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Complete cloud-native print management for business
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DIY print management server for everyone
* PaperCut Pocket
Cloud print management solution for businesses with simple needs
* Compare features
PaperCut Product Suite comparison
Free tools
* PaperCut Mobility Print
A free Google Cloud Print alternative
* PaperCut QRdoc
The power of digital documents – on paper
* PaperCut Views
Real-time print analytics, insights and forecasts
Sustainability
* PaperCut Grows
Grow your sustainability story.
In the percolator
* Projects in beta
Features in progress
Popular Features
* Print rooms
Track and manage all your printing activity
* Forest Positive Printing
Go further than waste reduction
* Print Deploy
Print queues made easy
* Microsoft Universal Print
Take control of your Universal Print environment
Speak with sales
Solutions
By industry
* High school / K-12
* Higher education
* Healthcare
* Local government
* Legal
* SMB
* Enterprise
* Coworking
* Life sciences
By topic
* Print security
* Reduce costs
* Reduce effort
* Improve user experience
* Hybrid work
By job type
* Sysadmin
* IT manager
* SMB Owner
What our customers say
“Sustainability is very important to Google nowadays,” says Ofer. “So the idea
that we could literally save paper on printing was appealing to us from the
get-go.”
Ofer Bar-Zakai, Google, US
* Customer Stories
100 million delighted users and counting. Read their stories
* Reviews
See what our customers say
Speak with sales
Resources
Discover everything we do
* Easy printing
We’ve simplified printing for you and your end-users
* Cloud and print
Review our full suite of management solutions for cloud
* Waste control
Explore why this should be important to everyone
* Scanning
We’ve made scanning easier and more secure
* Overview
Explore all our products, and find real-world examples
Popular Resources
* Grid® Report for Print Management | Spring 2024
* Complete Guide to Printing in Education
* Get Print Resiliency and Security Without Servers
* Securing Your Print System with PaperCut Whitepaper
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* Installation on Windows
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* Installation on Mac
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* Quick install: Linux (CUPS and/or Samba)
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* Print monitoring architecture
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* Configuring Direct Printing
* Install the Direct Print Monitor
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* Link direct print queues to a printer
* View linked print queues
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* Configure a directly connected printer
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* Clustering and high availability
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2012/2016
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* PaperCut LPD service
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* User Client
* Install the User Client on Windows
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* Tour
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* Set new user creation rules
* Set up quota allocations
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* Enable username aliasing
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* Maintain office/department history
* Disable printing for a user
* User Card/ID Numbers
* User Card/ID Number overview
* Synchronize Card/ID Numbers from a directory
* Automatically generate Card/ID Numbers
* Self-management of Card/ID Numbers
* Batch importing and managing Card/ID Numbers
* Card/ID Number Self-Association at the MFD
* External Database for Card/ID Numbers
* Card/ID Number and Card Reader FAQ
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* Why use multiple personal accounts?
* Configure multiple personal accounts
* Configuration examples
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* Shared account naming guidelines
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* Batch import and update shared accounts
* Synchronize shared accounts with external source
* Bulk shared account operations
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* Customize shared accounts
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* The template printer
* Copy printer settings
* Rename a printer
* Disable printers with time latches
* Set up differential charging
* Convert or block print jobs - filters and restrictions
* Manage printer groups
* Define cost adjustments
* Popup authentication
* Set the color detection method
* Switch to using SNMPv3
* Validate page counts using hardware checks
* Watermarking/job annotation
* Behavior on server connection failures
* Toner Levels (for supported printers)
* Refund print jobs
* Define custom printer fields
* Extract usernames in enterprise print environments (e.g. SAP,
Unix)
* Printer FAQs
* Find-Me printing and printer load balancing
* Find-Me printing
* Global Print Driver
* Requirements for job redirection (load balancing or Find-Me
printing)
* Advanced configuration
* Printer load balancing
* Find-Me printing and printer load balancing FAQ
* Secure print release
* Release Station interfaces
* Hold/release usage scenarios
* Install a Release Station
* Install a Release Station on Windows
* Install a Release Station on a Mac
* Configure a Release Station
* Secure print jobs at the printer while they're waiting to be
printed
* Prevent jobs being released when a printer/device is in error
* Prevent jobs being released from an MFD Release Station when a
device is in error
* Prevent jobs being released from a Standard Release Station
when a printer is in error
* Prevent jobs being released from a web-based Release Station
when a printer is in error
* Frequently Asked Questions: Prevent jobs being released when a
printer is in error
* Configure mobile print release
* Copier integration
* Overview
* Setup
* Device List and statuses
* Manage copiers
* Authentication methods
* About filters and restrictions
* Advanced configuration
* Release Stations and Find Me Printing
* Configure Secure Print Release
* Configure Secure Print Release with Find-Me printing
* Configure Secure Print Release with load balancing
* Configure Secure Print Release to support multiple operating
systems
* Allocating accounts to print jobs at the device
* System requirements PaperCut MF
* Configure the ability to allocate accounts to print jobs at
the device
* Changing attributes of print jobs at the device
* System requirements PaperCut MF
* Configure the ability to change attributes of print jobs at
the device
* Frequently Asked Questions
* Viewing attributes of print jobs at the device
* System requirements
* Configure the ability to view attributes of print jobs at
the device
* Frequently Asked Questions
* Prevent jobs from being released from an MFD Release Station
when a device is in error
* Frequently Asked Questions: Prevent jobs being released when a
printer is in error
* Integrated Scanning
* Integrated Scanning overview
* What is Integrated Scanning?
* Integrated Scanning at the MFD
* Scan PDF compression
* Scan to Fax explained
* Document Processing for Scans
* PaperCut MF Cloud Services
* Example Integrated Scanning implementations
* Setting up Integrated Scanning
* Prepare for Integrated Scanning implementation
* Configure Integrated Scanning / scan actions
* Configure Integrated Scanning notifications
* Enable Advanced Scan to Fax actions
* Configure advanced Integrated Scanning (config keys)
* Set up self-hosted Document Processing
* Substitution variables/macros
* Capturing scan metadata using Interactive Scan Destinations
* Troubleshooting Integrated Scanning
* Troubleshooting Scan to Cloud Storage
* Troubleshooting Document Processing scans, including OCR
* Integration with Electronic Document Management Systems
* Integrated Scanning FAQs
* Mobile & BYOD printing
* Mobility Print
* Print Deploy (deploy print queues and drivers)
* Universal Print
* Email to Print
* Web Print (driver-less printing via a web browser)
* Set up Web Print
* Set up Web Print: Default mode
* Set up Web Print: Sandbox mode
* Enable Web Print on a printer
* Modify default Web Print settings (optional)
* Create a Web Print printer map or custom printer list
(optional)
* Advanced Web Print configuration (optional)
* Submit a Web Print job
* Scaling your Web Print environment
* Add or remove a Web Print server
* Monitor a Web Print server
* Troubleshooting Web Print problems
* Mobile Print Release-releasing print jobs on your mobile
* Mobile web client
* Self association for emails and email verification/validation
* TopUp/Pre-Paid Cards
* The card system
* Create new cards
* Redeem a card
* Reports
* Report types
* Report formats
* Generate filtered reports
* Create custom reports
* Schedule and email reports
* Export usage data from PaperCut NG/MF to a 3rd party tool
* Advanced reporting options
* Central Reports
* Prerequisites for Central Reports
* Set up Central Reports
* Run Central Reports
* Print Scripting (advanced feature)
* Creating print scripts
* Print script API reference
* Troubleshooting print scripts
* Tips for print scripts
*
* Device Scripting (advanced feature)
* Creating device scripts
* Device script API reference
* Device scripting examples
* Example: Set a daily color copying quota for all users
* Example: Prevent access to devices out of business hours
* Example: Discount the copying price for students during
off-peak hours and for staff at all times
* Troubleshooting device scripts
* Tips for device scripting
* Security (for advanced features)
* Print, device, and other advanced scripting
* Using extended Java classes in scripts
* Customization
* Customize the Login page
* Customize the Forgot Login Details page
* Customize the Admin web interface
* Customize the User web interface
* Customize the User Client
* Customize Mobile Print Release
* Customize report headers
* Limit the list of interface languages/translations
* Data access and custom reports
* Automation and scripting
* Custom user directory information providers
* Enable ports 80 (HTTP) and 443 (HTTPS)
* Web Cashier
* Set up Web Cashier
* Assign Web Cashier admin permissions
* Process purchases
* Deposit funds in a Web Cashier account
* View Web Cashier order history
* Customize the Web Cashier interface text
* Generate a Web Cashier report
* Advanced: Apply a regular expression to convert a card number
* Job Ticketing
* Print Archiving (viewing and content capture)
* Technical overview: How does archiving work?
