CapturePoint End User License Agreement
- “Process Fusion Inc.” or “PFI” or “We” means Process Fusion Inc. registered at 6699 Campobello Road, Mississauga, Ontario, Canada L5N 2L7.
- “A user” or “An end user” or “You” means whoever accesses or uses the capturepoint.ca domain or related services with or without paying the service fee.
- “CapturePoint” is the brand name of the cloud service created by Process Fusion Inc..
- “CapturePoint:Transformer” or “the service” is a fee-based document transformation service running on a device (including computer, multifunction or mobile device) or on the cloud.
- “Activation” means the procedure whereby the activation code is checked for validity.
- “Try” means that a user accesses or uses, with the purpose of evaluating the service, for free. We reserve the rights to limit the features as needed.
- “Intellectual Property” means the Confidential Information, and any trade secrets, copyrights, inventions, works, Trade-marks, logos, designs, distinctive names, commercial symbols, domain names, materials (including but not limited to User Documentation, books, pamphlets, manuals, questionnaires, checklists, bulletins, technical bulletins, memoranda, administration bulletins, business processes and best practices, presentation templates, training materials, memoranda, videos, tapes, charts, letters, notices or other publications or documents prepared by or for Process Fusion Inc., as may be modified from time to time) and insignia developed, owned, or provided by Process Fusion Inc. in connection with this Agreement.
- “Service” means any services provided by Process Fusion Inc. to you.
- Subject to the terms and conditions of this Agreement, Process Fusion Inc. grants to you and you accept, a non-exclusive, non-transferable, limited license:
- (a) to install and use the Software on a single computer or other device; or
- (b) to install and use the Software on a file server for use on a network for the purposes of:
- (i) permanent installation onto hard disks or other storage devices, or
- (ii) use of the Software over such network.
- A license for the Software may not be shared, installed nor used concurrently on different computers, unless provided for by this Agreement.
- By installing or using the CapturePoint:Transformer application running on a computer, multifunction device or a mobile device, you signify your agreement with the terms and conditions specified in this agreement. Although we may attempt to notify you when major changes are made on this terms of service agreement, you should periodically review the most up-to-date version. Process Fusion may, in its sole discretion, modify or revise the terms at any time, and you agree to be bound by such modification or revisions.
- We may collect information related to personal identifiable information, including your name, your organization name, address, email address and telephone number, when you access our website or service. Your personal identifiable information may be collected during the service is purchased, activated and/or supported. We collect personal identifiable information so that you can be contacted for questionnaires/surveys, new product announcements, service changes or renewal notices. As the service may be provided to you via our affiliates, we may share your personal identifiable information with our affiliates for ongoing communications purpose.
- We may collect activities information, including cookies and web beacons. Unlike the personally identifiable information, activities information does not directly identify a particular person. It can potentially linked to a particular computer or device. We collect activities information so that we can run or enhance our service based on the hardware device characteristics.
- We may collect anonymous information that does not identify you but the information can be used for statistical analysis for product enhancement purpose.
General Use of Services
- You agree not to use the service to rent use the service for service bureau or time-sharing purpose or in any other way allow third parties to exploit the service. You agree not to charge a fee to any party to for access to or use of the service.
- You shall not assign, transfer or sub-license your rights under this Agreement except as provided for under this Agreement.
- You agree that the services are to be provided on an “as is” and “as available” basis. You use the services at your own risk. To the fullest extent permissible pursuant to applicable law, PFI disclaims all warranties of any kinds, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
- You agree to use the service only for lawful purposes and not for unauthorized copying, duplication, distribution, display or modification of any material or information protected by copyright or trademark or otherwise lawfully restricted. You will not use the services for any purpose that is contrary to applicable laws or which is a nuisance. You agree not to transmit any material that is unwanted, threatening, abusive, obscene, discriminatory (including, without limitation, “hate” literature directed at any identifiable group) or in contravention of any law. You agree not to undertake mass-mail broadcasts of electronic mail (e-mail) or other means of electronic communications with the intent of sending unsolicited advertising to other users of the Internet.
- You will be responsible for the actions and activities of any party who uses the Services whether or not such person used the identification and password with the User’s consent or knowledge.
- A waiver by either party of any term or condition of this Agreement will not be deemed a waiver of the term for the future, or of any subsequent breach of it.
- The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision. Such invalid or unenforceable provision shall be deemed to be severed from this Agreement and the Agreement shall be construed as if such provision was never inserted into it.
PFI will provide the services using currently available technology and will avoid using any hardware, software or methods known to threaten User security. Beyond that, PFI makes no warranties of any kind, whether expressed or implied, in relation to the accuracy, safety or quality of the Services with the exception of those outlined in this agreement. PFI does not guarantee the privacy of files or E-mail or the security of any computer used to access the Services. PFI has no responsibility for any damage suffered by any person, organisation, group or entity due to loss of data, delay, non-delivery or service interruptions in using the Services, whether or not caused by the negligence, errors or omissions of PFI or those for whom it is responsible at law. PFI exercises no control and has no responsibility whatsoever over the information passing through the Services. Use of any information obtained through the Services is at the User’s sole risk and User assumes full responsibility for the accuracy, reliability, quality or effect of information obtained through the Services. The User specifically waives any right to any consequential damages as a result of any failure of the Services, including, without limitation, loss of data or hardware, and under no circumstances will PFI be liable to the User or any other party for any amount greater than the amounts paid by the User for Services, even in the event of the negligence of PFI or a fundamental breach of this Agreement. The User agrees to indemnify and hold harmless PFI, their subsidiaries, successions, assigns, officers, directors, employees and agents from any and all claims resulting or arising from this Agreement, the User’s use of the Services and any breach of this Agreement by the User whether or not caused by the negligence or omission of PFI or those for whom it is responsible at law.
No action, regardless of form, arising out of this Agreement, may be brought by you more than two (2) years after the facts giving rise to the cause of action have occurred, whether those facts by that time are known to or reasonably ought to have been discovered by you.
These Terms shall be governed and construed in accordance with the laws of the province of Ontario, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.