Remote Data Access also enables Xerox to transmit to Customer Releases for Software and to remotely diagnose and modify Equipment to repair and correct malfunctions. Disclosure, use or reproduction of the Software and accompanying documentation are subject to restrictions set forth in the Commercial Computer-Restricted Rights clause at Federal Acquisition Regulation Notwithstanding any damages that you might incur, the entire liability of Xerox and its licensors under this Agreement and your exclusive remedy will be limited to the greater of the amount actually paid by you for the Software or U. When used in this agreement the term “Xerox” shall mean Xerox Corporation, its operating companies, subsidiaries and affiliates. In the event any provision hereof is declared by competent authority to be invalid, illegal or unenforceable under any applicable law, to the extent permissible under applicable law, any such invalid, illegal or unenforceable provision shall be deemed amended lawfully to conform to the intent of the Parties.
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Remote Cdntre Access also enables Xerox to transmit to Customer Releases for Software and to remotely diagnose and modify Equipment to repair and correct malfunctions.
Disclosure, use or reproduction of the Software and accompanying documentation are subject to restrictions set forth in the Commercial Computer-Restricted Rights fx document centre 236 pcl 6 at Federal Acquisition Regulation In addition to all other terms and conditions of this Agreement, the following applies to Your installation and use of Microsoft Software. Software used to evaluate or maintain Xerox equipment “Diagnostic Software” may be embedded in, reside on, or may be loaded onto Xerox equipment.
Local law may require that certain laws of your country of residence apply to some sections of this Agreement, including but not limited to, requiring this Agreement cntre be governed by the laws of your country of residence.
All of the rights of either party under this Agreement will be cumulative and may be exercised separately or concurrently.
Xerox grants to you a non-exclusive, non-transferable license to use the Software on the Xerox-brand equipment “Equipment” on which it was delivered or, if delivered separately, on a single item of equipment. Click “Accept” to download, click “Decline” to cancel.
Any delay or omission by either party to exercise any right or remedy under this Agreement will not fd construed to fx document centre 236 pcl 6 a waiver of any such right or remedy or any other right or remedy.
Xerox is not responsible for any non-Xerox litigation expenses or settlements unless Xerox agrees to them in writing. In the event any docu,ent hereof is declared by competent authority to be invalid, illegal or unenforceable under any applicable law, to the extent permissible under applicable law, any such invalid, illegal or unenforceable provision fx document centre 236 pcl 6 be deemed amended lawfully to conform to the intent of the Parties.
Xerox will pay any settlement agreed to by Xerox or any final judgment for, any claim that Software infringes a third party’s valid United States patent or copyright, provided that you promptly notify Xerox in writing of any alleged infringement, allow Xerox to direct the defense, and fully cooperate with Xerox.
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English GlobalEnglish N. Fx document centre 236 pcl 6 may include or incorporate software provided by Microsoft Corporation “Microsoft Software”. Customer grants the right to Xerox, without charge, to conduct Remote Data Access for the purposes described above.
Notwithstanding any damages pc you might incur, the entire liability of Xerox and its licensors under this Agreement and your exclusive remedy will be limited to the greater of rocument amount actually paid by you for the Software or U.
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No amendment to or modification of this Agreement will be binding unless it is in writing and signed by a duly authorized representative of each of the parties. Some Third Party Software may be subject to other terms and conditions fx document centre 236 pcl 6 may be found in an open source software disclosure package provided with the Software or available for download with fx document centre 236 pcl 6 product documentation.
The Diagnostic Software and method of entry or access to it constitute valuable trade secrets of Xerox. Xerox will not be liable for any infringement-related liability outside the scope of this section, including, without limitation, infringement based upon the Software being modified to your specifications or due to the Software being used in combination with equipment, software or supplies not provided by Xerox.
If any provision of this Agreement is held invalid by any law, rule, order or regulation of any ecntre, or by the final determination of any state or federal court, such invalidity will not affect the enforceability of any other provisions not held to be invalid.
Xerox may terminate your license for the Software i immediately if you centrre longer use or possess the equipment with which the Software was provided or are a lessor of the equipment with which the Software was provided and your first lessee no longer uses or possesses it, ii upon the termination of any agreement under which you have rented or leased the equipment with which the Software was provided, or iii immediately in the event of a breach by you.
You will not export or re-export the Software without appropriate United States or foreign government licenses or for any purpose prohibited by any applicable export control laws. Certain models of Equipment are supported and serviced using data that is automatically collected fx document centre 236 pcl 6 Xerox or transmitted to or from Xerox by the Equipment connected to Customer’s network “Remote Data” via electronic transmission to a secure off-site location “Remote Data Access”.
This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its choice of laws provisions, and disputes shall be cenyre or otherwise decided in the forums therefor located in the State of New York. You agree that a your acquisition of the equipment does not grant you a license or right to use Diagnostic Software in fx document centre 236 pcl 6 manner, and b that unless separately licensed by Xerox to do so, you will not access, use, reproduce, distribute, or disclose Diagnostic Software for any purpose or allow third parties to do so.
Notwithstanding the terms and conditions of this Agreement, the Third Party Software is licensed to you subject to the terms and conditions of the software license agreement identified in the open source software disclosure. If you are installing the Software on behalf of the end user you must agree that you are acting as an agent of the end user customer before proceeding.
This Agreement constitutes the entire agreement between the parties in connection with the subject matter hereof, and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, fx document centre 236 pcl 6 the parties. You agree to meet all requirements fx document centre 236 pcl 6 to ensure that the Federal Government will honor such rights.
When used in this agreement the term “Xerox” shall mean Xerox Corporation, its operating companies, subsidiaries and affiliates. Unless Xerox deems Equipment incapable of Remote Data Access, Customer will ensure that Remote Data Access is maintained at all times maintenance or support services are being provided. If the third party terms and fx document centre 236 pcl 6 include licenses that provide for the availability of source code such as the GNU General Public Licensethe open source software disclosure or the media on which the Software may be delivered will contain the source code or provide instructions where a copy of such doxument code can be obtained.
The Software may include code developed by one or more third parties “Third Party Software”. Remote Data Access will not allow Xerox to read, view or download the content of any Customer documents or other information residing on or pc through the Equipment or Customer’s information management systems.
If terminated as provided above, you documemt return to Xerox all copies of the Software, and remove same from all equipment into which such Software may have been loaded by you.