Terms of Service
Thanks for choosing PaperCut Views! We know your time is important, but we do need to make sure you understand what it means to use PaperCut Views. To help get you through this process, we’ve explained what each part means, and what our intention is, in plain English. Our lawyers have been busy, but we have too!
Last revised on September 28, 2016
Just making sure we’re all on the same page about who’s who. In particular, please make a note of what we mean when we mention “you” or “your”, in terms of your organization.
In these terms:
- “PaperCut Views Service”
- means our cloud-based printer network monitoring service
- “PaperCut Views Software”
- means our software that is installed on your system in connection with the PaperCut Views Service
- “us”, “we” and “our”
- refer to PaperCut Software International Pty Ltd ACN 124 440 400
- “you” and “your”
- refer to the person who downloads and/or uses the PaperCut Views Software and/or PaperCut Views Service. If you download and/or use the PaperCut Views Software and/or PaperCut Views Service in your capacity as an employee of another person or organization, “you” and “your” also refer to that person or organization.
Acceptance of these terms
By using the PaperCut Views service, you (and your organization) are entering into a legal agreement with us, and agree to the terms found here.
These terms govern your use of the PaperCut Views Software and PaperCut Views Service.
By downloading, installing and/or using the PaperCut Views Software or PaperCut Views Service, you enter into a legally binding contract with us on these terms.
You must not use the PaperCut Views Software or PaperCut Views Service unless you accept these terms.
Changes to these terms
We’re always looking to improve PaperCut Views and provide you with new and exciting features. This means we may need to change our Terms of Service from time to time (i.e. our lawyers will tell us to change them…)
But don’t worry - we’ll never try to sneak changes past you - we’ll try to keep you informed when something is different.
We may change these terms from time to time, and will endeavor to provide you with reasonable notice of any changes. By continuing to use the PaperCut Views Software and/or PaperCut Views Service, you shall be taken to have accepted the changes. If you do not accept the changes, you must not use the PaperCut Views Software or PaperCut Views Service.
Your eligibility to use the PaperCut Views Software and PaperCut Views Service
We’re mainly checking that we’ve got the right details… and that we’re not upsetting the people upstairs (management) or downstairs (server room) by signing you up for PaperCut Views!
If you download the PaperCut Views Software from our website, you must:
- create a user account with us to use the PaperCut Views Software and/or PaperCut Views Service;
- provide complete and accurate information when creating your account;
- not open an account or use the PaperCut Views Software and/or PaperCut Views Service if you are under 13 years old or if we have previously terminated your user account;
- keep all login details for your account secret and secure. If your account information changes, you must promptly update your account details.
You are solely responsible for user activity that occurs on your account.
If you install or use the PaperCut Views Software and/or PaperCut Views Service as an employee of another person or organization, you warrant that you are duly authorized to do so and that you are permitted to:
- monitor print data on their network; and
- authorize us to collect and store their data in accordance with these terms.
This one is simple - we grant you a license to enjoy our Service, subject to some pretty standard terms.
We grant you a non-exclusive, non-transferable, revocable licence to install and run the PaperCut Views Software and to access the PaperCut Views Service, subject to your compliance with these terms.
You agree that our systems may from time to time automatically update the PaperCut Views Software that you have installed to a newer version.
This is pretty standard stuff for the software industry. We would like you to use the PaperCut Views Software and PaperCut Views Service for the benefit of your own organization, and not rip it off :) Our team has worked really hard on it!
Also, please don’t disassemble or reverse engineer our stuff, but if you have those skills, please see our careers page. We’d love you on the team!
- not modify, reverse engineer, decompile or disassemble the PaperCut Views Software, except to the minimum extent permitted by law;
- not install or use the PaperCut Views Software on computer systems that do not meet the minimum specifications we have set for use of the PaperCut Views Software (as published on our website);
- use the PaperCut Views Software and PaperCut Views Service in compliance with all applicable laws and regulations including those relating to privacy, intellectual property, anti-spam, export control and taxation.
Changes to the PaperCut Views Service
We’re here to provide a reliable service for you, and to keep innovating to create and change features that you’ll love. Occasionally, things can go wrong… we’ll do our best to get them working as quick as we can.
Sometimes, our ideas might need to be improved, so you might see changes to our Service. By the way, if you have any ideas let us know - we’ll take them on board!
We will use reasonable efforts to keep the PaperCut Views Service operational, however we do not warrant that the PaperCut Views Service will be fully functional at all times. We may from time to time modify or discontinue functions and features of the PaperCut Views Service and PaperCut Views Software.