* Set up Print Archiving
* Advanced archiving options and features
* Troubleshooting and known limitations
* Administration
* System management
* The dashboard
* Synchronize user and group details
* With Active Directory
* Synchronize users from multiple Active Directory domains
* Prevent username clashes in Windows multi-domain
environments
* With LDAP
* Advanced LDAP Configuration
* LDAP server default configuration
* With Microsoft Entra ID
* Synchronize user and group details with standard Entra ID
* Preparing to use UPN usernames when syncing with the
standard Entra ID sync method
* Entra ID Multifactor Authentication Requirements
* Synchronize user and group details with Entra ID Secure
LDAP
* With Google Cloud Directory
* Google Cloud Directory Group Names
* Synchronize users from multiple Google Cloud Directory
domains
* Google Cloud Directory: Education scenario
* Google Cloud Directory: FAQs
* With custom programs (advanced feature)
* Manually synchronize with a user directory
* Create users on demand
* Troubleshooting User/Group Sync
* Active Directory Sync Issues
* LDAP Sync Issues
* Google Cloud Directory Sync Issues
* Microsoft Entra ID Sync Issues
* Assign administrator level access
* Set up system notifications and emails
* Configure email
* Configure an SMTP server for Office 365 or Microsoft 365 (*
Deprecated)
* Configure an SMTP server for Office 365 or Microsoft 365
Over OAuth2
* Configure an SMTP server for Google Workspace (*
Deprecated)
* Configure an SMTP server for Gmail Over OAuth2
* Configure an SMTP server for Gmail, Yahoo, or Outlook.com
* Configure a custom SMTP server
* Troubleshooting SMTP/Email Notifications
* Configure system notifications
* Manage system backups
* Set system security options
* Change the Application Server ports
* Configure how the Print Provider communicate over HTTPS
* Enforce HTTPS communication
* Restrict access to the Application Server
* Change the web session inactivity timeout
* Change the CSRF validation security properties
* Change the environmental impact reference values
* Set privacy options
* Using the Advanced Config Editor
* Add third-party integrations
* Logging
* Temp folder cleanup
* Server management
* Change the server address
* Change the network interface that PaperCut listens on
* Override the "Host" header for redirects
* Temp folder cleanup
* Tools - database, server-command scripting, and APIs (Advanced)
* Server commands (server-command)
* Database tool (db-tools)
* The XML Web Services API
* Generate SSL/HTTPS keys
* Use the PaperCut NG/MF self-signed certificate
* Use a trusted certificate
* Purchase and install a new trusted certificate
* Use an existing trusted PaperCut NG/MF certificate
* Use an existing trusted IIS certificate
* Renew an SSL certificate
* Advanced customization
* Troubleshoot SSL/HTTPS key generation
* Configure the User Client using the command-line
* Stop and start the Application Server
* Automate installation on Windows
* Import print job details
* Monitor print system health
* PaperCut system health monitoring overview
* Examples: Monitoring system health
* Example 1: Overall print system health monitoring
* Example 2: Printer health monitoring
* Example 3: Advanced system health monitoring
* Configure PaperCut NG/MF system health monitoring
* Discover the System Health interface authorization key
* Discover the printer and device status URLs
* System Health interface reference
* Status summary URLs
* Status per printer and per device URLs
* Status per Web Print application
* Advanced system statistics URLs
* Advanced system information URLs
* PDL transform language
* Upgrading
* Upgrade MF/NG from a previous version (upgrade steps)
* Troubleshooting upgrade issues
* (Legacy) Upgrade from PaperCut ChargeBack
* (Legacy) Upgrade from PaperCut Quota
* Troubleshooting & technical FAQs
* PaperCut Hive and Pocket manual
* Product & features overview
* Print Security
* Secure print release
* Access Control
* Job timeout & deletion
* Printer error alerts
* Print job thumbnails
* Watermarks & digital signatures
* Reduce Waste
* 2-sided printing
* Black & white printing
* More cost saving tips
* Easy Printing
* User signup process / welcome emails
* Printer discovery
* Mobile & tablet printing
* Print tracking
* Low toner alerts
* Printer labels/NFC stickers
* Print offline
* Integrated Scanning
* Data center locations
* How it works
* Edge Mesh and edge nodes
* Security considerations
* Printer discovery
* Authentication
* Plan & get started
* System requirements
* Supported printers
* Planning your install
* Multifunction device deployment checklist
* Set up local language
* Bulk deploy PaperCut software to users
* Deployment with Microsoft Intune (Windows)
* Deployment with Microsoft Intune (macOS)
* Deployment with MS EndPoint Manager
* Deployment with Jamf
* Deployment with JumpCloud (Windows)
* Deployment with JumpCloud (macOS)
* Deployment with Microsoft Group Policy
* Deployment with ManageEngine Endpoint Central (Windows)
* Deployment to ChromeOS
* Deployment with Kandji (macOS)
* Network environments
* Onsite - no firewall port restrictions
* Onsite - multi-site with WAN connection
* Onsite - multi-site with no WAN connection
* Onsite - multi-subnet restricted network
* Off network - remote printing
* Manage your print environment
* Managing users
* Users
* Administrators
* Access codes & access cards
* Managing printers
* Adding, removing or updating printers
* Choosing the print job delivery method
* Publishing or unpublishing printers
* Renaming a printer
* Changing a printer's IP address
* Printing printer labels
* Installing printer apps
* Print job finishing options (stapling units)
* Managing deployed print queues
* Preparing a print queue and driver
* Deploying your queue and driver
* How it works
* Technical and security details
* FAQs
* Managing your Edge Mesh
* Best practices for super nodes
* Reports and insights
* Logs and Story Tree
* Configure features
* Print Security
* Control access to printers/MFDs
* Secure print release
* Delete print jobs automatically
* Alert users about printer errors
* Use watermarking and digital signatures
* Set thumbnail visibility privacy
* Reduce Waste
* 2-sided printing
* Black and white printing
* More cost saving tips
* Easy Printing
* User signup process
* Printer discovery
* Printer labels
* Mobile & tablet printing
* Print tracking
* Low toner alerts
* Offline printing
* Integrated Scanning
* Enable Integrated Scanning
* Scan PDF compression
* Quick Scan capture fields
* Scan to automatically create folders
* Scan to email using an address book
* Scan to fax
* Printing for end users
* Troubleshooting
* Installation
* Printer discovery
* Sending the print job
* Releasing the print job
* Queues & drivers
* A super node is offline
* Embedded app not connecting
* Users can’t install the PaperCut Printer app
* Email delivery
* Using Job Trace to troubleshoot
* Using Activity Log to troubleshoot
* Enable/download Deep Logs
* Help resources
* Knowledge base
* Known issues
* Service status
* Release notes
* Terms of Service
* Service Description
* End user license agreement
* Purchasing PaperCut Pocket
* Print Deploy manual
* Print Deploy overview
* Why is Print Deploy awesome?
