The maintenance subscription program ensures that you have the very latest version of Re:mark. For one low cost, all new versions of Re:mark will be shipped to you, automatically, as soon as they are released. A maintenance subscription entitles you to all upgrades for a full 12 months from the time of software purchase. Additionally, it entitles you to preferred telephone support, for one designated user, for that period. Please call 415-428-0160 or e-mail [email protected]
Product Support 152
Product Support
Ambia Corporation offers continuing support in the form of electronic mail (e-mail), FAX and telephone assistance. If you have difficulty in using the program, we suggest you read the on- line help instructions available from within the program (this document) and consult the other materials that accompany the product. They contain answers to most questions, including frequently asked support questions.
If your question is not answered by reading the documentation, we prefer that you contact us by: A. E-mail your questions to: [email protected]. E-mail questions are
automatically routed to Ambia’s Product Support department personnel throughout the day. This is the fastest and easiest way to get answers. Please include your product version number (found by selecting the Help | About Plug-Ins | Re:mark command in Acrobat Exchange), serial number, and complete postal address.
E-mail questions will be answered within a few hours of receipt. The pace of e-mail is unpredictable, however, and it may take a few more hours for the response to be posted to your e-mail account.
B. If you do not have access to e-mail, FAX your question to the Ambia Product Support department (415-428-0163). We do our very best to answer all Faxes within 24 hours. Please include your complete address and phone number, product version number, and serial number.
C. If you do not have access to e-mail or a FAX machine, then please give us a call to
schedule a call-back from a support engineer (415-428-0160). Our hours are 9:00 a.m. to 5:00 p.m. Pacific Time, Monday through Friday, except holidays and Christmas week. Please have your serial number (on the floppy disk) and product version number available (from the Help | About Plug-Ins | Re:mark command).
Before you contact us for product support, it is essential that you gather all information relating to the problem. This makes it easier for our support engineers to assist you.
End-User License Agreement 154
End-User License Agreement
BY INSTALLING OR USING THIS SOFTWARE YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT INSTALL THIS SOFTWARE ON YOUR COMPUTER OR, IF YOU HAVE ALREADY DONE SO, YOU SHOULD IMMEDIATELY REMOVE IT FROM YOUR COMPUTER AND RETURN THE ENTIRE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.
PARTIES. This is a software license agreement ("Agreement") for the use of the accompanying software
("Software") between Ambia Corporation ("Licenser") and you. Ambia Corporation is located at 1953 Landings Drive, Mountain View, CA 94043, USA. Phone: 415-428-0160. E-mail: [email protected]. Internet: http://www.ambia.com.
GRANT OF LICENSE. Subject to payment of applicable license fees, Ambia Corporation grants you a non-exclusive license to use the Software and the accompanying materials in the manner described under the “Scope of Grant.” If you would like to purchase a license to the Software, contact Ambia Corporation at the address given above.
LIMITED WARRANTY. Ambia Corporation warrants to you (and not any transferee) during the "Warranty Period" that: (i) the Software diskettes and printed materials, if provided by Ambia Corporation, are free from any physical defects; and (ii) the Software will perform substantially in accordance with the accompanying written materials. The "Warranty Period" shall extend for a period of ninety (90) days after the date you acquired the Software. Any implied warranties on the Software are limited to the Warranty Period. Some jurisdictions do not allow limitations on duration of an implied warranty, so the above may not apply to you. If the Software diskettes or printed materials contain physical defects, or the Software does not perform as warranted above, Ambia Corporation’s entire liability and your exclusive remedy shall be, at Ambia Corporation’s option, either (a) return of the license fees paid for the Software; or (b) repair or replacement of the defective diskette, material, or Software, as the case may be, if it is returned to Ambia Corporation at the address above or to the location where you obtained it along with name and address and your receipt. This limited warranty is void if the failure of the Software resulted from accident, abuse or misapplication. The warranty period for any replacement Software will be the remainder of the original warranty period or thirty (30) days, whichever is longer. This limited warranty gives you specific legal rights. You may have others, which vary from jurisdiction to jurisdiction.