We are not obliged to maintain, support, upgrade, or update the PaperCut Views Software or the PaperCut Views Service, or to provide any specific functionality or content through the PaperCut Views Software or PaperCut Views Service.
Privacy and use of data
With regards to all information you provide us: You own your own stuff, but we need to be able to use it to help us crunch the numbers in the background.
We also may make use of your data anonymously to help derive global or industry usage metrics that assist benchmarking, forecasting, and education.
We dislike spam as much as you. YOu may receive useful emails for certain events in your printing environment, which you can disable. Also, you may receive marketing emails from us when we believe it will be valuable to you, though you can opt out of this any time.
We value your trust and we won’t throw that away.
One last thing here – just letting you know that the PaperCut Views Software will use some of your network bandwidth to send data to our Service, so we can make it all work.
When you use the PaperCut Views Software and PaperCut Views Service, data will be passed from your computer network to us. You agree that we may collect and store that data, which may include:
- your email address
- the country and time-zone in which you are located
- details of the equipment on your computer network, such as printer models, printer names, IP addresses and toner cartridge part numbers
- print metrics such as number of pages printed, toner cartridge status and supply levels
- print job and associated information such as user names and document names
- the version of the PaperCut Views Software that you are using.
You can view your data that we hold via the PaperCut Views Service.
We may use third party data hosting services (e.g. Google Cloud Services) to host some or all of the PaperCut Views Service. You agree that your data may be stored by such third parties, who may be located in different geographic regions.
You agree that we may use your data for the purposes of:
- providing the PaperCut Views Service;
- anonymously aggregating your data with data provided by other users of the PaperCut Views Service, and sharing the results of our analysis of that aggregated data with you, other users and the public for the purpose of best practice, benchmarking, forecasting and education; and
- providing an email notification service, including notifications of printer errors and warnings, low toner alerts, insights and assistance on getting started. If you do not wish to use the email notification service, you may disable it in the PaperCut Views Service.
We may from time to time send you marketing communications via email. If you do not wish to receive marketing communications from us, you may opt out via the PaperCut Views Service.
You are responsible for any data access or usage fees charged by third parties (such as your internet service provider) attributable to your use of the PaperCut Views Software and PaperCut Views Service.
A lot of blood, sweat and tears went into the making of the product… We’re just keen for people to know the tears were PaperCut-colored tears.
We retain ownership of all of our intellectual property rights in the PaperCut Views Software, the PaperCut Views Service and all associated documentation, including all trade marks. No rights in the nature of ownership in the PaperCut Views Software, PaperCut Views Service or associated documentation are transferred to you under these terms.
Limitation of liability
It’s our intention that PaperCut Views is a valuable tool for you. If for some reason it can’t provide value for you, we don’t want you to hold it against us.
The PaperCut Views Software and PaperCut Views Service are provided on an “as is” basis. We do not warrant that they are error-free or will perform in accordance with any particular standard or specification. To the maximum extent permitted by law:
- our total cumulative liability to you for any claim arising under these terms or in relation to the PaperCut Views Software or PaperCut Views Service (whether in contract, tort or otherwise) shall be limited to the amount of all fees paid by you to us in relation to the PaperCut Views Software and PaperCut Views Service in the 12 month period prior to the relevant claim, or the amount of US$10, whichever is greater; and
- we will not be liable to you for any lost profits, lost revenue, lost data, business interruption, or indirect, consequential, special or unforeseeable losses of any nature.
This is a long section… but not one to worry you – we’re basically saying that this has been our own effort. We haven’t ripped off anyone else’s stuff, and we stand by that. In the unlikely event that someone comes after you with an Infringement Claim for using the PaperCut Views Software or PaperCut Views Service in accordance with this Agreement, we’ll do our best to step in and defend you.
In addition to any rights you may have at law, we undertake at our own expense to indemnify and defend you or, at our option, settle any claim or action brought against you alleging that the use or possession of the PaperCut Views Software or PaperCut Views Service in accordance with this Agreement infringes any intellectual property right enforceable in the United States, Canada, any country in the EU, Switzerland, Australia, New Zealand, Hong Kong, Singapore and Japan (an "Infringement Claim") and shall be responsible for any losses, damages, expenses or costs (including reasonable legal fees) incurred by, or awarded against you as the result of, or in connection with, any such Infringement Claim, provided that:
- you promptly notify us of the Infringement Claim in writing, specifying the nature of the claim in reasonable detail and providing access to, and copies of, documents, software any other material, that are relevant to the Infringement Claim;
- you do not make any admission of liability, agreement or compromise in relation to the Infringement Claim without our prior written consent;
- you grant us the sole right to defend, negotiate and settle the Infringement Claim, at our expense, or at our option, we may permit you to defend the Infringement Claim in which case:
- we will pay any costs associated with your defense, and will provide security for such costs; and
- you must follow any reasonable request from us to avoid, dispute, defend and/or compromise the Infringement Claim;
- you provide us with reasonable assistance, at our expense, to defend, negotiate and settle the Infringement Claim.