* Print Deploy / Mobility Print - What product to use when
* How Print Deploy works
* Print environments supported by Print Deploy
* How it works - the basics
* How it works - the geeky version
* Print Deploy licensing
* Set up Print Deploy
* System requirements: Print Deploy & PaperCut NG/MF
* Step 1: Determine your print environment
* Step 2: Add and configure zones in Print Deploy
* Step 3: Import print queues into Print Deploy
* Directly print from workstations to printers
* Classic server-hosted print queues
* Mobility Print queues (Quick)
* Mobility Print queues (Advanced)
* Support IPP(S) Print Servers on Windows computers
* Roll out the Print Deploy client
* Choose your print queue/Print Deploy client installation method
* Manual Installation
* Install the Print Deploy client manually on computers
* Users install the Print Deploy client themselves
* Deploy print queues but not the monitoring tool
* Managed/MDM Installation
* Using Google Workspace
* Using VMWare Workspace ONE
* Using Windows Group Policy
* Using Microsoft Intune (Windows)
* Using Microsoft Intune (macOS)
* Using Jamf
* Using Kandji
* Using another macOS-compatible MDM
* List of installation parameters and filename configurations
* Configure Print Deploy (optional)
* Shared computers (Windows only)
* Configure the client
* Configure the Direct Print Monitor for large sites
* Customize the user login popup branding and text
* Change the client polling time
* Set the method used to determine the user’s identity
* Allow the client to update printers when a network change is
detected
* Using an external PostgreSQL DB
* Configure Print Deploy in Virtual Desktop Infrastructure (VDI)
* Print Deploy VDI client overview
* Citrix
* Azure RDS
* Microsoft RDS
* VMWare Horizon
* VDI FAQs
* Troubleshooting - log analysis
* Enhance Print Deploy security (optional)
* Enhance Print Deploy security with a CA-signed certificate
* Enhance Print Deploy server security with a custom TLS setting
* Enable SSL certificate checking
* Print Deploy antivirus exclusions
* (Advanced) Set up an SSL/TLS certificate for Print Deploy
* (Advanced) Set up an SSL/TLS certificate for Mobility Print
* Troubleshooting
* Troubleshoot the Print Deploy Cloner
* Troubleshoot the Print Deploy Client
* Maintain your print environment
* FAQs
* Release History
* Give feedback on Print Deploy
* Mobility Print manual
* Overview
* Why is Mobility Print awesome?
* The Mobility Story
* Print Deploy / Mobility Print - What product to use when
* Do I need PaperCut NG or MF?
* How it works
* Printer discovery - which method is best for you?
* Print job delivery and examples
* Mobility Print architecture
* Ghost Trap and Ghostscript
* Setting up Mobility Print
* System requirements
* Step 1: Install Mobility Print
* Step 2: Configure Mobility Print
* Select the printers to publish
* Printer discovery using mDNS
* Printer discovery using DNS
* Printer discovery using 'known host'
* Print authentication mode
* Cost allocation
* Advanced configuration
* Change the Mobility Print password
* Configure a server behind a firewall or NAT
* Disabling server auto-updates
* Configure Mobility Print behind a Network Load Balancer
* Restrict printer access per subnet
* Enhance Mobility Print server security with a custom TLS
setting
* Automatically disable new printers
* Implement a Trusted SSL Certificate for the Mobility Print
Administrator Interface
* Manage Single sign on for Chromebooks
* Set up Guest printing for Chromebook users
* Set up Mobility Print with a Site Server
* Step 3: Set up and test client printing
* Step 4: Roll out Mobility Print
* Setting up Cloud Print for Mobility Print
* Overview
* Step 1: Configure Cloud Print
* Step 2: Set up Cloud Print on the clients
* Chromebooks / ChromeOS
* Windows
* Mac / macOS
* Managing Cloud Print
* Cloud Print Security
* Setting up a device (mDNS/DNS)
* Windows
* Mac / macOS
* iPhone / iPad / iOS
* Android
* Chromebook / ChromeOS
* Setting up a device (known host)
* Setting up a device (Cloud Print)
* Troubleshooting
* Printer discovery problems with mDNS
* Printer discovery problems with DNS
* Troubleshooting Cloud Print
* Troubleshooting the Chrome Extension
* Troubleshooting print jobs
* Troubleshooting restricting printer access per subnet
* Mobility Print server not detecting printers
* Authentication
* End user and non-admin help
* FAQs
* Release history
* Job Ticketing manual
* Overview
* Getting Started
* Setup and Configuration
* Installation
* Install the software
* Logging in
* Explore the interfaces
* Configuration
* Manage rooms
* Configure room contact details
* Configure delivery options
* Define the Workflow
* Example customized Workflows
* Customize the Workflow
* Configure email notifications
* Personalize an operator profile
* Using JSON
* Using markdown
* Setting up products
* Job Ticketing scenarios: products
* Configure a product
* Product attribute reference
* Configure costs
* Step 1: Allocate a cost to product and delivery options
* Step 2: Setting up draft products
* Step 3: Create or change a cost script
* About the estimateCost(order) function
* Using functions
* Description functions (conditional statement)
* Cost calculation functions (For Loop)
* Date comparison functions (dateDiff)
* Using variables
* Using Order object attributes
* Using the Cost Script editor
* Using JavaScript
* Example cost scripts
* Step 4: Assign a cost script to each product
* Go live
* Test order submission
* Test order processing
* Publish your products
* Assign access to the Operator interface
* Enable Job Ticketing in the PaperCut MF User interface
* Share Job Ticketing with your customers
* System management
* Configure the maximum uploaded file size
* Configure the file storage location
* Change the currency symbol
* Configure the number of decimal places used for prices
* Enable or disable Gravatar
* Configure PDF page counter mode
* Prevent specific file types from being uploaded
* Configure the server address for links in emails
* Configure the database storage location
* Start and stop the Job Ticketing service
* Define your data backup strategy
* Archiving print job files
* Exporting data
* Troubleshooting
* Managing orders
* Submit an order for a customer
* Process an order
* Change the status of an order
* Send comments to a customer
* Add an internal note to an order
* View notifications
* Download the file to print
* Print a job ticket
* Charge an order to an account
* Cancel an order
* Refund an order
* Order processing examples
* View order details
* View a summary of orders
* Workflow view
* Order List view
* View individual order details
* Manage customer announcements
* Placing an order
* Place a Print Room or FabLab order
* Approve a quote or proof
* Add comments to an order
* View comments from the print room
* Cancel an order
* Release notes
* Video tutorials
* FAQs
* Knowledge base
* KB Home
* FAQs
* How-to-articles
* Reference
* Troubleshooting
* Known Issues
* Sales and Licensing
* End-user articles
* Release notes
* PaperCut MF release notes
* PaperCut NG release notes
* System requirements
* PaperCut NG
* PaperCut MF
* PaperCut Pocket and Hive
* Support
* Home
*
* PaperCut NG and MF
*
* Common
*
* License
* Home
*
* PaperCut NG and MF
*
* Common
*
* License
* Home
*
* * PaperCut NG and MF
* Common
*
* License
END USER LICENSE AGREEMENT (EULA)
THIS PAGE APPLIES TO:
Contents
* Overview
Contents
* Overview
Contents
* Overview
1. AGREEMENT
This End User License Agreement is between PaperCut Software Pty Ltd of
Level 1, 3 Prospect Hill Rd, Camberwell, Victoria, 3124, Australia
(PaperCut), and:
1. if there has been no charge for the license (an Evaluation License), the
company or other entity that installed the Software for the purpose of
the evaluation; or
2. if there has been a charge for the license (a Production License), the
company or other entity that installed the Software, contracted with an
Authorized Agent to obtain the Software, applied for the Production
License as set out in the Company Details tab on the Website or
otherwise agrees to these terms in anticipation of their installation or
use of the Software.
