EULA for Celiveo 8
©2011 – 2021 Celiveo Pte Ltd. All rights reserved.
Parts under license from Jetmobile Pte Ltd
Protected by US patent number: 6,889,252
Protected by Singapore patent number: 104066
Protected by Australian patent number: 2002350998
Reproduction, adaptation, or translation without prior written permission is prohibited except as allowed under the copyright laws. The information contained herein is subject to change without notice.
The only warranties for Celiveo products and services are set forth in the express warranty statements accompanying such products and services. Nothing herein should be construed as constituting an additional warranty. Jetmobile Pte Ltd and Celiveo Pte Ltd shall not be liable for technical or editorial errors or omissions contained herein.
Device and printer interfaces use technology developed by Jetmobile Pte Ltd and technology under license from Fuji Xerox, HP Inc, Konica Minolta, Lexmark, Ricoh and Xerox. Jetmobile Pte Ltd and our licensors control all intellectual property and copyrights in this product.
Celiveo is a registered trademark of Jetmobile Pte Ltd.
All other marks are the property of their respective owners.
Revision – 01/2021
PLEASE READ CAREFULLY BEFORE USING THIS SOFTWARE PRODUCT: This End-User License Agreement (“EULA”) is a contract between (a) you (either an individual or the entity you represent) and (b) Celiveo Pte Ltd (“CELIVEO”) that governs your use of the software product (“Software”).
This EULA does not apply if there is a separate license agreement between you and CELIVEO for the Software, including a license agreement in online documentation. The term “Software” may include (i) associated media, (ii) a user guide and other printed materials, and (iii) “online” or electronic documentation (collectively “User Documentation”).
RIGHTS IN THE SOFTWARE ARE OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA. BY INSTALLING, COPYING, DOWNLOADING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT ACCEPT THIS EULA, DO NOT INSTALL, DOWNLOAD, OR OTHERWISE USE THE SOFTWARE. IF YOU PURCHASED THE SOFTWARE BUT DO NOT AGREE TO THIS EULA, PLEASE RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE WITHIN FOURTEEN DAYS FOR A REFUND OF THE PURCHASE PRICE; IF THE SOFTWARE IS INSTALLED ON OR MADE AVAILABLE WITH ANOTHER CELIVEO PRODUCT, YOU MAY RETURN THE ENTIRE UNUSED PRODUCT.
1. THIRD PARTY SOFTWARE. The Software may include, in addition to CELIVEO proprietary software (“CELIVEO Software”), software under licenses from third parties (“Third Party Software” and “Third Party License”). Any Third-Party Software is licensed to you subject to the terms and conditions of the corresponding Third Party License indicated in the documentation. If the Third Party Licenses include licenses that provide for the availability of source code (such as the GNU Limited General Public License) and the corresponding source code is not included with the Software, then check the knowledge pages of CELIVEO’s website (www.celiveo.com) to learn how to obtain such source code.
2. LICENSE RIGHTS. You will have the following rights provided you comply with all terms and conditions of this EULA:
a. Use. CELIVEO grants you a license to Use one copy of the CELIVEO Software. “Use” means installing, copying, storing, loading, executing, displaying, or otherwise using the CELIVEO Software. You may not modify the CELIVEO Software or disable any licensing or control feature of the CELIVEO Software. If this Software is provided by CELIVEO for Use with a specific model of imaging or printing product (for example, if the Software is a printer driver, firmware, or add-on), the CELIVEO Software may only be used with such product and model. Additional restrictions on Use may appear in the User Documentation. You may not separate component parts of the CELIVEO Software for Use. You do not have the right to distribute the CELIVEO Software.
b. Copying. Your right to copy means you may make archival or back-up copies of the CELIVEO Software, provided each copy contains all the original CELIVEO Software’s proprietary notices and is used only for back-up purposes.
3. The CELIVEO Software is not licensed for Commercial Use under this End User License Agreement. Unless you obtain a Commercial License from CELIVEO you may not redistribute the CELIVEO software to third parties, bundle the CELIVEO software in products intended for resale, or use the CELIVEO Software to generate revenue by renting it, providing third party management, support or consulting services related to printers, printer supplies or other devices.
4. MAINTENANCE AND SUPPORT. No maintenance or support service is included in this End-User License Agreement for the CELIVEO Software. Such a service may be purchased from CELIVEO or a CELIVEO reseller as a separate Maintenance and Support Agreement.
5. UPGRADES. To Use CELIVEO Software provided by CELIVEO as an upgrade, update, or supplement (collectively “Upgrade”), you must first be licensed for the original CELIVEO Software identified by CELIVEO as eligible for the Upgrade, then have a valid support and maintenance contract from CELIVEO. To the extent the Upgrade supersedes the original CELIVEO Software, you may no longer use such CELIVEO Software. This EULA applies to each Upgrade unless CELIVEO provides other terms with the Upgrade. In case of a conflict between this EULA and such other terms, the other terms will prevail.
a. Third Party Transfer. The initial owner of the CELIVEO Software may perform a one-time transfer of the CELIVEO Software to another end user within the world region where the original purchase happened: North America, Latin America, Europe, Middle East/Africa, Australia/New Zealand or Asia. This transfer may happen if and only if the solution has not been used before that transfer as it is authorized exclusively to allow resellers to transfer license rights easily.
b. Any transfer will include all component parts, media, User Documentation, this EULA, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred Software will agree to this EULA. Upon transfer of the CELIVEO Software, your license is automatically terminated.
c. Restrictions. You may not rent, lease or lend the CELIVEO Software or Use the CELIVEO Software for commercial timesharing or bureau use.
