Faximum ELS or PLUS Software Licence

The Software Licence Agreement

Revised 8 January 2002

THIS AGREEMENT IS A LEGAL DOCUMENT.

Before downloading or installing this software, you ought to read carefully all of the terms and conditions of this Licence Agreement. Installing the software indicates your acceptance of the terms and conditions of this Licence Agreement. If you do not agree with any part of this licence you must not install the software.

The terms and conditions of this Agreement apply to the Faximum Software including any copy.

1. DEFINITIONS
   1. "Faximum Software" means programs, data files, and related documentation supplied herewith including the "Faximum Server Software" and "Faximum Client Software" as defined below;
   2. "Faximum Server Software" means (a) those parts of the Faximum Client/Server software product that are labelled "server" or "FAXserver"; (b) all of the parts associated with the software products "Faximum ELS", "Faximum PLUS", "Faximum MFax", and "Faximum TIFF Utilities"; and (c) those parts of the Faximum Messaging Server or Faximum Messaging Gateway products intended to be installed on the UNIX or Linux system.
   3. "Faximum Client Software" means (a) those parts of the Faximum Client/Server software product that are labelled "client" or "FAXclient" and (b) those parts of the Faximum Messaging Server, Faximum Messaging Gateway, or Faximum Client/Server software products intended to be installed on Microsoft Windows.
   4. "software activation key" is a sequence of characters intended to be loaded into a file on a computer in order to enable the software to function.

