THE SOFTWARE CONTAINED IN THIS PACKAGE IS NOT FOR SALE.
The recognition product you have purchased includes intangible Software subject to the following license terms and conditions.
Please read the following license before you install the software media package. If you do not agree to the terms and conditions of this License, you may apply to your supplier for a full refund provided that the software and any copies are permanently erased from any magnetic media.
SINGLE COPY SOFTWARE LICENSE
THIS IS A SINGLE COPY SOFTWARE LICENSE granted by CALERA RECOGNITION SYSTEMS, INC. ("CALERA"). A California corporation, with its mailing address at 475 Potrero Avenue. Sunnyvale. California. 94086. The software is licensed to you as the end user. It is not sold.
1. The Software enclosed is copyrighted material. Once you have paid the required single copy license fee, you may use the Software for as long as you like provided you do not violate the copyright and if you follow these simple rules:
1.1 You may use the Software on any computer for which it is designed so long as no more than one person uses it at any one time. You must pay for additional copies of the Software if more than one person will be using it at the same time on one or more computers.
1.2 You may make no more than three (3) copies of the Licensed Software for backup purposes, and all such copies, together with the originals, must be kept in your possession or control. You may only transfer the software to another it you transfer the originals and all copies retaining no copies for yourself.
1.3 You may not make any changes or modifications to the Licensed Software. and you may not decompile, disassemble, or otherwise reverse engineer the Software. You may not rent or lease it to others. You may not use it on a computer network unless only one person can use it at a time.
1.4 If this copy of the Licensed Software is an update to an earlier version of the Licensed Software, it is provided to you on an exchange basis. The acceptance of an updated copy of the Licensed Software shall result in the voluntary termination of your earlier License and of all rights to use or transfer the earlier version of the Licensed Software to another.
2. The Software provided with this package is Commercial Computer Software under Federal Government Acquisition Regulations and agency supplements to them. The software is provided to the Federal Government and its agencies only under the Restricted Rights Provisions of the Federal Acquisition Regulations applicable to commercial computer software developed at private expense and not in the public domain. The use, duplication, or disclosure by the Government is subject to restrictions as set forth in subdivisions (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at 252.227-7013.
3. In no case shall CALERA'S liability exceed the price paid for the product and for the license fee to use the Software.
4. This License constitutes the entire agreement and understanding between the parties and supersedes and prior agreement or understanding whether oral or written, relating to the subject of this License. This License may only be modified by a written agreement signed by CALERA.
LIMITED WARRANTY
FOR CALERA RECOGNITION PRODUCTS
CALERA recognition products employ complex statistical recognition algorithms to identify scanned test. Some documents may be processed with a high degree of accuracy, however poor quality documents, certain typefaces, complex layout, lower resolutions and poor quality or irregular image scanners may make it difficult or impossible for the products to process pages with satisfactory accuracy. As a result CALERA's performance warranty is based on the system's handling of sample data-a printed paper copy and a sample image of the Recognition Test Sheet-to assist in assessing image quality problems. Copies of the Recognition Test Sheet are available upon request from CALERA.
1. What is Covered by the Warranties. CALERA warrants that the magnetic media which the software is recorded on (it any), the products documentation, the recognition processor (if any), and any other hardware provided by CALERA are free from defects in materials and workmanship under normal use. CALERA warrants that the software, recognition processor, and other hardware will perform substantially in accordance with the specifications set forth in the documentation and will process the Recognition TestSheet provided with the specified standard of accuracy for image scanners in proper working order.
2. Duration of the Warranties. The above express warranties are made for a period of six (6) months from the date the products are delivered to you as the first user.
3. Repair or Replacement. CALERA or its Reseller will repair or replace any hardware, software, documentation or magnetic media which proves detective in materials, workmanship, or must be corrected to meet the warranted performance, without additional charge, on an exchange basis, as described below.
4. Final Remedy. If CALERA is unable to replace detective hardware, documentation, or defective media, or if CALERA is unable to make the product perform to its specifications within a reasonable time, CALERA will either replace the entire package with a functionally similar product or refund the purchase price of the package.
S. Exclusion of Other Warranties. CALERA does not warrant that the product will meet your requirements or that its operation will be uninterrupted or error free. The warranty does not cover any board, component, media, or documentation which has been subjected to damage or abuse. The warranty does not cover any product or component which has been altered or changed in any way by you or others. CALERA is not responsible for problems caused by your scanner if it was not provided by CALERA, changes in the operating characteristics of the computer hardware or operating system, or any upgrades or modifications to these items that are made after the delivery of CALERA's product to you.
6. ANY IMPLIED WARRANTIES INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE TERM OF THE EXPRESS WARRANTIES. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
7. CALERA OR ITS RESELLERS SHALL NOT IN ANY CASE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM ANY BREACH OF THESE WARRANTIES EVEN IF CALERA OR ITS AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. Your Obligations Under the Warranties. If you have any problems with your CALERA system, contact your RESELLER. Your RESELLER is equipped to install and provide service for your system and will provide you warranty service. If your RESELLER is not solving your difficulties. you may call CALERA's Technical Support department for assistance or an authorization to return any defective item to CALERA during the warranty period. Technical Support hours are 8:00 a.m. to 5:00 p.m. Pacific Time, CALERA holidays excepted, and the telephone number is 408-720-0999. Collect calls will not be accepted. The Technical Support representative will help you diagnose and correct any apparent problem to the extent possible through telephone support.
9. Other Warranty Conditions. The warranties set forth above are in lieu of all other warranties, whether oral, written, express, or implied and the remedies set forth above are your sole and exclusive remedies. Only an authorized officer of CALERA may make modifications to this warranty, or additional warranties binding on CALERA. Accordingly, additional statements such as advertising or presentations, whether oral or written, do not constitute warranties by CALERA and should not be relied upon as such. This Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
