Welcome to Facsys Enterprise Administrator Help

Facsys™ Fax/Routing Suite of Products ("Facsys™") and its components are the property of Solgenia, USA, Inc. ("Solgenia"). You, being the End-User, may use Facsys only on the condition that you agree to the terms of this End-User License Agreement ("EULA"). This EULA is a legal agreement between you and Solgenia with respect to Facsys.

You must read this EULA carefully and understand the terms of this agreement prior to opening or installing any Facsys component covered under this agreement. If you do not agree with the terms contained in this EULA, please return the unopened product to the dealer from which you received the product and destroy all electronic copies thereof. Opening or installing any Facsys component covered under this agreement constitutes your irrevocable acceptance of the terms and conditions of this EULA.

In consideration of the payment of money by you to the vendor of the Facsys product, Solgenia grants to you a non-transferable, non-exclusive sublicense to use the components covered under this agreement, under the following terms and conditions.

1.	Components covered under this agreement. This EULA unconditionally covers the Facsys software including but not limited to the Facsys server, client, channel, gateway, rendering and any related components thereof. Facsys is available under the following license types and configurations:

Facsys Licensing Requirements. Every installation of Facsysrequires a license or combination of licenses. The type of license required is based on the method or how Facsys is to be used for fax transmission. Solgenia or a Facsys Vendor representative may assist you in deciding which licenses are best suited for your configuration.

Certain Conditions of License. Your license to use Facsys is subject to the following terms and conditions: (i) you may install and use components of Facsys only on computers for which you have acquired a license to install and use such components of Facsys, (ii) you may make copies of Facsys as may be necessary for backup and archival purposes, but for no other purposes, (iii) you may not remove or alter any copyright notices on all copies of Facsys, (iv) you may not distribute copies of Facsys to third parties, (v) you may not reverse engineer, decompile, or disassemble Facsys, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, (vi) you may not rent, lease or lend Facsys to anyone, and (vii) you must comply with all applicable laws regarding the use of Facsys.

Proprietary Rights. You agree that Solgenia retains exclusive ownership to Facsys and everything contained in or on this package, including trademarks, all documentation, computer recorded data, all techniques, processes and other elements contained in the computer program and that all such items shall continue to be the property and trade secrets of Solgenia. You shall not print, copy or reproduce Facsys in whole or in part, in any form whatsoever, except as specifically permitted by this EULA. All title, including but not limited to copyrights, in and to Facsys and any copies thereof are owned by Solgenia. All rights not expressly granted are reserved by Solgenia.

Updates. If you complete the registration form and provide to Solgenia all the information requested thereon, Solgenia may from time to time notify you of revisions or updates to Facsys if and when they become available. All such updates will be provided at a price, terms and conditions announced by Solgenia.

6.	Limited Warranty. Solgenia warrants that Facsys will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from the date of receipt.

If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or conditions lasts, so the above limitation may not apply to you.

Any supplements or updates to Facsys provided to you after the expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Solgenia, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if Facsys does not meet Solgenia's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 8 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction.

YOUR EXCLUSIVE REMEDY. If Facsys does not meet this Limited Warranty, Solgenia's entire liability and your exclusive remedy shall be, at Solgenia's option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for Facsys or (b) repair or replacement of Facsys. This Limited Warranty is void if failure of Facsys has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Facsys will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

DISCLAIMER OF WARRANTIES. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOLGENIA PROVIDES FACSYS AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO FACSYS. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO FACSYS.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Solgenia BE LIABLE FOR ANY SPECIAL, INCIDENTIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILTY TO USE FACSYS OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACCT OR BREACH OF WARRANTY OF SOLGENIA, AND EVEN IF SOLGENIA HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES.

LIMITATION OF LIABILITIY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILTIY OF Solgenia UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FORGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY SOLGENIA WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE LOWER OF (a) THE AMOUNT ACTUALLY PAID BY YOU FOR FACSYS, or (b) $5. THE FORGOING LIMITATIONS EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 7 and 8 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10.

Terms. This agreement shall be effective from the date on which you install the Facsys software or install any Facsys license or ".DAT" file and shall remain in full force until terminated by Solgenia. Without prejudice to any other rights, Solgenia may terminate this EULA if you fail to comply with the terms and conditions of this EULA. If Solgenia terminates this agreement due to your failure to comply with its terms, you must destroy the original and all copies of Facsys® or return such to Solgenia and you will promptly furnish Solgenia with a certification that the original and all copies, in any form received from Solgenia or a vendor of Solgenia products or generated in connection with Facsys have been destroyed or returned to Solgenia.

11.

Registration. This product must be registered to be considered for technical support. Solgenia reserves the right to refuse support for unregistered product(s). You may fill in and submit the registration form accompanying this license certificate or visit the Facsys website at http://www.facsys.com to register this software.

13.

Statement of Origin and Export Restrictions. Export Restrictions. You acknowledge that Facsys is of U.S. origin. You agree to comply with all applicable international and national laws that apply to Facsys, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.

14.

Miscellaneous. This EULA is governed by the laws of the State of New Jersey, U.S.A. If you acquired this Software Product in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this product was acquired outside of the United States or Canada, then local law may apply.

15.	Entire Agreement. This EULA is the entire agreement between you and Solgenia relating to Facsys and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to Facsys or any other subject matter covered by this EULA.