2. DEFINITIONS
Affiliate means an entity owned by, controlling, controlled by, or under
common control with, directly or indirectly, an entity. For this purpose,
one entity “controls” another entity if it has the power to direct the
management and policies of the other entity (for example, through the
ownership of voting securities or other equity interest, representation on
its board of directors or other governing body, or by contract).
Agreement means the terms and conditions in this End User License Agreement
and the Support Policies, and, if this is a Production License, any further
obligations or limitations on you as set out in the Contract Details, as
may be amended by a Variation.
Authorized Agent means a company who is authorized (either directly by
PaperCut, or via one of PaperCut’s Authorized Solution Centers) to sell
and/or support the Software.
Authorized Platform means servers, workstations, printers, multi-function
devices and mobile devices that are owned, leased or controlled by You or
Your Affiliates on which the Software is designed to be used.
Confidential Information means any non-trivial, non-public information,
however recorded, preserved, disclosed or communicated (whether directly,
indirectly, orally or by writing), disclosed by either party or its
Representatives to the other party or its Representatives in connection
with this agreement that is or, ought to have been, understood by the
parties using reasonable business judgment, to be confidential. The
Software and related documentation, License Keys and this agreement,
including the terms, pricing and Fees payable, are agreed to be the
Confidential Information of PaperCut.
Contract Details means the core details of any transaction for a Production
License that is set out in the separate agreement between you and an
Authorized Agent, including the maximum number of devices (or other license
metric that is applicable to the particular Software program), any
Maintenance & Support service and applicable Fees and Taxes, that are
advised to You or to which You have otherwise agreed in writing with the
Authorized Agent or with PaperCut. For the avoidance of doubt, the Contract
Details between you and the Authorized Agent grant you no additional rights
against PaperCut over and above those set out in this EULA.
Discloser means the party that makes a disclosure of Confidential
Information.
Effective Date means:
1. for an Evaluation License, the first date of installation of the
Software on any of Your Authorized Platforms; or
2. for a Production License, the earlier of:
(i) the first date of installation of the Software on any of Your
Authorized Platforms; or
(ii) the date when the person acting with your apparent authority
clicked “I Agree” during the sign-on process.
Evaluation License means the right to use the Software in accordance with
clause 4.1.
Expiration Date means the last day of the Production License period during
which you may use the software.
Fees means the amount payable for the relevant Software license, the
Maintenance & Support service or other items acquired under the Agreement,
as applicable, exclusive of Taxes.
Fixed Term means the period between the Effective Date and the Expiration
Date of a Standard License.
Intellectual Property Rights means copyright, moral rights, trade mark,
design rights, service marks, patent, semiconductor or circuit layout
right, trade secrets, know-how, database rights or other rights in the
nature of intellectual property rights (whether registered or
unregistered), or any right to registration of such rights, existing
anywhere in the world, or protected by statute from time to time, whether
created before, on or after the Effective Date.
License Key means any form of license file, lock, password or other
mechanism that may be used to control access to, or manage use of, the
Software.
Maintenance & Support means the services described in clause 5.
PaperCut Marks means all trademarks, service marks, logos or other words or
symbols identifying the Software, Maintenance & Support service,
PaperCut Customer Care service or PaperCut’s business (whether owned
by PaperCut or any PaperCut Affiliate), and all trademarks, service marks,
logos or other words or symbols identifying any third party software that
is licensed by the third party to PaperCut and integrated in the Software.
Production License refers to either of the two full-function licenses: The
Standard License and the Subscription License, as distinct from an
Evaluation License.
Recipient means the party that receives a disclosure of Confidential
Information.
Representatives means the employees, agents, contractors of a party, or
those of any Affiliate, and the professional representatives of a party
providing advice in relation to this Agreement, including the lawyers,
bankers, auditors, accountants and insurers of a party.
Standard License means the right to use the Software in accordance with
clause 4.2. Software means the object code version of PaperCut’s software
program made available to You, and any Updates and Upgrades that may be
made available to You by PaperCut in its discretion, under this Agreement.
The term Software does not include any beta, pre-release or other special
release programs.
Subscription License means the right to use the Software in accordance with
clause 4.3.
Subscription Term means the period between the Effective Date and the
Expiration Date of a Subscription License.
Support Policies means PaperCut’s document that describes the policies,
processes and scope of support services for the Software, as are posted on
the Website under the heading ‘Support’. The Support Policies may be
updated by PaperCut in its discretion from time to time.
Taxes includes goods and services taxes or other sales taxes, duties,
withholding taxes, levies, imposts or other charges or duties levied by any
federal, state or local government which arise out of or in connection with
the Software, Maintenance & Support service or this Agreement, and any
interest, penalties or liabilities incurred on such amounts, but excludes
taxes based on the net income of PaperCut.
Update means any bug fixes, patches or workarounds for the Software that
have been produced primarily to overcome defects in the Software without
significantly altering the functionality of the Software.
Upgrade means a version of the Software that has been produced primarily to
extend, alter or improve the Software by providing additional functionality
or performance enhancements (whether or not defects are also corrected).
Upgrades do not include any software that is marketed by PaperCut as a
different product. PaperCut shall determine in its discretion whether any
software is an Upgrade or a different product.
User means an identifier (individual’s name or generic term such as
“purchasing officer”) that is listed as a user in the Software’s database.
Any User that is defined by a generic term may only be used by a single
individual. All Users from You and/or Your Affiliates who have identifiers
listed as users in the Software’s database are included in aggregate in the
total number of Users.
Variation means any addition, deletion or substitution to any part of this
Agreement that is made in accordance with this Agreement.
You (and Your) refer to the other party to this Agreement, being the entity
that is the licensee of the Software.
Website means PaperCut’s website from which You can acquire the Software
and where we provide information on, among other things, the Software and
Maintenance & Support services.
3. AGREEMENT AND LICENSE
3.1 In the case of an Evaluation License, the person that installs the
Software and clicks “I Agree” during the installation process warrants
to PaperCut that they have authority to enter into this Agreement on behalf
the entity that is their employer.
3.2 In the case of a Production License, the person that clicked “I Agree”
during the sign-on process warrants to PaperCut that they have authority to
enter into this Agreement on behalf of the entity identified in the Company
Details or otherwise identified to PaperCut during the sign-on process.
3.3 By using the Software You accept this Agreement as from the Effective
Date and acknowledge that You are bound by the terms and conditions of the
Agreement.
3.4 PaperCut may send a “proof of purchase” confirmation email or other
document (Order Confirmation) after You acquire a Production License,
summarizing this EULA and the Contract Details. You must
notify PaperCut and the Authorized Agent in writing of any discrepancy in
the Contract Details as set out in the Order Confirmation within 48 hours
of receiving it.
3.5 PaperCut will send a notification email to the nominated address
confirming EULA acceptance. This notification will inform you that personal
data is collected, stored and retained with PaperCut for the purpose of
providing our software and service in accordance with our Privacy Policy.
Evaluation
3.6 If You requested a free-of-charge Evaluation License for the Software
(via the Website or other means), then PaperCut will make the Software
available for You to download from the Website, subject to Your acceptance
of this Agreement. If You accept this Agreement then You acquire an
Evaluation License, from the Effective Date until the license is terminated
in accordance with clause 3.7. There is no Fee payable for an Evaluation
License.
3.7 PaperCut does not provide Maintenance & Support services for Evaluation
Licenses, but may, in its discretion, provide assistance, advice and error
correction services to support Your evaluation of the Software.
3.8 An Evaluation License:
1. terminates automatically after 40 days from the Effective Date, unless
extended by agreement with PaperCut;
2. will be terminated if the Agreement terminates in accordance with clause
12.
