Terms and Conditions

IMCapture makes information and products available on this web site, subject to the following terms and conditions. BY ACCESSING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, DO NOT USE THE SITE. IMCapture reserves the right to change these terms and conditions, and the products, services, and programs mentioned in this web site at any time, at its sole discretion, without notice. IMCapture reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved.

Use of Software

The software and accompanying documentation available to download from this web site are copyrighted by IMCapture. Use of the software is governed by the terms of the IMCapture End User License Agreement (EULA) which accompanies IMCapture (full or trial versions). You must read and accept all the terms and conditions of such License Agreement before you use the software. Any use, reproduction or distribution of the software that is not in accordance with the License Agreement is implicitly prohibited.

Use of Website

Except as otherwise indicated on this web site, IMCapture grants you the right to access and download materials, including but not limited to the software, files, images or press releases, from the Site solely for your individual and non-commercial use on the condition that you retain the copyright and other proprietary notices attached to the original materials or any copies of the materials subject to the following terms and conditions: (a) the document may be used solely for informational, personal, non-commercial purposes; (b) any copy of the document or portion thereof must include all copyright and proprietary notices in the same form and manner as on the original; (c) the document may not be modified in any way; (d) IMCapture reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice. All editions of the materials on the site are copyrighted. Any unauthorized use of any materials, web-page layout and design may violate the copyright law, trademark law or other relevant laws. With regard to any behavior of violating the provisions, IMCapture shall have right to take legal and fair remedies.

Warranties and Disclaimers

The website are supplied "AS IS". With regard to the materials and information covered on the website, including but not limited to texts, images, points of view, reviews, web pages or links, IMCapture gives no guarantee of the accuracy, completeness, sufficiency and reliability of such materials and contents in spite of its attempts to provide accurate materials and information on the Site. Any materials downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you are solely responsible for any infection of your computer system or loss of data that results from the download of any such materials or use of the Site. IMCapture definitely disclaims any responsibility of mistakes or omission of the content on the Site and any explicit or implicit warranty for the materials and information, including but not limited to the guarantees related to ownership, non-infringement of a third party's rights, quality, and having no computer virus. IMCapture may make changes to the contents of the website at any time without any notification, please visit the Site to access the up-to-date information. IMCapture disclaims all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The user must assume the entire risk of using the website and software. IMCapture assumes no liability for damages, direct or consequential, which may result from the use of the website and software, even if IMCapture has been advised of the possibility of such damages.

IMCAPTURE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THIS SOFTWARE IS ASSUMED BY YOU, AND IMCAPTURE ASSUMES NO RESPONSIBILITY FOR DEFECTS IN THE PRODUCT OR THE ACCURACY OR APPLICATION OF OR ERRORS OR OMISSIONS IN THE SOFTWARE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED. IN NO EVENT SHALL IMCAPTURE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF IMCAPTURE HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. IMCAPTURE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGES, OR COSTS ARISING OUT OF BUT NOT LIMITED TO: LOST PROFITS OR REVENUE; LOSS OF USE OF THE SOFTWARE; LOSS OF DATA OR EQUIPMENT; COST OF RECOVERING SOFTWARE, DATA, OR MATERIALS IN THE SOFTWARE; CLAIMS BY THIRD PARTIES; OR OTHER SIMILAR COSTS.

The products and/or product use licenses are provided "AS IS", without any representation or warranty of any kind, either express or implied, including without limitation any representations or endorsements regarding the use of, the results of, or performance of the product, its appropriateness, accuracy, reliability, or correctness. The entire risk as to the use of these products is assumed by the user.

IMCapture does not assume liability for the use of these products beyond the original purchase price of the software. In no event will IMCapture be liable for additional direct or indirect damages including any lost profits, lost savings, or other incidental or consequential damages arising from any defects, or the use or inability to use this software, even if IMCapture has been advised of the possibility of such damages.

IN NO EVENT SHALL IMCAPTURE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING LICENSE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE PRODUCT.

IMCapture mentions the products or solutions provided by the companies other than IMCapture in the Site just for providing related information, and such mention does not mean IMCapture's recognition or recommendation of such products or solutions.

Notices Regarding Links to/from Other Web sites and Domains

IMCapture permits anyone to link to IMCapture website. However, a website that links to IMCapture website: (a) may link to, but not replicate, content contained in IMCapture website; (b) must not create a border environment, frame, or browser around content contained in IMCapture website; (c) must not present misleading or false information about IMCapture services or products; (d) must not imply that IMCapture is endorsing or sponsoring the linker or the linkers' services or products; (e) must not use IMCapture logos or website design without prior written permission from IMCapture; (f) must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages; (g) must not contain materials that would violate any laws; (h) must agree that the link may be removed at any time upon IMCapture request.

IMCapture website may provide links to third-party websites, which are not under the control of IMCapture. IMCapture makes no representations about third-party websites. When you access a non-IMCapture web site, you do so at your own risk. IMCapture is not responsible for the reliability of any data, opinions, advice, or statements made on third-party web sites.

Feedback

Any comments or materials sent to IMCapture, including without limitation feedback, such as questions, comments, suggestions or any related information regarding the Software, this website or any other products, programs or services of IMCapture ("Feedback"), shall be deemed to be non-confidential. IMCapture shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation and shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

Copyright Statement

? All the materials, products and services covered on the Site shall be protected by the Copyright Law. IMCapture owns all copyrights unless otherwise stated. Without prior written permission of IMCapture, any content on the Site shall not be copied, distributed, photocopied, played, linked or transmitted or used for any other commercial purpose by any person in any means, unless otherwise downloaded or printed for non-commercial and individual use.

All logos, trademarks, images and graphics displayed on this Site are service marks, and/or trade dress of IMCapture. Except as explicitly permitted herein, any of the mark is not permitted to be circulated in any form or by any means by any individual or any entity.

INDEMNITY

By accessing to this Site you agree to defend, indemnify and hold IMCapture, its affiliates and their officers, directors, agents and employees harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including attorneys' fees, arising from or related to your user content, use of the Site or use of the IMCapture software, or violation of any of the Terms.

General

IMCapture may revise these Terms at any time without further notification and you should visit this page from time to time to review the latest Terms because the Terms constitute the entire agreement between you and IMCapture and are binding on your use of this Site, superseding any prior agreements between you and IMCapture relating to your use of this Site. If any provision of the Terms is held invalid by any law, rule, order or regulation of any government, such invalidity shall not affect the enforceability of any other provisions of the Terms.