This software has been distributed by printoku.com, from now on the “DISTRIBUTOR”. The use of this license and software is governed by the following points.
This end user license agreement is a contract between (a) you (either an individual or the entity you represent) and (b) the “Printoku.com” distributor, which determines the use you can make of this software product (“Software”). The term “Software” may include (i) the product, (ii) all tangible or intangible assets (for example, User Documentation). THE RIGHTS INCLUDED IN THE SOFTWARE ARE ONLY OFFERED UNDER THE CONDITION THAT YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. YOU WILL BE ACCEPTING THE AGREEMENT IF YOU INSTALL, COPY, DOWNLOAD OR USE THIS SOFTWARE IN ANY WAY. IF YOU DO NOT ACCEPT THIS LICENSE AGREEMENT, DO NOT INSTALL, DOWNLOAD OR USE THE SOFTWARE IN ANY WAY.
1. PURCHASE AND SALE. Subject to the terms and conditions of this Agreement, the Seller shall, on a non-exclusive basis, sell to Buyer, and Buyer shall, on a non-exclusive basis, purchase from Seller, the Goods.
2. PAYMENT. Payment for the Goods may be made via cash, credit, check, or bank transfer. The software costs will be detailed in a separate contract or invoice between you and Printoku. In the event that you breach any clause of the separate payment contract, the license granted in this agreement will automatically terminate without notice.
3. SHIPMENT. The main software is sent digitally. If the Buyer purchases hardware with it, unless expressly agreed to by the Parties in writing, Seller shall select the method of shipment of, and the carrier for, the Goods.
4. DELIVERY. If the Goods purchased require a delivery, for example, the software installed in an SBC (Raspberry Pi), unless expressly agreed to by the Parties, Seller shall ship the Goods via a common carrier of Seller’s choice to the Buyer’s address as provided in the Invoice.
Any time quoted by Seller for delivery is an estimate only. Seller is not liable for or in respect of any loss or damage arising from any delay in filling any order, failure to deliver or delay in delivery. No delay in the shipment or delivery of the Goods relieves Buyer of its obligations under this Agreement.
5. NO RIGHT OF RETURN. Once Goods are shipped, it is deemed accepted and Buyer has no right to return Goods. If an order is cancelled prior to shipment restocking fee will be applied of 60euros unless there is a different agreement between the Buyer and the Seller.
6. INSPECTION PERIOD. If the Buyer purchases Hardware, Buyer shall inspect the Goods with ten (14) days of receipt (“Inspection Period”) of the Goods and either accept or, if such Goods are Defective Goods, shall notify Seller within the Inspection Period. Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing of any Defective Goods during the Inspection Period. If Buyer timely notifies Seller of any Defective Goods, Seller shall determine, in its sole discretion, whether the Goods are Defective Goods. If Seller determines that the Goods are Defective Goods, Seller will replace the Defective Goods with Conforming Goods. To keep this Agreement valid throughout the Warranty Period, You must comply with the following requirements:
- Retain any proof of purchases and any receipts for maintenance services, repairs, Seller updates and/or modifications. You may be required to furnish these documents in the event of a claim.
- Operate and maintain the equipment in accordance with the recommendations and instructions in the assembly videos, instruction manuals, help desk, and Seller’s support team responses. These guidelines are essential to ensure the proper operation of the Covered Product.
- Seller is not responsible for any damage to the other devices connected to Printoku Software and bought separately.
7. PRODUCT WARRANTIES. Seller warrants to Buyer that for a period of six months, from the order date, will offer support for any problems with the software. Warranty does not cover hardware because Products manufactured by a third party (“Third Party Product”) are not covered by the warranty. The warranty of those Products is set by the manufacturer. For the avoidance of doubt, Seller makes no representations or warranties with respect to any Third Party Product. For instance, Third Party Products are a Raspberry Pi or a DNP Printer.
8. FILING A CLAIM. Email firstname.lastname@example.org during normal business hours for the appropriate authorized technician. All repairs must be authorized by the Supplier prior to performance of work. Claims on unauthorized repairs may be denied.
