Captaris.com Terms and Conditions of Use

Last updated: 12/1/2006

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

These terms and conditions of use (“Site Terms”) apply exclusively to your access to, and use of, the Web site provided by Captaris, Inc. ("Captaris") at www.captaris.com (the "Site"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Captaris, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Captaris for violations of these Site Terms.

Captaris reserves the right to change or modify any of the terms and conditions contained in these Site Terms, and any other policy or guideline of the Site, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Site Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

1.Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information on the Site.

2.Copyright and Limited License

Except as otherwise indicated on the Site, the Site and all content and other materials on the Site, including, without limitation, the Captaris logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Captaris or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-exclusive, non-sublicensable license to access and use the Site and to electronically copy (except in the case of certain downloadable software, and where otherwise prohibited without a license) and print to hard copy portions of the Site Materials for your informational use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site or the Site Materials or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Captaris, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

3.Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Captaris has adopted a policy of terminating, in appropriate circumstances and at Captaris's sole discretion, the accounts of those who are deemed to be repeat infringers. Captaris may also, at its sole discretion, limit access to the Site, terminate accounts or otherwise limit activities on the Site of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

4.Copyright Complaints

If you believe that any material on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another Web site that contains material that infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to Receive Notification of Claimed Infringement:

Full Address of Designated Agent to Which Notification Should be Sent:

Telephone Number of Designated Agent:

Facsimile Number of Designated Agent:

E-Mail Address of Designated Agent: @captaris.com

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.

5.Trademarks

Captaris, RightFax, Alchemy®, the Captaris logos, __________ and any other product or service name or slogan contained in the Site are trademarks of Captaris and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Captaris or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Captaris" or any other name, trademark or product or service name of Captaris without the prior written permission of Captaris. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Captaris and may not be copied, imitated or used, in whole or in part, without the prior written permission of Captaris. All other trademarks, registered trademarks, product names and Captaris names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Captaris.

6.Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Captaris or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Captaris logo or other proprietary Captaris graphic to link to the Site without the express written permission of Captaris. Further, without Captaris's express prior written consent, you may not use, or utilize framing or similar techniques to enclose, any Captaris trademark, logo or other proprietary information, including, without limitation, the images found at the Site, the content of any text or the layout/design of any page, form or content contained on a page on the Site. Except as specifically noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Captaris or any third party.

Captaris makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of Captaris, and Captaris is not responsible for the contents of any linked site, any link contained in a linked site or any review, changes or updates to such sites. Captaris provides these links to you as a convenience only, and the inclusion of any link does not imply affiliation, endorsement or adoption by Captaris of any site or any information contained therein. When you leave the Site, our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

7.Third Party Content

Captaris may provide links to Web pages and content of third parties (collectively, "Third Party Content") on the Site as a service to those who may be interested in this information. Captaris does not monitor or have any control over, and does not endorse or adopt, any Third Party Content. Captaris makes no representation, warranty or guarantee as to the accuracy or completeness of any Third-Party Content and undertakes no responsibility to update or review any Third Party Content. Users use any links to Third Party Content, and the Third-Party Content to which such links are directed, at their own risk.

8.Advertisements and Promotions

The Site may contain advertisements and promotions for third-party products and services. Your participation in promotions of, or business dealings or correspondence with, advertisers other than Captaris, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. Captaris is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Captaris advertisements on the Site.

9.Submissions

You acknowledge and agree that any materials, including, but not limited to, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or other submissions to Captaris or any postings, uploads or other transmissions to the Site, are non-confidential and shall become the sole property of Captaris. Captaris shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

10.Forums & Other Interactive Services or Areas

The Site may include discussion forums, blogs, chat areas, online hosting or storage services or other areas or services in which you or third parties create, post or store any content, messages, materials or other items on the Site (“Interactive Areas”). You are solely responsible for your use of any such Interactive Areas and use them at your own risk. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish on or through the Site any of the following:

a. Any message, data, information, text, music, sound, photos, graphics, videos, software, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;

c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with, or lack of affiliation with, a person or entity;

e. Unsolicited promotions, political campaigning, advertising or solicitations;

f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

g. Viruses, malware, Trojan horses, worms, corrupted data or other harmful, disruptive or destructive files; and

h. User Content that, in the sole judgment of Captaris, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Captaris or its users to any harm or liability of any type.