SCOPE OF GRANT. The licenses granted hereby allow you to use the Software on a single computer. You may not distribute copies of the Software to others. You can transfer the entire program to another computer provided you delete all copies of the Software on all other computers, and that the Software can be used on only ONE computer at a time. This license includes the right to make one copy of the Software solely for backup purposes. Any copies made must include all copyright notices appearing on the Software.
USE RESTRICTIONS. You may not electronically transfer the Software from one computer to another over a network. You may not sell, lease, rent or otherwise distribute copies of the Software to others. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software, in whole or in part. Any rights to use the Software, and all other rights relating to the Software, not expressly conferred on you by this Agreement are hereby retained by Ambia Corporation.
OWNERSHIP. The Software (including all copies) is owned by Ambia Corporation and is protected by United States copyright laws and international treaty provisions. Ambia Corporation retains title, ownership and intellectual property rights in the Software. Except as expressly provided in the “Scope Of Grant” paragraph above, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in the Software or the accompanying material.
TERM. This license will terminate automatically if you fail to comply with the limitations described herein. You must destroy the original and any copies of the Software and the accompanying materials and documentation upon any such termination.
LIMITATION OF LIABILITY. In no event shall Ambia Corporation or its suppliers be liable for any damages
whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use the Software, even if Ambia
Corporation is advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
DISCLAIMER OF WARRANTIES. AMBIA CORPORATION DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE OR THAT IT WILL OPERATE WITHOUT INTERRUPTION. AMBIA CORPORATION DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING MATERIALS.
End-User License Agreement 156
U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and accompanying material are provided with
RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(l)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227- 7013 or subparagraphs (c)(l) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Ambia Corporation, Inc., 1953 Landings Drive, Mountain View, CA 94043.
CHOICE OF LAW. This Agreement will be governed by and construed under the laws of the United States and the State of California as applied to transactions taking place wholly within California between California residents. You and Ambia Corporation acknowledge that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from application to this Agreement.
VENUE. All disputes regarding this Agreement shall be resolved in a court of competent jurisdiction within the State of California. By using the Software, you expressly confer upon the state and federal courts in California jurisdiction over you.
REMEDIES. You agree that, in the event of your breach of any of the foregoing provisions, Ambia Corporation will not have an adequate remedy in money or damages. Therefore, Ambia Corporation shall be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request. Ambia Corporation's right to obtain injunctive relief shall not limit its right to seek any other remedies to which it may be entitled.
SEVERABILITY. In the event that any provision of this Agreement shall be deemed unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and the remainder of this Agreement shall remain enforceable and valid. The court or determining body shall enforce and interpret the remainder of the Agreement so as to best accomplish the intended objectives and economic effects of the agreement.
ATTORNEYS’ FEES. In the event that Ambia Corporation commences any action or proceeding to enforce this Agreement, or to prevent you from unauthorized use of the Software, the party prevailing in such action or proceeding shall be entitled to recover from the other party all of the prevailing party’s costs and expenses (including attorneys’ fees and court costs), as well as all such fees, costs and expenses incurred in any appeal and in any collection effort.
BINDING EFFECT. This Agreement shall be binding on and inure to the benefit of the heirs, successors and assigns of Ambia Corporation and you.
NO WAIVER. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party of its right to enforce such rights in the future.
ENTIRE AGREEMENT. You acknowledge that you have read this License, understand it and that it is the complete and exclusive statement of Your agreement with Ambia Corporation which supersedes any and all prior agreements regarding the Software, oral or written, between you and Ambia Corporation. No variation of the terms of this
Agreement will be enforceable against Ambia Corporation unless Ambia Corporation gives its express written consent signed by an officer of Ambia Corporation. This agreement supersedes any agreement printed on the envelope containing disks for the Software.
Ambia Corporation, 1953 Landings Drive, Mountain View, CA 94043, USA. Phone: 415-428-0160. Fax: 415-428-0163 e-mail: [email protected]. Internet: http://www.ambia.com.