Download User Guide - SmartOffice

(a) Artifex AND ITS SUPPLIERS PROVIDE THE SOFTWARE PRODUCT AND SUPPORT SERVICES (IF ANY) TO YOU “AS
IS,” AND YOUR USE IS AT YOUR OWN RISK. Artifex DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL
OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND
ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE DURATION OF ANY
IMPLIED WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED WILL BE LIMITED TO THE WARRANTY PERIOD. SOME
STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
(b) Artifex DOES NOT WARRANT THAT THE SOFTWARE PRODUCT IS ERROR FREE OR THAT YOU WILL BE ABLE TO
OPERATE THE SOFTWARE WITHOUT PROBLEMS OR INTERRUPTIONS.
6. LIMITATION OF LIABILITY.
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE
THAT NEITHER Artifex NOR ITS AFFILIATES, RESELLERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH
THIS EULA, HOWSOEVER CAUSED BY ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, CONTRACTS,
PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE, AND WHETHER OR NOT Artifex OR ITS SUPPLIERS OR
LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING
AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF
Artifex OR ANY OF ITS AFFILIATES, SUPPLIERS OR LICENSORS ARISING OUT OF OR RELATED TO THIS EULA EXCEED
THE FEES ACTUALLY PAID TO Artifex FOR THE SOFTWARE PRODUCT.
(b) YOU ACKNOWLEDGE AND AGREE THAT THE PROVISIONS UNDER THIS EULA THAT LIMIT LIABILITY, DISCLAIM
WARRANTIES, OR EXCLUDE CONSEQUENTIAL DAMAGES OR OTHER DAMAGES OR REMEDIES ARE ESSENTIAL
TERMS OF THIS EULA THAT ARE FUNDAMENTAL TO THE PARTIES’ UNDERSTANDING REGARDING ALLOCATION OF
RISK. ACCORDINGLY, SUCH PROVISIONS SHALL BE SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISIONS
AND SHALL BE ENFORCED AS SUCH, REGARDLESS OF ANY BREACH OR OTHER OCCURRENCE HEREUNDER, AND
EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS EULA TO FAIL OF ITS ESSENTIAL
PURPOSE.
7. TERM AND TERMINATION.
(a) The term of this EULA shall commence upon the date You accept the terms and conditions of this EULA, and
shall continue in full force and effect thereafter unless terminated by Artifex as provided herein. Artifex may, at its
option, terminate this EULA immediately upon notice to You, if You fail to comply with any terms and conditions of
this EULA.
(b) Upon termination, all license rights under this EULA will terminate and You must promptly destroy all copies of
the Software Product in Your possession or control. Upon Artifex’s request, You shall certify in writing that You
have complied with Your obligations under this Section and otherwise under this EULA. Termination by Artifex will
not limit any of Artifex’s other rights or remedies under this EULA or at law or in equity.
8. MISCELLANEOUS.
(a) LIMITS ON YOUR RIGHT TO TRANSFER. You may not assign, sublicense, rent, lease, lend, sell, grant a security
interest in, or otherwise transfer the Software Product or any rights under this EULA without the prior written
consent of Artifex.
(b) APPLICABLE LAW. This EULA is governed by the laws of the United States and the State of California, without
regard to the conflict of laws principles thereof. In relation to any legal action or proceeding arising out of this