Laserfiche WebLink
EQUITABLE THEORY, SHALL BE LIMITED TO THE AMOUNT YOU ACTUALLY <br />PAID TO LASERFICHE FOR THIS LEAP. UNDER NO CIRCUMSTANCES SHALL <br />LASERFICHE OR ITS REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD <br />PARTIES FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES <br />(INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSSES FROM BUSINESS <br />INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, OR ANY OTHER <br />PECUNIARY LOSS), REGARDLESS OF WHETHER LASERFICHE OR ITS <br />REPRESENTATIVES HAVE BEEN WARNED OF SUCH DAMAGES OR CLAIMS. NO <br />ACTION MAY BE BROUGHT AGAINST LASERFICHE OR ITS REPRESENTATIVES <br />UNDER THIS LICENSE AGREEMENT MORE THAN ONE YEAR AFTER YOU <br />KNEW OR SHOULD HAVE KNOWN OF THE FACTS WHICH GAVE RISE TO THE <br />CAUSE OF ACTION. <br />The limitations of damages or liability set forth in this Agreement are fundamental elements of <br />the basis of the bargain between Laserfiche and you. You acknowledge and agree that Laserfiche <br />would not be able to provide this product on an economic basis without such limitations. <br />OTHER TERMS AND CONDITIONS. <br />Scope of Agreement. If any provision of this Agreement is found to be unlawful, void, or <br />unenforceable, that provision shall be severed from this Agreement and will not affect the <br />validity and enforceability of any of its remaining provisions. This Agreement does not limit any <br />rights that Laserfiche may have under trade secret, copyright, patent or other laws. Laserfrche's <br />resellers, dealers and distributors are not authorized to modify this Agreement, or to make any <br />additional representations, commitments, or warranties binding on Laserfiche. <br />Limitation on Scope of Benefits. This Agreement extends only to original purchasers of the <br />LSAP and to any transferee authorized by Laserfiche and who has complied with all transfer <br />requirements of this Agreement. This Agreement extends only to the uses for which the <br />Laserfiche Software was designed. Preventive maintenance is not included. Installation, <br />deinstallation, or relocation services and operating supplies are not included. Services <br />necessitated by alterations, additions or deletions, adjustments, or repairs by anyone other than <br />Laserfiche or its authorized Representatives, and services which are necessary due to defects or <br />problems in your hardware on non - Laserfiche Software specifically excluded. Laserfiche is not <br />obligated to service or repair any system or component which has been damaged as a result of: <br />(i) accident, misuse, neglect, failure to follow instructions for proper use, care or cleaning of <br />your hardware or Laserfiche Software, (ii) an act of God such as, but not limited to, lightning, <br />flooding, tornado, earthquakes, and hurricanes, (iii) failure due to an external factor (fire, flood, <br />failures or fluctuations of electrical power or air conditioning), (iv) abuse or excessive wear and <br />tear, (v) the loading of software, software configurations or any data files, worms or viruses <br />which may corrupt your Laserfiche Software, or (vi) the moving of your system from one <br />geographic location to another or from one purchaser or entity to another. <br />Laserfiche Enterprise Software License and <br />Professional Services Agreement <br />25E -39 <br />Page 37 <br />