UMAX Scanner UC 1200 SE Driver
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UMAX Scanner UC 1200 SE Driver
Whereas Pixel UMAX Scanner UC 1200 SE developed certain software products; and Whereas Kofax desires to license certain of the software developed by Pixel for integration and use within certain software products developed by Kofax: Now therefore, Pixel and Kofax agree as follows: Pixel hereby agrees to deliver to Kofax one object code copy of each of the Products described on Schedule 1 hereto and licenses Kofax to duplicate and sublicense all or portions of such Products to its customers, but only integrated within software products of significant value developed by Kofax which are licensed for use on a single computer.
Kofax will not remove any copyright notices which Pixel shall place in the Products, and a copyright notice stating "Portions of this product, Copyright c, Pixel Translations, Inc. Kofax shall not reverse engineer, decompile, or disassemble any object code delivered by Pixel.
Kofax shall only sublicense the object code subject to a signed or shrink-wrap license agreement UMAX Scanner UC 1200 SE contains all of the restrictions set forth on Exhibit A hereto. Pixel also hereby agrees to deliver to Kofax one copy of the source code described on Schedule 2 hereto and licenses Kofax to use such source code, but only for purposes of supporting, modifying or enhancing the object code otherwise licensed to Kofax pursuant to this Agreement.
Kofax shall not under any circumstances be permitted to duplicate any source code delivered by Pixel, other than for archival purposes, or to sublicense any other party to use such source code. Kofax agrees to treat all source code delivered by Pixel under any circumstances as a confidential trade secret of Pixel and to safeguard all UMAX Scanner UC 1200 SE of such source code. Kofax agrees to pay Pixel the license fees set forth on Schedule 3 hereto with respect to the Products.
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In addition to the license fees set forth on Schedule 3 hereto, Kofax shall pay, or reimburse Pixel for, the gross UMAX Scanner UC 1200 SE of all shipping charges and any present or future sales, use, excise or similar tax or any customs duty applicable to the license or furnishing of any Products under this Agreement. In lieu of a specific tax, Kofax may provide Pixel with a tax exemption certificate acceptable to the applicable taxing authority.
Kofax will provide Pixel, without charge, promptly upon commercial release by Kofax, with one copy of, and one fully paid object code license to use, any software licensed or sold by Kofax which contains any portion of any of the Products, including any Product Enhancement or Product Update.
SANE: Backends (Drivers)
During the term of this Agreement, Kofax shall also provide Pixel with reasonable use for evaluation purposes, at Pixel's facilities, of any hardware products sold by Kofax which contain any portion of any of the Products. When a Product Update, a Product Enhancement or an additional product is delivered to Kofax pursuant to this Agreement, it shall be added to the Products deemed to be described on Schedule 1 to this Agreement and Kofax UMAX Scanner UC 1200 SE have the license rights set forth in Section 1.
In addition, when a Product Update or a Product UMAX Scanner UC 1200 SE is delivered to Kofax pursuant to this Agreement, to the extent that any source code which Kofax has been licensed to use pursuant to Section 1. During the term of this Agreement, Pixel shall deliver to Kofax, for the support fees set forth on Schedule 3 hereto, all Product Updates which Pixel releases for the Products licensed by Kofax under this Agreement.
UMAX Scanner UC 1200 SE purposes of this Agreement, a "Product Update" shall mean a revised version of a Product which is required due to minor modifications or additions by the provider of hardware or software which interacts with the Product or is otherwise released by Pixel, in its discretion, as a "Product Update". To the extent that creating the revisions to a Product required as a result of the modifications or additions by a provider of hardware or software requires more than eight hours of skilled professional labor by Pixel, Pixel may, in its discretion, release the revised version of the Product as a Product Enhancement rather than a Product Update.
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Pixel shall deliver to Kofax, for the support fees set forth on Schedule 3 hereto, four Product Enhancements per complete calendar year during the term of this Agreement, for the ISIS Drivers licensed by Kofax as Products under this Agreement. The UMAX Scanner UC 1200 SE of Pixel to provide such Product Enhancements shall be subject to the availability of an adequate number of new or substantially modified available scanners desktop scanners in production release, free from substantial defects for the environment.
Pixel's obligation to provide any Product Update pursuant to Section UMAX Scanner UC 1200 SE. To the extent that Pixel and Kofax agree in writing, such additional products may be added to this Agreement, upon such additional terms and conditions as may be agreed by Pixel and Kofax in writing. Pixel will provide telephone support for the Products during Pixel's normal business hours for the support fees set forth on Schedule 3 hereto during the term of this Agreement.
During the term of this Agreement, as part of Pixel's support obligation, Pixel will use commercially reasonable efforts to respond to and correct defects in the Products identified by Kofax within the following time periods in working days: Kofax has tested samples of the Products and has made its own determination that the Products meet the requirements of Kofax.
Pixel warrants to Kofax only that each UMAX Scanner UC 1200 SE delivered under this Agreement will perform substantially in accordance with the specifications set forth in Exhibit B.
This warranty is made for a period of one year from the date of delivery of the Product to Kofax the "Warranty Period". UMAX Scanner UC 1200 SE the extent that Kofax advises Pixel in writing during the Warranty Period that a Product does not perform substantially in accordance with the specifications set forth in Exhibit B with respect to such Product, Pixel shall correct the defect within a reasonable time period.
If Pixel is unable to correct the defect within a reasonable period of time, or in its discretion elects not to undertake, or to discontinue, efforts to correct the defect, Pixel will refund any license fees paid by Kofax with respect to the defective Product.
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These are Kofax's sole and exclusive remedies for any breach of warranty. The express remedies set forth in this Agreement are in lieu of all obligations or liabilities on the part of Pixel for damages resulting from breach of warranty, breach of contract, negligence or on any other legal theory. The limitations on remedies, liability and damages set forth in this Agreement, and the corresponding allocations of risks, are essential elements of the bargain between the UMAX Scanner UC 1200 SE and are knowingly agreed to UMAX Scanner UC 1200 SE both parties.
Neither Pixel nor Kofax shall by reason of the termination of this Agreement under any circumstances be liable to the other for compensation, reimbursement or damages on account of the loss of prospective profits on anticipated sales, or on account of expenditures, investments, leases or commitments in connection with the business or goodwill of Pixel or Kofax, or otherwise. Pixel will defend, at its own expense, any claim, suit or proceeding brought against Kofax to the extent it is based upon a claim that any software licensed by Pixel to Kofax pursuant to this Agreement infringes upon any patent, copyright or trade secret of any third party.