LIMITED END-USER LICENSE AGREEMENT FOR THE PAPERCUT HIVE™ and PAPERCUT POCKET™ SOFTWARE
IMPORTANT: This license is a legal agreement between you and PaperCut Software International Pty Ltd for the PaperCut Hive software, including software for computers and certain mobile devices (collectively the “Software”). You should read this license carefully before completing the installation and using the Software. By installing, copying or otherwise using the Software, you agree to be bound by these terms. If you aren’t happy to agree to these terms then please do not install or use the Software.
- This is an agreement that includes a license for you to install and use the Software subject to your ongoing compliance with certain terms. When we say “you” we mean you as the individual person who will use the Software on your computer and/or phone. When we say “we” we mean PaperCut Software International Pty Ltd, the company that owns the Software. If you’re installing software on both your computer and an Apple device, some slightly different terms will apply to the iOS version of the software due to the App Store rules. You’ll be able to see and accept these terms when you download the App from the App Store.
- From the point that you accept these license terms, we grant you a limited, non-exclusive license to use the Software subject to the terms of this license agreement. You can install and use the one instance of the Software on your main work computer, and one instance on the phone you’ll be using to access the PaperCut Hive functionality.
- Subject to any separate commercial agreements between you, us and/or our commercial partners who resell or support the Software, You or we can terminate the license at any time. Upon termination you’ll need to stop using the Software and to delete it from any devices you installed it on. After termination, you must continue to abide by obligations that remain relevant under this agreement, including (but not limited to) obligations regarding our intellectual property and confidential information.
- If you’re using the Software as part of a trial or evaluation period: You must not sell the Software; You must not use it after the trial or evaluation period that has been communicated to you or your organization; and any express warranties or guarantees in this agreement or its supporting documentation will not apply. The Software will be licensed to you “as-is”, and you bear the entire risk as to the Software’s performance. You may have additional consumer rights under your local laws which this agreement cannot change, however to the extent required by law, we exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- If the Software is restricted for use in a particular geographic region (either by documentation accompanying the Software, or due to the operation of domestic or international export laws and regulations) then you must only use the Software in accordance with such documentation, laws and regulations. You acknowledge that you are responsible for the location in which the Software is used and are therefore responsible for ensuring that the usage is legal.
- The normal functioning of the Software may require your device to access the internet. Your usage of the internet in conjunction with the Software will be subject to the charges and terms imposed by the internet provider. You are responsible for understanding and complying with the terms of your (or your organization’s) agreements and for ensuring that you have the appropriate permission to connect to (or share information about) any particular network.
- We may need to update the Software, and if you do not accept the update then you acknowledge that means it might not work anymore. For some operating systems, you may be asked to download a separate piece of software to help the Software work properly. If this is the case, different license terms will apply to that separate software, such as someone else’s license or an open-source license. If that software is open source, you may choose not to download it if you wish, and the applicable license terms will be available within the source code or download bundle containing the open-source software.
- The Software, the data it generates and the way it works remains our confidential information, except to the extent the information is deliberately made public by us. You must keep our confidential information safe and secret.
- The Software is licensed to you, but ownership in it, and any intellectual property under our ownership or control, remains with us. Any new data which the Software generates due to your usage will also be owned by us (not including data that contains the intellectual property of you or any third party), but while this agreement remains in-force, we license this data to you to the extent you need it to properly use the Software.
- You must not copy, sell, lease, alter, reverse engineer, decompile or otherwise mess with the Software. You must not work around any technical restrictions or limitations in the Software. You must not remove our brand from the Software or use the Software to develop any end-user product that does the same kind of thing that the Software does. You must not use the Software with the internet or any local network in any way that could interfere with anyone else’s use of them. If you want to do anything other than just use the Software in accordance with its instructions, you’ll need to get our permission first. But don’t be afraid to ask!
Please take a minute to make sure you understand:
- There’s no guarantee that this Software will work right. There could be some surprises! You accept the Software “as is” and acknowledge that under this agreement we make no warranty as to its use, performance or otherwise. We (or our partners) may have made particular promises in our separate agreements with you or your organization, but those are not part of this license agreement. To the maximum extent permitted by law, we exclude any implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- To the maximum extent permitted by law, we will not be liable for any costs of substitute products or services, or for any special, incidental, indirect or consequential damages whatsoever (including, without limitation, damages for loss of profits, business interruption, or loss of business information) arising out of this agreement or your use of the Software. In any case, our liability for damage under any aspect of this agreement is limited to the amount paid by you for the particular instance of the Software that caused that damage. Remember, this is the license between us and you as an individual - if your organization suffers any issues then we’ll handle those under our separate agreement(s) with them.
- If the Australian Consumer Law applies, the Software comes with guarantees that cannot be excluded under the Australian Consumer Law (“ACL”). You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The benefits that we provide to consumers under any warranty against defects are in addition to any other rights or remedies a consumer may have in respect of these goods or services under the ACL.
- To the extent permitted by law, our liability for a failure to comply with any statutory guarantee is limited to one or more of the following, at our option:
the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; the payment of the cost of having the goods repaired, unless it is not legally considered fair or reasonable for us to rely on this term of the agreement.
- If You are resident, domiciled or incorporated in the USA, this agreement will be governed by the laws of the State of Oregon, USA, without regard to its conflict of law principles. The parties submit to the exclusive jurisdiction of the courts in the State of Oregon. You hereby agree any claims will be brought exclusively in the federal or state courts located in Oregon and the parties hereby irrevocably consent to the personal jurisdiction and venue of the courts located in Oregon for the purpose of litigating any and all such claims.
- If You are resident, domiciled or incorporated in the United Kingdom, this agreement will be governed by the court of England and Wales, without regard to its conflict of law principles. The parties submit to the exclusive jurisdiction of the courts of England and Wales. You hereby agree any claims will be referred to and finally resolved by arbitration under the London Court of International Arbitration (LCIA) Rules and the parties hereby irrevocably consent to the personal jurisdiction and venue of the courts located in England for the purpose of litigating any and all such claims.
- In all other cases, this agreement will be governed by the laws of the State of Victoria, Australia, without regard to its conflict of law principles. The parties submit to the exclusive jurisdiction of the courts in the State of Victoria, Australia.
Categories: PaperCut Pocket and Hive KB Articles
Keywords: EULA, end user license agreement