Upgrading to a production license
3.9 You may upgrade an Evaluation License to a Production License by
completing and agreeing the Contract Details via the sign-on process on the
Website and agreeing to pay the relevant Fees and Taxes. You may also order
Maintenance & Support services at the same time. The Production License and
any Maintenance & Support service will be provided on the terms and
conditions of this Agreement. In the case of a Production
License, PaperCut will provide You with a License Key to enable You to use
the Software.
Production License
3.10
1. Where you acquire a Production License by agreeing to this Agreement
with PaperCut and the Contract Details with an Authorized Agent or
directly with PaperCut then You acquire a license for the Software in
accordance with clause 4.2 (Standard License) or 4.3 (Subscription
License) and, subject to your license terms, the right to receive and
install any Updates for that Software that may be issued
by PaperCut from time to time. You must install Updates promptly,
especially Updates that have been made available for security issues.
There are no additional Fees for this right to receive Updates.
2. Limited enhanced functionality - Standard License: In our sole
discretion with reasonable notice to you, certain enhanced functionality
such as the Scan to Cloud or OCR Reader feature may only be activated
with the Standard License during the Maintenance & Support period. When
this period ceases, some or all such functionality may be reduced or
deactivated.
Maintenance & Support
3.11 Where You ordered Maintenance & Support services in the Contract
Details, upon acceptance of your order, PaperCut will provide the
Maintenance & Support services for 12 months from the Effective Date in
accordance with clause 5.
Additional Licenses, Usage or Maintenance & Support
3.12 If You wish to add more Software programs, add more Users or other
license usage, or extended Your Maintenance & Support service – and such
items are available from PaperCut at the time, You may order those items by
completing and agreeing to the relevant Contract Details via an Authorized
Agent (or directly with PaperCut in limited circumstances).
3.13 If You do not extend Your Standard License Maintenance & Support
service so that Maintenance & Support service is provided continuously, and
subsequently wish to reinstate Maintenance & Support service, then You must
back pay all the Maintenance & Support service fees outstanding prior to
the Maintenance & Support service being reinstated. This clause does not
apply to Subscription Licenses.
Variations
3.14 Subject to clauses 3.9 and 3.12, this Agreement, or any part of it,
may be varied by the parties agreeing to the Variation in writing (and the
Variation will be binding when both parties have signed the Variation).
4. LICENSES
Evaluation License
4.1 From the Effective Date until the license is terminated in accordance
with this Agreement, PaperCut grants You a non-exclusive, non-transferable,
limited use license solely to install and run the Software on one or more
computers that are Authorized Platforms, so You and your Affiliates can
evaluate the Software to determine whether to acquire a Production License.
Under this Evaluation License You and Your Affiliates may use the Software
for testing and evaluation in a production environment prior to the
termination of the Evaluation License.
Production License
4.2 Standard License
Subject to PaperCut’s receipt of the applicable Fees and related Taxes in
accordance with the Contract Details, as well as the fulfilment of any
qualification rules provided to you during the signup process,
PaperCut grants You a non-exclusive, non-transferable, indivisible, limited
use license solely to install and run the Software on one or more computers
that are the Authorized Platforms, for use by You or Your Affiliates from
the Effective Date until the license is terminated in accordance with this
Agreement:
1. for up to the maximum number of Users or other license metric set out in
the Contract Details, for Your internal business data
processing/printing requirements in accordance with, and subject to any
other limitation of use set out in, the Contract Details; and
2. for testing, disaster recovery and backup (hot or cold), without
additional Fees; and
3. in the case of a Fixed Term Standard License:
(i) until the license terminates automatically at the Expiration Date,
unless extended by agreement with PaperCut;
(ii) until the license terminates automatically due to your obtaining a
Subscription License in accordance with clause 4.3 below.
(iii) until the license is terminated due to the Agreement terminating
in accordance with clause 12,
whichever is the earlier.
4.3 Subscription License
Subject to PaperCut’s receipt of the applicable Fees and related Taxes in
accordance with the Contract Details, as well as the fulfilment of any
qualification rules provided to you during the signup process,
PaperCut grants You a non-exclusive, non-transferable, indivisible,
revocable, limited use license solely to install and run the Software on
one or more computers that are the Authorized Platforms, for use by You or
Your Affiliates from the Effective Date until the license is terminated in
accordance with this Agreement, for:
1. up to the maximum number of devices or other license metric set out in
the Contract Details, for Your internal business data
processing/printing requirements in accordance with, and subject to any
other limitation of use set out in, the Contract Details; and
2. for testing, disaster recovery and backup (hot or cold), without
additional Fees.
The Subscription License terminates automatically at the Expiration Date,
unless extended by agreement with PaperCut (facilitated by the Authorized
Partner), or will otherwise will be terminated if this Agreement terminates
in accordance with clause 12, or if your agreement with the Authorized
Partner (containing the Contract Details) expires or is terminated.
IMPORTANT NOTE: The Subscription License is not compatible with perpetual
licenses. Unless you and PaperCut have expressly agreed otherwise in
writing, any perpetual license to a PaperCut product (PaperCut MF or
PaperCut NG), whether that license is defined as a Standard License or
otherwise as a Production License under a previous version of the PaperCut
EULA, will automatically terminate upon your being granted a Subscription
License.
Delivery and installation
4.4 PaperCut will make the Software available for download from the
Website. If You specifically request, PaperCut will ship to You a physical
copy of media with the software loaded on it, at additional cost. You are
responsible for copying and installing the Software on the Authorized
Platforms. You must follow any instructions provided by PaperCut when
installing the Software. All Software is deemed to be accepted by You upon
successful installation on the first Authorized Platform.
Prohibited Actions
4.5 Nothing in this Agreement permits You to:
1. use the Software to provide any facility management or service bureau
service, or for the benefit of any third party (other than an
Affiliate);
2. disclose the Software or any online or hardcopy documentation related to
the Software to any third party (other than an Affiliate);
3. adapt, translate, publish, communicate to the public, or create any
derivative work or translation of the Software, unless expressly
permitted by law;
4. sub-license, lease, rent, loan, assign, novate or otherwise transfer the
Software to any third party;
5. reverse engineer, reverse compile, decompile or disassemble the object
code of the Software or any part of the Software (or other underlying
data), or otherwise attempt to derive the source code of the Software,
except to the extent the permitted by law;
6. use any part of the Software other than as an integrated part of the
overall Software program;
7. remove, alter or obscure any PaperCut Marks, or any proprietary or
restricted use notice on the Software;
8. allow the Software to become the subject of any charge, lien,
encumbrance or security interest; or
9. deal in any other manner with any or all of Your rights and obligations
under this Agreement.
Compliance
4.6 You acknowledge and agree that the License Key may prevent, hinder or
reduce availability of features where You are using the Software in excess
of the usage rights that You have agreed to pay for.
4.7 During the period of this Agreement and for 2 years thereafter, You
must permit PaperCut, or its nominee, to inspect and have access to the
Software, the usage logs in the Software, and to any records kept in
connection with this Agreement, for the purposes of ensuring that You (and
Your Affiliates) are complying with the terms of this Agreement.
If PaperCut requires access to Your offices (or those of Your Affiliates)
in order to access the Software or the relevant records then:
1. PaperCut must provide reasonable advance notice to You;
2. any access must be during business hours or other times agreed by You;
3. PaperCut must use reasonable endeavours to minimize any disruption to
Your business; and
4. if PaperCut uses a nominee to conduct the inspection, such nominee must
not be a competitor to You and must sign a non-disclosure agreement
with PaperCut that protects any information found during the inspection
on terms that are no less protective than those terms that are included
in clause 9 of this Agreement.
5. MAINTENANCE & SUPPORT
5.1 This clause 5 applies during the period when You have acquired
Maintenance & Support services.
