Celiveo End User License Agreement
installing, using, or copying the Celiveo Software, you accept and agree to be
bound by the terms of this EULA. IF YOU DO NOT AGREE TO ALL OF THE TERMS
OF THIS EULA, DO NOT DOWNLOAD, INSTALL, USE OR COPY THIS SOFTWARE.
©2011 - 2017 Celiveo Pte
Ltd. All rights reserved.
Under license from Jetmobile Pte Ltd
Parts under license from
JetCAPS International Business Strategy SAS
Protected by US patent number:
Protected by Singapore patent
Protected by Australian patent
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 Jetmobile 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 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 Canon Inc, Fuji Xerox, HP
Inc, Lexmark, Konica Minolta, Ricoh and Xerox and 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 - 11/2017
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) Jetmobile 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.
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.
LICENSE RIGHTS. You will have the
following rights provided you comply with all terms and conditions of this
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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
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 fails 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.
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.
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
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.
RESERVATION OF RIGHTS. CELIVEO and
its suppliers reserve all rights not expressly granted to you in this EULA.
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.
(c) 2011 - 2017
Celiveo Pte Ltd