2. GRANT OF LICENCE
   1. Faximum Software Inc. hereby grants you a personal, non-transferable, and non-exclusive right to use the "Faximum Software".
3. LIMITATIONS ON USE
   1. You may only use the "Faximum Software" if you have been granted a "software activation key" by Faximum Software Inc.
   2. You may only install the "Faximum Server Software" on the single machine identified with the activation key provided to you by Faximum Software Inc.
   3. You may install the "Faximum Client Software" on as many machines as you wish as long as these machines (a) are owned, controlled, or normally used by the same people or organisation as the system hosting the "Faximum Server Software", and (b) are able to communicate with the system hosting the "Faximum Server Software".
   4. If you wish to install the "Faximum Server Software" on another machine, you must either remove the "Faximum Software" from the machine on which it has previously been installed or you must purchase an additional copy of "Faximum Software" for each additional machine.
   5. You may make a reasonable number of copies of the "Faximum Software" solely for your own archival back-up purposes.
4. NON PERMITTED USES
   1. You may not reverse engineer, disassemble, reverse translate, or in any way derive from the "Faximum Software" any source code form.
   2. You may not tamper or otherwise attempt to change the "software activation key" or other identifying information stored within the "Faximum Software" or divulge to others your "Faximum Software" activation key.
   3. You may not use the "Faximum Software" on any machine after the expiration date given with your "software activation key" unless you have been issued a replacement "software activation key" with a later expiry date.
   4. You may not use the "Faximum Client Software" unless the machine on which the software is installed can communicate using TCP/IP with a machine that has installed a copy of the "Faximum Server Software" that you are licenced to use.
   5. If you have been granted a "personal non-commercial" software activation key then you must not use the software for any commercial or educational purposes nor permit it to be used by anyone other than yourself for any purposes whatsoever.
   6. The software is not designed or licensed for use in safety-critical applications (such as, but not limited to, on-line control equipment, nuclear facilities, aircraft navigation or control, or direct life support machines) where the failure of the software could possibly result in injury or damage.
5. UPGRADES
   1. It this copy of the "Faximum Software" is an upgrade from an earlier version of the software then it is provided to you on a licence exchange basis. By installing this software you agree to voluntarily terminate your earlier software licence agreement to use the earlier version of the "Faximum Software" and that you will not use the earlier version of the software nor transfer it to another.
6. OWNERSHIP and PAYMENT TERMS
   1. This licence gives you limited rights to use the "Faximum Software". Although you own the media on which the "Faximum Software" is recorded (if you purchased media for this software), you do not become the owner of, and Faximum Software Inc. retains title to, the "Faximum Software" and all copies thereof. All rights not specifically granted in this Agreement, including but not limited to those available under Canadian and International Copyrights, are reserved by Faximum Software Inc.
   2. No rights to or licence to use the registered trademark "Faximum" are granted by this agreement.
   3. You agree to accept invoices and statements from Faximum Software by email in MIME/TIFF format and that interest or other late payment charges will be calculated from the date the email is received by your email server as evidenced by our email server logs. If you are unable to accept email invoices then you are obliged to notify Faximum Software immediately and request a copy be sent by fax. Paper (i.e. hardcopy) invoices and statements may be requested but the date for interest charges shall remain the date the email version of the invoice or statement was received and not the date of receipt of the paper (hardcopy) version. There will be a charge for mailed hardcopy invoices.
   4. If Faximum Software has granted you or your company credit terms as evidenced by the issuance of an invoice then you agree that payment must be received by Faximum Software at the address below within 30 days of issuance of the invoice or else interest at the rate of 2% per month compounded monthly will apply. Furthermore you understand and agree that the interest on late payments is calculated and charged based on receipt by Faximum Software of payment and not any other date such as the postmark or date on the face of the cheque.
7. TERM
   1. This Licence Agreement is effective until terminated.
   2. You may terminate this Licence Agreement by destroying the "Faximum Software" and all copies thereof.
   3. This Licence Agreement will terminate if you fail to comply with any term or condition of this Agreement.
   4. Upon notification from Faximum Software Inc. that this Agreement has terminated, you will destroy all copies of the "Faximum Software" and you will certify to "Faximum Software" in writing that you have done so.
   5. Upon termination, there will be no refund of any monies or other consideration paid by you.
8. LIMITED WARRANTY
   1. YOU ACKNOWLEDGE AND AGREE THAT "FAXIMUM SOFTWARE" IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE WAIVED BY YOU.
   2. YOU ACKNOWLEDGE AND AGREE THAT FAXIMUM SOFTWARE INC. DOES NOT WARRANT THAT THE FUNCTIONS OF THE "FAXIMUM SOFTWARE" WILL BE ERROR-FREE OR UNINTERRUPTED.
   3. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OR INABILITY TO USE THE "FAXIMUM SOFTWARE".
   4. THE WARRANTIES HEREIN CONTAINED EXTEND ONLY TO YOU AND SHALL NOT BE APPLICABLE TO ANY OTHER PERSON OR ENTITY.
9. LIMITATION OF REMEDIES
   1. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY AGAINST FAXIMUM SOFTWARE INC., ITS AFFILIATES, CONTRACTORS, SUPPLIERS, AND AGENTS FOR LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM THE MANUFACTURE, SALE, OR SUPPLY OF THE "FAXIMUM SOFTWARE" OR ANY DEFECT OR FAILURE THEREOF REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE (INCLUDING WITHOUT LIMITATION, NEGLIGENCE, AND STRICT LIABILITY), SHALL BE REPLACEMENT OF THE "FAXIMUM SOFTWARE", PROVIDED THAT THE "FAXIMUM SOFTWARE" IS RETURNED TO FAXIMUM SOFTWARE INC. WITH A COPY OF YOUR SALES RECEIPT.
   2. NEITHER FAXIMUM NOR ITS AFFILIATES, CONTRACTORS, SUPPLIERS, OR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OF CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) SUSTAINED OR INCURRED BY YOU OR ANY OTHER PERSON IN CONNECTION WITH THE USE, OPERATION, OR INABILITY TO USE THE "FAXIMUM SOFTWARE".
   3. NO SUPPLIER, REPRESENTATIVE, OR AGENT OF FAXIMUM SOFTWARE INC. IS ENTITLED TO OFFER TO YOU ANY REPRESENTATIONS, WARRANTIES, OR INDEMNITIES WHICH ARE NOT EXPRESSLY CONTAINED IN THIS LICENCE AGREEMENT; THE LIABILITY OF FAXIMUM SOFTWARE INC. SHALL BE LIMITED AS STATED ABOVE NOTWITHSTANDING THAT FAXIMUM SOFTWARE INC. OR ANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR POTENTIAL FOR DAMAGES.
10. MISCELLANEOUS
    1. This Licence Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia (Canada).
    2. You agree that any disputes with respect to the "Faximum Software" or this Licence Agreement shall be brought in the courts of the Province of British Columbia.
    3. You agree that should any provision hereof conflict with any provision in your purchase order (if any) then this agreement supersedes the provisions of your purchase order that are in conflict notwithstanding the acceptance of your purchase order by Faximum Software, Inc.
    4. If any provision hereof shall be deemed by any court to be invalid, legality and enforceability of the remaining provisions hereof shall not be affected or impaired.
    5. This Agreement enures to the benefit of and shall be binding upon you, your successors, heirs, and assigns and Faximum Software Inc., its successors, and assigns.
    6. All provisions of this Licence are also intended for the benefit of Faximum Software Inc., and its suppliers who can enforce this Agreement without requiring your prior consent.
    7. Some jurisdictions do not allow the exclusion of implied warranties; if so, only those limitations of warranty which are specifically prohibited by law notwithstanding contractual provisions to the contrary will not apply to you.
    8. You understand that during your evaluation period and, if you have ordered the software, until payment in full has been received by Faximum Software (including any interest for late payments) the software activation key that you will be issued will be time limited and will not function after the date that appears on the software activation key. You agree to take such steps are you consider necessary to ensure that the expiry of any temporary key and the resulting cessation of the operation of the software does not cause any harm.
11. ACKNOWLEDGEMENT
    1. BY INSTALLING ANY PART OF THE "FAXIMUM SOFTWARE" YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT SUPERSEDES ALL PRIOR AGREEMENTS AND UNDERSTANDINGS BETWEEN YOU AND FAXIMUM SOFTWARE INC. RELATING TO THE "FAXIMUM SOFTWARE" AND IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS AND CONDITIONS OF YOUR AGREEMENT WITH FAXIMUM SOFTWARE INC.

RESTRICTED RIGHTS LEGEND

Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause in DFARS 252.227-7013. Rights for non-DOD U.S. Government Departments and Agencies are as set forth in FAR 52.227-19(c) (1,2).

SPECIAL LEGAL NOTICE CONCERNING GUNZIP The gunzip utility that may be included in this distribution to uncompress the installation files is Copyright (C) 1992-1993 Jean-loup Gailly and provided under the terms of the GNU General Public License. A copy of this licence is provided in the file COPYING.gz. To read this file uncompress it first using the gunzip utility. If this file is missing, please contact Faximum Software for a copy of the GNU GPL.