5.2 If and when PaperCut makes an Update or Upgrade generally available to
customers with Maintenance & Support services for the Software, the Update
or Upgrade will be made available to You at no additional charge for the
eligible period. You must, at your own cost, download and install the
Update or Upgrade within a reasonable period.
5.3 If You (or any of Your employees or employees of any of Your
Affiliates) believe that there is a defect in the Software, those employees
should report it to Your internal support desk personnel, and Your internal
support desk personnel should report it to the applicable Authorized
Partner, if any, who is contracted to provide your primary support. Subject
to PaperCut’s support policies, you or your Authorized Partner may escalate
potential defects directly to PaperCut via our support email address 24/7,
or by calingl PaperCut’s support helpline during business hours. You must
ensure that Your internal support desk personnel are technically competent
and trained in the use of Software. They (and the Authorized Partner) must
use reasonable efforts to resolve the issue prior to
contacting PaperCut for assistance.
5.4 PaperCut will use its best efforts to provide a remedy or a workaround
for any defect in the Software that is reported to its support helpline in
a timeframe that is reasonable, given the nature of the issue and the
impact on Your business operations.
5.5 PaperCut shall have no obligation to provide Maintenance & Support
services:
1. for any Software which has not had any Update or Upgrade installed prior
to the date that PaperCut has notified its customers as being the “end
of life” date for that version. PaperCut shall provide its customers
with at least 90 days’ notice by posting notice on the Website of an
“end of life” date for that particular version;
2. to any adaptations, translations or derivative works made to the
Software; or
3. for any Evaluation License.
5.6 PaperCut shall have no obligation to provide Maintenance & Support
services where faults arise from:
1. misuse, incorrect use of or damage to the Software from whatever cause
(other than any act or omission by PaperCut), including failure or
fluctuation of electrical power;
2. failure to maintain the necessary environmental conditions for use of
the Software;
3. use of the Software in combination with any equipment or software other
than Authorized Platforms;
4. any breach of Your obligations under this Agreement;
5. having the Software maintained by a third party; or
6. user error.
5.7 If it is necessary for PaperCut to attend Your (or Your Affiliates’)
premises to provide Maintenance & Support services, or PaperCut determines
that the work it performed in relation to a logged issue was caused by any
of the items in clause 5.6, then You must pay for such work at PaperCut’s
then current Fees and charges as well as any expenses (and travel time)
incurred by PaperCut in performing such work.
5.8 Maintenance & Support Plus – PaperCut may offer extended support
services beyond standard business hours based on the same terms of support
at an additional cost, subject to further written agreement between you and
PaperCut and/or the Authorized Partner.
6. FEES AND TAXES
6.1 PaperCut will provide You with the ability to download the Software
from our Website as an Evaluation License for use in accordance with this
Agreement without charge.
6.2 Payment relating to the Software or other services provided to you
under this Agreement is typically handled by the agreement between you and
the Authorized Partner. You acknowledge that PaperCut has an interest in
ensuring that its Authorized Partners are appropriately compensated for
selling and supporting the Software. Accordingly, any failure by you to
make full, timely payment to an Authorized Partner for goods or services
associated with this Agreement will constitute a breach of this Agreement.
6.3 Where You agree to pay the Fees, charges and Taxes for any Production
License, Maintenance & Support, additional Software, additional Users or
extended usage rights, further period of Maintenance & Support or other
thing acquired under this Agreement directly to PaperCut by credit card (or
other online payment mechanism supported by PaperCut) then you must
complete the relevant details and authorizations stated on the
Website. PaperCut will provide you with a tax invoice/receipt promptly
following receipt of Your payment.
6.4 Where You agree on the Contract Details to pay the Fees, charges and
Taxes for any Production License, Maintenance & Support, additional
Software, additional Users or extended usage rights, further period of
Maintenance & Support or other thing acquired under this Agreement directly
to PaperCut following receipt of a tax invoice, PaperCut will provide You
with a tax invoice for the Fees and Taxes at the start of the license or
the supply of the service, and You must pay this tax invoice within 14 days
of receipt.
6.5 You are solely responsible for ensuring that PaperCut receives the net
amount of any Fees due directly to PaperCut from you for any transaction
under this Agreement. This means:
1. You must pay any fee for receiving the Software on physical media;
2. You must pay any fee associated with the use of a credit card (or other
payment mechanism accepted by PaperCut);
3. You must pay any fee associated with a bank charge or transfer fee;
4. You must pay any fee incurred by PaperCut for any charge back or other
payment failure, plus PaperCut’s administration fee for dealing with a
failed payment (other than where a refund of the Fees is required to be
provided by law);
5. You are responsible to pay all Taxes. All payments under the Agreement
must be made free and clear and without deduction for any and all
present and future Taxes. Payments due to PaperCut under the Agreement
must be increased so that the amounts received by PaperCut, after
provision for Taxes and all Taxes on such increase, will be equal to the
amounts required under the Agreement as if no Taxes were due on such
payments.
6.6 You irrevocably authorize PaperCut to deduct from your credit card (or
any debit card accepted by PaperCut) any amount due and payable under this
Agreement without further reference to You.
6.7 You must pay a late charge for any failure to make any payment by the
date required under the Agreement, calculated daily using a rate that is 4%
over the Reserve Bank of Australia’s Cash Rate, from the date that the
payment first becomes overdue, to the date that the payment is received
by PaperCut, both dates inclusive.
6.8 If any Fee, charge or Tax is not received by the required
date, PaperCut may suspend Your access to the Software or suspend or cease
providing services to You until the outstanding amounts (including
applicable late charges, damages, costs and expenses) are paid. You do not
have any claim for breach of contract or otherwise for any action taken
by PaperCut under this clause.
7. TRADEMARKS
7.1 You acknowledge and agree that PaperCut is the owner and/or licensee of
the PaperCut Marks. You do not acquire any right to use, or interest in,
any of the PaperCut Marks. You must not at any time or in any way assert
any ownership of, or any right in, the PaperCut Marks and You must not
contest the right of PaperCut or any PaperCut Affiliate or any of their
licensors to the use of any of the PaperCut Marks.
7.2 PaperCut will not use Your (or those of Your Affiliates) trademarks,
logos or branding without your prior written consent. You give us consent
to incorporate any trademark, logo or branding that You provide us into the
Software in order to take advantage of the Software features that allow the
use of customers’ branding. PaperCut may disclose the fact that You (and
Your Affiliates) are customers and the nature of Your (and Your
Affiliates’) use of the Software to third parties in private conversations
and documentation, but PaperCut will not use Your name (or the names of
Your Affiliates) in PaperCut’s general marketing materials, websites, etc.,
without Your prior written consent.
8. PROPRIETARY RIGHTS
8.1 All Intellectual Property Rights created by any person that are
adaptations, translations and derivative works in the Software or related
documentation, are and shall remain the exclusive property of PaperCut (and
its licensors, if any) or shall vest in or be transferred
to PaperCut immediately upon creation, as the case may be.
8.2 Except for the rights expressly granted by PaperCut to You under this
Agreement:
1. PaperCut and its licensors, if any, reserve all right, title and
interest in and to the Software or related documentation and all
Intellectual Property Rights in them;
2. no right, title or ownership interest in or to the Software or related
documentation whether by implication, estoppel or otherwise, is granted,
assigned or transferred to You under or in connection with this
Agreement.
8.3 You must not make any unauthorized copies of the whole or part of the
Software or related documentation. You acknowledge and agree that the
unauthorized disclosure, use or copying of the Software or related
documentation may cause PaperCut serious financial loss that may not be
adequately compensated by monetary damages. Accordingly, in the event of
any unauthorized disclosure, use or copying of the Software or related
documentation, You agree that PaperCut shall have the right to seek
injunctive relief to stop such unauthorized disclosure, use or copying.
