS-
SIBILITY OF SUCH DAMAGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO
EVENT WILL Captaris'S TOTAL LIABILITY UNDER THIS AGREEMENT FOR ALL
CLAIMS CUSTOMER OR ANY THIRD PARTY OF WHATEVER NATURE EXCEED MON-
IES PAID BY CUSTOMER TO Captaris PURSUANT TO THIS AGREEMENT DURING
THE PRIOR TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LI-
ABILITY, MINUS ALL CLAIMS PREVIOUSLY PAID HEREUNDER. THIS LIMITATION
IS CUMULATIVE FOR ALL CLAIMS HOWSOEVER ARISING. THE LIMITATIONS
ABOVE SHALL APPLY EVEN IF THE REMEDIES PROVIDED IN THIS AGREEMENT
SHALL FAIL OF THEIR ESSENTIAL PURPOSE.
FaxPress User Guide
User Guide > Support Services Terms and Conditions
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