1.1 READ THESE KOFAX WEBSITE TERMS OF USE ("TERMS") CAREFULLY. KOFAX, INC. AND ITS AFFILIATES ("KOFAX") PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN KOFAX AND YOU, AND YOU ACCEPT THEM BY: (a) USING THE WEBSITE IN ANY OTHER MANNER; AND/OR (b) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
1.2 This website ("Website") may include, without limitation, various tools for use by prospective customers, customers, marketing and reselling affiliates (collectively the "Services"); (b) information such as technical, contractual, product, program, pricing, marketing, and other valuable information ("Information"); and (c) content such as data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"). Kofax controls and operates its websites from various locations and makes no representation that this Website is appropriate or available for use in all locations.
2.1 In consideration of Your use of the Website, You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration form on the Website (the "Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any information You provide to Kofax, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data.
2.2 You are entirely responsible for all Content that You upload, post or otherwise transmit via the Website. You agree not to upload, post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Kofax or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses.
2.3 You agree that You will not use the Website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be Kofax or someone else; (c) forge headers; (d) misrepresent your affiliation; (e) disrupt the normal flow of dialogue; (f) engage in illegal activities; or (g) collect or store personal data about other users unless specifically authorized.
3.1 You may obtain direct access via the Website to certain confidential information of Kofax and its suppliers or customers ("Confidential Information"). You must hold Confidential Information in strict confidence.
3.2 Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or Kofax's written request, You must cease use of Confidential Information and return or destroy it.
4.1 Kofax does not claim ownership of the Content You place on the Website. Unless otherwise stated, any Content You provide shall be deemed to be provided on a nonconfidential basis.
4.2 Kofax does not routinely monitor Content, but Kofax and its designees reserve the right to monitor, restrict access to, edit or remove any Content that is available via the Website.
Kofax will attempt to deliver all of the e-mail that is addressed to Your e-mail address on Kofax's Services. However, the nature of e-mail is such that Kofax cannot guarantee delivery of such e-mail.
You agree to indemnify and hold Kofax and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, Your use of or connection to the Website, Your violation of the Terms, or Your violation of any rights of another.
Kofax may provide notice to You via email, regular mail, or posting notices or links to notices on the Website. Kofax reserves the right at any time to modify, suspend or terminate the Services. Kofax may amend these Terms at any time by posting the amended terms on this Website.
Kofax may run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with advertisers other than Kofax are solely between You and such advertiser.
You may find links to other Internet sites or resources on the Website. You acknowledge and agree that Kofax is not responsible for the availability of such external sites or resources, and does not endorse any content, advertising, products, or other materials on or available from such sites.
10.1 The Information and Content on this Website are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property rights. Except as expressly provided herein, Kofax and its suppliers do not grant any express or implied rights to use the Information and Content.
10.2 "Kofax Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Kofax uses in connection with its products and services.
10.3 Kofax is committed to respecting others' intellectual property rights, and we ask our users to do the same. If You believe that Your work has been copied, please contact our webmaster at [email protected].
11.1 YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS.
11.2 KOFAX MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS.
12.1 TO THE FULL EXTENT PERMITTED BY LAW, KOFAX IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE.
You consent to the collection, processing and storage by Kofax of Your personal information in accordance with the terms of Kofax's Privacy Policy. You agree to comply with all applicable laws and regulations.
14.1 The Terms constitute the entire agreement between You and Kofax relating to their subject matter.
14.2 You agree that any material breach of Sections 2, 3, 4, 6, and 10 of the Terms will result in irreparable harm to Kofax for which damages would be an inadequate remedy.
14.3 California law and controlling U.S. federal law govern any action related to the Terms and/or Your use of the Website. You and Kofax agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, California, U.S.A.