Third Party Proprietary Rights:
8.4 Third party software. The Software may include third party software
from whom PaperCut has obtained a licensed right. Licenses for Attributions
to third party software and relevant license information are provided in
the file THIRDPARTYLICENSEREADME.txt in the root folder of the Software
installation.
9. CONFIDENTIAL INFORMATION
9.1 The Recipient must not use any of the Discloser’s Confidential
Information except in connection with the performance of its obligations
specified in this Agreement.
9.2 The Recipient must not disclose the Discloser’s Confidential
Information to any third party without obtaining the Discloser’s prior
written consent, provided that the Recipient may disclose the Discloser’s
Confidential Information to:
1. its employees, agents and contractors, and those of any of its
Affiliates, who have entered into a written agreement with the Recipient
that is no less protective of the Discloser’s Confidential Information
than this Agreement provided those persons have a need to know such
information for the purposes of this Agreement;
2. its lawyers, bankers, auditors, accountants and insurers, who have a
need to know the information in order to provide professional advice to
the Discloser relating to this Agreement.
9.3 You must ensure that each person who is issued with a License Key does
not disclose their License Key to any other person.
9.4 The Recipient must use, and must ensure that any person to whom it is
permitted by this Agreement to disclose the Discloser’s Confidential
Information to uses, the same measures to protect the Discloser’s
Confidential Information as it uses to protect its own confidential
information, but in no event less than reasonable measures.
9.5 The restrictions in this clause 9 shall not apply to information that:
1. is independently developed by the Recipient without any access to the
Confidential Information of the Discloser;
2. becomes known to the Recipient without restriction, from a third party
who, to the Recipient’s knowledge, was not bound by a confidentiality
agreement with the Discloser, or otherwise prohibited from disclosing
the information to the Recipient, or had the right to disclose it;
3. was available to the Recipient on a non-confidential basis prior to
disclosure by the Discloser;
4. was lawfully in the possession of the Recipient before the information
was disclosed to it by the Discloser, and that was not subject to a
confidentiality obligation;
5. is or becomes part of the public domain through no act or omission of
the Recipient;
6. the parties agree in writing is not confidential or may be disclosed; or
7. is required to be disclosed under an order or requirement of a court,
administrative agency, or other governmental body (but only to the
minimum extent required to comply), provided however, that Recipient
shall provide prompt notice to Discloser of any potential disclosure and
shall use its reasonable efforts to prevent disclosure of such
information.
Privacy
9.6 The parties must:
1. comply with the requirements of any privacy law in the country in which
the party is located and in any country to which the personal
information is to be sent; and
2. only use, manipulate, store and handle personal information for the
purposes of meeting its obligations under this Agreement.
9.7 You warrant that:
1. Each individual about whom PaperCut will obtain personal information
from You as a result of this Agreement has agreed to the handling and
processing of his or her personal information as outlined in our Privacy
Policy;
2. You have obtained the informed consent from each individual about whom
PaperCut will obtain personal information from You as a result of this
Agreement, including the individual’s consent to transfer his or her
personal data outside of his or her country of residence as outlined in
our Privacy Policy; and
3. PaperCut, its Representatives and their permitted successors, assignees
and sub-licensees may use that individual’s personal information in any
manner that may be reasonably contemplated by this Agreement, including
a transfer overseas for the purpose of providing support and error
correction services, and as outlined in our Privacy Policy.
Consent to use of data
9.8 You agree that PaperCut may collect and use technical information –
including but not limited to technical information about your system setup,
license, and feature usage – that is gathered periodically to facilitate
the provision of Software updates, product improvement, product support and
other services to You. PaperCut may use this information to improve,
provide, and develop our products, services and technologies. PaperCut will
not disclose this information in a form that personally identifies you.
9.9 Obtaining Updates
1. By clicking the “Check for updates” button, You authorize PaperCut to
gather system, version and licensing information to facilitate the
provision of software updates, product support, and other services to
You (if any) related to the PaperCut software.
2. You agree that our systems may from time to time automatically update
the PaperCut Mobility Software that You have installed to a newer
version. This may involve the automated collection of system
information. you agree to receive these automatic updates without any
additional notice.
10. LIMITATION OF LIABILITY
10.1 Except as set out in this Agreement, to the extent permitted by law,
and subject to clause 10.2, PaperCut’s total, cumulative liability to You
(and Your Affiliates) for any claim whether it be for breach of contract
(including under an indemnity), in tort (including negligence), breach of
statutory duty or otherwise, arising out of or in connection with the
Software, the Maintenance & Support service, this Agreement or the
relationship between the parties, shall be limited to:
1. where the claim arises in connection with the Software, the total of all
Fees paid by You for the Production License; or
2. where the claim arises in connection with the Maintenance & Support, the
total of all Fees paid by You for the Maintenance & Support during the
Maintenance & Support year in which the claim first arose; or
3. for any other claim: USD$10,000
10.2 To the extent permitted by law, PaperCut will not be liable for any
loss, damage or expense which is indirect, consequential, special or
exemplary damages, nor for any lost profits, lost revenue, lost data or
business interruption, even if PaperCut has been advised of, knows of, or
should have known of the possibility of such loss, damage or expense.
10.3 You acknowledge and agree that owing to the nature of the
Software, PaperCut does not represent or warrant that:
1. access to the Software will be continuously available; or
2. the Software will be error free.
10.4 You act as agent for Your Affiliates in respect of this Agreement and
are responsible to PaperCut for their acts and omissions.
11. INDEMNIFICATION
11.1 In addition to any rights You may have at law, PaperCut undertakes at
its own expense to indemnify and defend You or, at PaperCut’s option,
settle any claim or action brought against You alleging that the use or
possession of the Software in accordance with this Agreement infringes any
Intellectual Property Right enforceable in the United States, Canada,
United Kingdom, any country in the EU, Switzerland, Australia, New Zealand,
China, 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:
1. You promptly notify PaperCut 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, as well as providing prompt
access to any Representative who may be relevant to PaperCut’s defense
of Infringement Claim;
2. You do not make any admission of liability, agreement or compromise in
relation to the Infringement Claim without the prior written consent
of PaperCut;
3. You grant PaperCut the sole right to defend, negotiate and settle the
Infringement Claim, at PaperCut’s expense, or at PaperCut’s
option, PaperCut may permit You to defend the Infringement Claim in
which case:
(i) PaperCut will pay any costs associated with Your defense, and will
provide security for such costs; and
(ii) You must follow any reasonable request from PaperCut to avoid,
dispute, defend and/or compromise the Infringement Claim;
4. You provide PaperCut with reasonable assistance, at PaperCut’s expense,
to defend, negotiate and settle the Infringement Claim.
11.2 PaperCut will have no obligation under this clause 11 or otherwise
with respect to any Infringement Claim based upon:
1. any use of the Software not in accordance with this Agreement, or
documentation provided by PaperCut;
2. the combination, operation or use of the Software with any other
product, equipment, business method, software or data;
3. any modification of the Software by any person other than PaperCut or
its Authorized Agents or subcontractors; or
4. any use of the Software after PaperCut has provided You a new software
version, patch or correction that would have overcome the infringement.
11.3 If any Infringement Claim is made, or in PaperCut’s opinion is likely
to be made, then PaperCut may (at its sole option and expense) either:
1. procure for You the right to continue using the affected Software, or
substantially similar software that does not substantially affect the
functionality of the Software, in accordance with this Agreement;
2. replace or modify the affected Software so that it becomes
non-infringing but performs substantially the same functions; or
3. if neither (a) or (b) is commercially reasonable, as determined
in PaperCut’s sole discretion, then PaperCut may terminate Your rights
to use the affected Software and pay damages of up to an amount of the
Fees paid for the license for the Software.
11.4 Subject to any rights that You may have under statute, this clause 11
states PaperCut’s entire liability and Your sole and exclusive remedy for
any claims related to any infringement of the Intellectual Property Rights
in respect of the Software.