You may not sublicense, assign or otherwise transfer the CELIVEO Software except as expressly provided in this EULA.
7. PROPRIETARY RIGHTS. All intellectual property rights in the Software and User Documentation are owned by CELIVEO or its suppliers and are protected by law, including applicable copyright, trade secret, patent, and trademark laws. You will not remove any product identification, copyright notice, or proprietary restriction from the Software.
8. LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or disassemble the CELIVEO Software, except and only to the extent that the right to do so is allowed under applicable law.
9. CONSENT TO USE OF DATA. CELIVEO and its affiliates may collect and use technical information you provide in relation to (i) your Use of the Software, or (ii) the provision of support services related to the Software.
CELIVEO will not use such information in a form that personally identifies you except to the extent necessary to enhance your Use or provide support services.
10. LIMITED WARRANTY. To the original purchaser, CELIVEO warrants the Software part loaded on the product and provided separately for ninety (90) days from the date the Product is delivered. If during this period a defect in the Software should occur, after written confirmation by CELIVEO or its distributor of the defective status, you may return the product with a copy of your receipt or other proof of payment to an authorized CELIVEO distributor, and CELIVEO will replace the Software without charge. Your sole and exclusive remedy in the event of a defect is expressly limited to a repair or replacement of the part as provided above.
CELIVEO warrants all Celiveo hardware components to be free from defects and will-at this option-repair or replace any hardware part of the product should it fail within one year from the first date of shipment. This warranty is limited to defects in workmanship or materials, and does not cover customer damage, abuse or unauthorized modification. If the hardware parts of the product fail or does not perform as warranted, your sole recourse shall be repair or replacement as described above.
CELIVEO does not warrant that the functions contained in this Product will meet your requirements that the Product operation will be uninterrupted or error free or that breach of security will never occur, or that the CELIVEO Software or hardware does not infringe any third party rights.
Information contained in the user manual is subject to change without notice and does not represent a commitment on the part of CELIVEO.
FOR PRODUCTS DELIVERED IN AUSTRALIA: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. 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.
11. LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur, the entire liability of CELIVEO and its suppliers under this EULA and your exclusive remedy under this EULA will be limited to the greater of the amount actually paid by you for the Product divided by the numbers of years it has been used by you or US$5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CELIVEO OR ANYONE ELSE WHO HAS BEEN INVOLVED DIRECTLY OR INDIRECTLY IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT DAMAGES INCURRED BY THE USE OF THIS PRODUCT.
THESE DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING:
LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS PRODUCT, OR FOR ANY CLAIM BY ANY OTHER PARTY, RELATED OR NOT TO INFRINGEMENT. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT AND MANUAL IS ASSUMED BY YOU. THE SOLE AND EXCLUSIVE LIABILITY OF CELIVEO, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE PAYMENTS MADE FOR THIS LICENSE. ANY REMEDIES SPECIFIED IN THIS LICENSE AGREEMENT ARE EXCLUSIVE. To the extent permissible, any implied warranty is limited to ninety days from purchase date. Some countries, states or other jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, in such case the above limitation or exclusion may not fully apply to you.
CELIVEO products are not suitable for use in life-support applications, biological hazard applications, nuclear control applications, or radioactive areas. You understand and agree that none of CELIVEO products or components, software or hardware, are intended for applications that provide life support or any critical function necessary for the support of protection of life, property or business interests.
12. U.S. GOVERNMENT CUSTOMERS. If you are a U.S. Government entity, then consistent with FAR 12.211 and FAR 12.212, Commercial Computer Software, Computer Software Documentation, and Technical Data for Commercial Items are licensed under the applicable CELIVEO commercial license agreement.
13. COMPLIANCE WITH EXPORT LAWS. You acknowledge that the licensed Software, Hardware and related Documentation delivered to you under this Agreement are subject to Singapore and European Union export control laws and regulations, and may also be subject to the jurisdiction in which it was obtained, if outside of Singapore or the European Union. You agree to comply with all applicable export control laws, rules and regulations applicable to the Software, Hardware and Documentation. You specifically agree that You will not export, re-export, or transfer the Software, Hardware or Documentation, in whole or in part, to any country, person, or entity subject to Singapore or European Union export restrictions. You will not, without government authorization, export, re-export or transfer the Software, Hardware or Documentation (i) to any country to which Singapore or the European Union has embargoed or restricted the export of goods or services, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country; (ii) to any end-user whom You know or have reason to know, will utilize them in the design, development, production or use of nuclear, chemical or biological materials, facilities, or weapons.
14. RESERVATION OF RIGHTS. CELIVEO and its suppliers reserve all rights not expressly granted to you in this EULA.
15. This agreement shall be constructed, interpreted and governed by the laws of Singapore. You agree that this is the complete and exclusive statement of this agreement which supersedes any prior agreement or other communication between us on this subject.
© 2011 – 2021 Celiveo Pte Ltd