We will have no obligation under this clause or otherwise with respect to any Infringement Claim based upon:
- any use of the PaperCut Views Software or PaperCut Views Service not in accordance with this Agreement, or documentation provided by us;
- the combination, operation or use of the PaperCut Views Software or PaperCut Views Service with any other product, equipment, business method, software or data;
- any modification of the PaperCut Views Software or PaperCut Views Service by any person other than PaperCut or its authorized agents or subcontractors; or
- any use of the PaperCut Views Software or PaperCut Views Service after we have provided you a new software version, patch or correction that would have overcome the infringement.
If any Infringement Claim is made, or in our opinion is likely to be made, then we may (at our sole option and expense) either:
- procure for you the right to continue using the affected PaperCut Views Software or PaperCut Views Service, or substantially similar software that does not substantially affect the functionality of the PaperCut Views Software or PaperCut Views Service, in accordance with this Agreement;
- replace or modify the affected PaperCut Views Software or PaperCut Views Service so that it becomes non-infringing but performs substantially the same functions; or
- if neither (a) or (b) is commercially reasonable, as determined in our sole discretion, then we may terminate your rights to use the affected PaperCut Views Software or PaperCut Views Service and pay damages of up to an amount of the fees paid for the license for the PaperCut Views Software or PaperCut Views Service.
Subject to any non-excludable rights that you may have under statute, this clause states our entire liability and your sole and exclusive remedy for any claims related to any infringement of the intellectual property rights in respect of the PaperCut Views Software or PaperCut Views Service.
We hope this is the beginning of a beautiful friendship. If things don’t quite work out, you can say goodbye, and so can we… no hard feelings, we hope!
We may terminate our agreement with you, including your license to use the PaperCut Views Software and the PaperCut Views Service, by notice to you if:
- you breach any obligation under these terms and do not remedy the breach within 14 days of being requested in writing to do so;
- you cease to carry on business, are unable to pay your debts as they fall due, enter into liquidation or have a controller, managing controller, liquidator or administrator appointed or suffer any similar event in any jurisdiction; or
- you sell substantially all of your assets or are subject to a change of control.
You may terminate our agreement by notice to us if we breach any obligation under these terms and do not remedy the breach within 14 days of being requested in writing to do so.
Upon termination for any reason, you must immediately cease all use of the PaperCut Views Software and PaperCut Views Service and delete the PaperCut Views Software from your computer system.
Global software, international law – it can get tricky. We’re just spelling out how the law, your location and our location affect this agreement.
You must not assign, sublicense or transfer any rights or obligations under these terms, in whole or part, without our prior written consent.
If any of these terms is held to be invalid, illegal or unenforceable, such term will be severed and the remaining terms will continue in force.
If you are resident, domiciled or incorporated in the USA, these terms 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. In all other cases, these terms 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.
The following provisions apply to the extent required under local laws.
Australian Consumer Law
Our goods come 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.
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; or
- the payment of the cost of having the goods repaired, unless it is not fair or reasonable for us to rely on this term.
If you are entitled to the benefit of a guarantee under the ACL, then in respect of goods and/or services which are not of a kind that are ordinarily acquired for personal, domestic or household use or consumption, our liability for a failure to comply with such guarantee is limited to one of the following, at our option:
- supplying the goods and/or services again; or
- payment of the cost of having the goods and/or services supplied again, unless it is not fair or reasonable for us to rely on this term.
USA Government Rights
If you are a US civilian agency, the US government acquires certain parts of this commercial computer software and/or commercial software documentation or other technical data subject to these terms as specified in the 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulation (FAR) and its successors. If acquired by or on behalf of any agency within the Department of Defence (DOD), the US Government acquires certain parts of this commercial computer software and/or commercial software documentation subject to these terms as specified in 48 C.F.R. 227.7202-3 of DOD FAR Supplement (DFARS) and its successors. The US Government Rights clause is in lieu of, and supersedes any other FAR, DFARS or other clause or provision that addresses US Government rights in computer software or technical data.