12. TERMINATION
12.1 PaperCut may immediately terminate this Agreement for cause by giving
You written notice if You:
1. breach any of the provisions of clauses 4, 6, 7.2, 8.3, 9 or 13.5;
2. breach any other provision of the Agreement and You do not remedy it
within 14 days of PaperCut providing You written notice of the breach;
3. cease to carry on business, are unable to pay Your debts as they fall
due, You enter into liquidation or have a controller, managing
controller, liquidator or administrator appointed or suffer any similar
event in any jurisdiction; or
4. merge with, sell substantially all of Your assets, or You are subject to
a change of control. A “change of control” shall be deemed to occur when
an entity acquires fifty percent (50%) or more of Your voting shares or
equity interest, or fifty percent (50%) or more of Your assets, in the
event of a change of a majority of Your Board of Directors (or majority
of the partners if a partnership), or if there is any other effective
change of control.
12.2 You may immediately terminate this Agreement for cause by
giving PaperCut written notice if PaperCut:
1. breaches any of the provisions of this Agreement and PaperCut does not
remedy it within 30 days of You providing PaperCut written notice of the
breach; or
2. ceases to carry on business, is unable to pay its debts as they fall
due, enters into liquidation or has a controller, managing controller,
liquidator or administrator appointed or suffer any similar event in any
jurisdiction.
12.3 If this Agreement terminates:
1. any license for Software and its related Maintenance & Support
terminates immediately;
2. each party shall immediately return to the other – or at the other
party’s request, destroy – any of the other’s Confidential Information;
3. You must ensure that all copies of the Software installed pursuant to
this Agreement are uninstalled and deleted from all hardware in your
possession or control within 14 days of the date this Agreement is
terminated.
12.4 Any termination of this Agreement shall not prejudice, limit or
restrict any other rights or remedies either party may have arising prior
to such termination. To the extent permitted by law, PaperCut shall be
under no obligation to refund any amounts paid by You for any of the
Software or Maintenance & Support services that have been provided prior to
any termination of this Agreement.
13. GENERAL
Notices
13.1 Any notice that is given under this Agreement:
1. by PaperCut may be:
(i) posted to You;
(ii) emailed to You at any email address provided by You;
(iii) included on any invoice (which may be emailed or posted to You);
or
(iv) posted on the Website. You must review the Website regularly for
notices.
2. by You must be posted to PaperCut at the address stated on the latest
invoice.
13.2 A notice is deemed to be received:
1. when posted from Australia to an address in Australia; within 3 business
days of the date when it was posted;
2. when posted from an address outside of Australia, within 7 days of the
date when it was posted; or
3. when emailed; within 1 business day of the date that the email was sent,
provided no notice of failure has been received by the sender;
4. when posted on the Website, within 3 business days of the date it was
posted.
Relationship of parties
13.3 The parties to this Agreement are independent contractors. Nothing in
this Agreement shall be deemed to create an agency, employment,
partnership, fiduciary or joint venture relationship between the parties,
constitute any party the agent of another party, nor authorize any party to
make or enter into any commitments for or on behalf of any other party.
Complilance with laws
13.4 You must comply with all laws which are relevant to You performing
Your obligations under this Agreement.
Assignment
13.5 You must not assign or transfer this Agreement or any rights or
obligations under this Agreement, in whole or part, without the prior
written consent of PaperCut.
13.6 PaperCut may assign or transfer this Agreement, in whole or part,
without Your consent to any PaperCut Affiliate or in connection with a
merger, acquisition, or purchase of fifty percent (50%) or more of its
assets. PaperCut may assign or transfer all or part of any of its rights to
receive any Fees and Taxes or other monies due under this Agreement, to any
person without Your consent. Notwithstanding clause 9, PaperCut may
disclose any of Your Confidential Information which is reasonably necessary
to affect any assignment or transfer.
Waiver
13.7 No failure or delay by a party to exercise any right or remedy
provided under this Agreement or by law shall constitute a waiver of that
or any other right or remedy, nor shall it preclude or restrict the further
exercise of that or any other right or remedy. No single or partial
exercise of such right or remedy shall preclude or restrict the further
exercise of that or any other right or remedy.
Remedies
13.8 Except as specifically provided otherwise in this Agreement, the
rights and remedies provided under this Agreement are cumulative and in
addition to, and not exclusive of, any rights or remedies provided by law.
Severability
13.9 If any part of this Agreement is determined to be invalid, illegal or
unenforceable by any court or competent authority, such part will be
severed from the remainder of the Agreement and the remaining provisions
will continue in force.
Force Majeure
13.10 Except for Your obligations to pay PaperCut under this Agreement,
neither party shall be in breach of this Agreement nor liable to the other
party for any failure or delay in performance caused by events beyond the
party’s reasonable control.
Agreement
13.11 All clauses which naturally survive termination of the Agreement,
including clauses 4.5, 4.7, 7.1, 8, 9, 10, 12.3(b), 12.4 and 13, will
survive termination of this Agreement.
13.12 The parties are entitled to rely on any notice or communication in
electronic format, including any facsimile or email, that on its face
appears authentic, and that has the purported author’s name on it to the
same extent as if it were a document written by the author. The parties
consent to this Agreement being signed or varied through electronic
communication.
13.13 To the extent permitted by law:
1. PaperCut excludes any warranty or guarantee not expressly stated in this
Agreement, whether express, implied or statutory, including any
guarantees or warranties of acceptability and fitness for a particular
purpose;
2. this Agreement constitutes the entire agreement between the parties
regarding the subject matter and supersedes all prior or contemporaneous
agreements, arrangements, understandings and communications, whether
written or oral.
Export
13.14 You acknowledge and agree that the Software may be subject to
applicable export and import laws. You agree not to export the Software or
any direct product thereof, directly or indirectly in violation of these
laws, nor will they be used for any purpose prohibited by these laws,
including nuclear, chemical or biological weapons proliferation.
Governing Law
13.15 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.
13.16 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.
13.17 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.
14. COUNTRY-SPECIFIC PROVISIONS
The following provisions apply to the extent required under local laws.
Australia:
Australian Consumer Law
14.1 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.
14.2 The Maintenance & Support services that are provided to remedy any
defect in the Software may be a “Warranty Against Defects” as defined in
the ACL.
The Maintenance & Support services are provided by PaperCut Software Pty
Ltd, Level 1, 3 Prospect Hill Rd, Camberwell, Victoria, 3124, Australia,
tel +61 3 9809 5194, email address customer.service@papercut.com .
In order to make use of the Maintenance & Support services, You must
contact PaperCut’s support helpline during the period of your agreement for
Maintenance & Support service using process in clause 5.3. When you make
use of the Maintenance & Support services, PaperCut will use its best
efforts to provide a remedy or a workaround for any defect in the Software
in a timeframe that is reasonable given the nature of the issue and the
impact on your business operations. This service is not available for
Evaluation Licenses. The costs for the service in respect of the Production
Licenses are included within the Fees that are set out in the Contract
Details. No additional fees are payable by you for the Maintenance &
Support for Production Licenses. You are responsible for any expenses you
incur in using the Maintenance & Support. The benefits that we provide to
consumers under our 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. The provision of Maintenance & Support services may
result in the loss of user generated data.
14.3 To the extent permitted by law, PaperCut’s liability for a failure to
comply with any statutory guarantee is limited to one or more of the
following, at PaperCut’s option:
1. the replacement of the goods or the supply of equivalent goods;
2. the repair of the goods;
3. the payment of the cost of replacing the goods or of acquiring
equivalent goods;
4. the payment of the cost of having the goods repaired, unless it is not
fair or reasonable for PaperCut to rely on this term of the Agreement.
Copyright (c) 2024 PaperCut Software Pty. Ltd.
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