Captaris takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Captaris liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Captaris is not liable for any statements, representations or User Content provided by its users in any public forum, personal page or other Interactive Area. Although Captaris has no obligation to screen, edit or monitor any of the User Content on the Site, Captaris reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Captaris's systems and customers, or to ensure the integrity and operation of Captaris's business and systems, Captaris may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and User Content. Captaris's right to disclose any such information shall govern over any terms of Captaris's Privacy Policy.

If you post User Content to the Site, unless we indicate otherwise, you grant Captaris and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Captaris and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post, or you otherwise have the lawful right to distribute and reproduce such User Content and to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

11.Registration Data; Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Captaris, so as to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Captaris.

12.Export Restrictions

Any software and all underlying information and technology downloaded or viewed from this Site (collectively the "Software or Technical Data") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

13. Financial Material Disclosure

Forward-Looking Statements. This Site, and any documents issued by Captaris and available through this Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements can be identified by the use of words such as "believe," "expect," "plan," "may," "will," "should," "anticipate" or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. The information contained in the most recent Captaris Annual Reports to stockholders, including information contained under the section captioned "Management’s Discussion and Analysis," as well as other information included under the caption "Risk Factors" and/or in other Captaris filings with the Securities and Exchange Commission, identifies important factors that could cause actual results to differ from those contemplated by forward-looking statements. Captaris undertakes no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.

Press Releases. The information contained within press releases issued by Captaris should not be deemed accurate or current except as of the date the release was posted. Captaris has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

Third-Party Financial Information. Captaris may provide links to third-party Web sites or services that contain financial or investment information about Captaris. Access to such Web sites and the information contained therein is provided as a service to those interested in the information. Captaris neither regularly monitors nor has control over the content of third parties' statements or Web sites. Accordingly, Captaris does not endorse or adopt these Web sites or any information contained therein, including, without limitation, analyst's reports and stock quotes. Captaris makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information or opinions of third-party Web sites or other third-party information that is referenced or identified on the Site. Users visit these Web sites and use the information contained therein at their own risk.

14.Indemnification

You agree to defend, indemnify and hold harmless Captaris, its subsidiaries, affiliates, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site, the Site Materials and any information or other content or materials on or accessible through the Site, including, but not limited to, any actual or threatened suit, demand or claim made against Captaris and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to any Site Materials or other information or content available on or through the Site, your conduct, your violation of these Site Terms or your violation of the rights of any third party.

15.Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY CAPTARIS, THE SITE, THE SITE MATERIALS CONTAINED THEREIN, THE USER CONTENT, THE THIRD PARTY CONTENT AND THE SERVICES PROVIDED ON OR IN CONNECTION WITH THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CAPTARIS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN AND ACCESSIBLE THROUGH THE SITE. CAPTARIS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY MATERIALS IN OR ACCESSIBLE THROUGH THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

CAPTARIS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS ON THE SITE. WHILE CAPTARIS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, CAPTARIS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, MALWARE AND OTHER HARMFUL COMPONENTS FROM ANY DOWNLOAD.

Captaris reserves the right to change any and all content contained in the Site and any Services offered through or in connection with the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Captaris.

16.Limitation of Liability

IN NO EVENT SHALL CAPTARIS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES OR ANY INFORMATION, CONTENT OR OTHER MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM CAPTARIS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CAPTARIS'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CAPTARIS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CAPTARIS FOR ACCESS TO OR USE OF THE SITE.

17.Applicable Law and Venue

These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.

18.Termination

Notwithstanding any provision of these Site Terms, Captaris reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.

19.Severability

If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

20.Questions & Contact Information

If you have any questions about Captaris products or services, please visit our Customer Support page to learn about our customer support services and the ways in which you may contact Captaris. If you have a question about this Web site, you may direct it to us at webmaster@captaris.com