IMPORTANT READ CAREFULLY: This agreement is a legal agreement between you (either an individual or a single entity) and JFAX Communications, Inc. (JFAX) for the JFAX software identified above, which includes computer software and associated media, and may include online or electronic documentation. By installing, copying, or otherwise using the software, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, please do not install or otherwise use the software.
The software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The software is licensed, not sold.
JFAX grants to you a non-exclusive, limited license to use the software, pursuant to the terms hereof, only to access and manage faxes, voicemails, and other messages delivered to you through the use of JFAX products and services. You may not reverse engineer, decompile, or disassemble the software. The software is licensed as a single product. Its component parts may not be separated for use on more than one computer. You may not rent or lease the software. You may make copies of the software and transfer your rights under this agreement, provided that each recipient of the software also agrees to the terms of this agreement.
Without prejudice to any other rights, JFAX may, in its sole discretion and at any time, terminate this license. In such event, you must destroy all copies of the software and all of its component parts.
All title and copyrights in and to the software (including but not limited to any images, photographs, animations, video, audio, music, text, and applets, incorporated into the software), and any copies of the software are owned by JFAX. The software is protected by copyright laws and international treaty provisions. Therefore, you must treat the software like any other copyrighted material except that you may make copies of the software, subject to the limitations set forth herein.
NO WARRANTY; LIMITATION OF LIABILITY
THE SOFTWARE IS PROVIDED "AS IS," AND JFAX MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. JFAX DOES NOT WARRANT THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. JFAX EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
YOUR USE OF THE SOFTWARE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, INSTALLING, AND/OR USE OF FILES OR OTHER MATERIAL. YOU AGREE THAT JFAX WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF JFAX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. JFAX'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT SHALL BE THE REPLACEMENT OF ANY SOFTWARE FOUND TO BE DEFECTIVE. YOU HEREBY RELEASE JFAX FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
JFAX SHALL NOT BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF JFAX'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO THE CUSTOMER'S ELECTRONIC MAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.
IN PARTICULAR, YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF JFAX, IN EVALUATING THE SOFTWARE..
If any part of this agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect. The laws of the State of California, excluding its conflicts-of-law rules, govern this agreement and your use of the software, and you expressly agree that exclusive jurisdiction for any claim or dispute arising from the use of the software resides in the courts of the State of California.