9. THIRD PARTY SOFTWARE. This Software may include other software whose license belongs to third parties (“Third Party Software” and “Third Party License”). All Third Party Software is granted under license subject to the terms and conditions of the corresponding third party license. Normally, third party licenses can be found at the end of this document; If you cannot find such a license, you should contact the “DISTRIBUTOR” support service. If third-party licenses include licenses that provide the possibility of accessing the source code (such as the GNU general license) and the corresponding source code is not included with the Software, consult the “DISTRIBUTOR” to find out how to obtain said source code.
10. RIGHTS OF THE LICENSE. Assuming you agree with all the terms and conditions of this license agreement, you will have the following rights: a. Use. The “DISTRIBUTOR” grants you a license to use a copy of the software. “Use” includes installing, copying, storing, loading, executing, viewing or in any way using the software on a device. You cannot modify the “DISTRIBUTOR” Software or deactivate any of its license or control features. If the “DISTRIBUTOR” has provided you with this Software for use in conjunction with a print or image manipulation product (for example, the Software is a printer driver, a firmware or an add-on), you can only use Software with that product. In the User Documentation it is possible that certain additional restrictions on its use may appear. You cannot separate the components that are part of the “DISTRIBUTOR” Software for use. You do not have permission to distribute the “DISTRIBUTOR” Software. b. Copy. Your right to copy means that you may make backup copies or store a copy of the Software, provided that such copies contain all proprietary notices of the Software and that they are only used for the purpose of saving a backup copy.
11. UPDATES. To use the “DISTRIBUTOR” Software that it has provided as an update or an add-on (generally “update”), you must first have the original “DISTRIBUTOR” Software license that entitles you to update it. As long as the update replaces the original Software, you can no longer use that Original Software. This license agreement applies to each of the updates, unless the “DISTRIBUTOR” offers different terms with that update. In the event of a conflict between this license agreement and those other terms, the latter will have priority.This software depends on other software and features such as printer drivers or others. Always check with the dealer before updating any external components to ensure its operation. The distributor is not responsible if the drivers or other third-party software are modified and the product does not work with the new conditions. For this reason, do not update without consulting the dealer.
12. TRANSFER. Transfer to third parties. The end user who initially acquired the “DISTRIBUTOR” Software cannot make a transfer to another user without notifying the DISTRIBUTOR and the latter accepting it in a written document. You can find the contact at printoku.com. Only one transfer can be approved for each license. Any type of transfer must include all components, media, user documentation, this same agreement and, if applicable, the certificate of authenticity. The transfer cannot be indirect, such as by means of a shipment. Prior to the transfer, the end user receiving the Software must accept this license agreement.
13. LIMITATIONS REGARDING REVERSE ENGINEERING You may not disassemble or decompile the Software or carry out a reverse engineering process. The Owner (indicated in point 7) and the distributor reserve the right to take action and claim in the event that any person (either person, company or institution) does reverse engineering.
14. PROPERTY RIGHTS. All intellectual property rights included in the Software are the property of the Programmer (hereinafter, “OWNER”, or its suppliers and are protected by law, including laws related to copyright, trade secrets and patents The brand “Printoku.com” and all its tangible and intangible assets are the property of the “DISTRIBUTOR.” The distribution of this software belongs to Printoku.com, where the latter has indicated the necessary characteristics of the product. You cannot remove any identification, copyright notice or ownership and distribution restrictions that the Software includes.
15. CONSENT TO USE THE DATA. The “DISTRIBUTOR” only has access to the status of the license. The “OWNER” may collect and use technical information that he provides in relation to (i) his use of the Software or the Product of the “OWNER”, or (ii) the provision of assistance services related to the Software or with the Product of the “DISTRIBUTOR”. The “OWNER” will not use such information in any way to identify you personally, except for the purpose of improving its use or to provide technical assistance services.
16. LIMITATION OF LIABILITY. Regardless of the damages that you may incur, all the responsibility of the “OWNER”, the “DISTRIBUTOR” and its suppliers subject to this license agreement and its exclusive resource will be limited at most 5 US dollars. IN NO EVENT WILL THE “OWNER” OR THE “DISTRIBUTOR” BE LIABLE FOR ANY DIRECT, INDIRECT, FORTUITOUS, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGE OF LOSSES OF BENEFITS OF INTERRUPTION SERVICE, PERSONAL DAMAGE OR LOSS OF PRIVACY) RESULTS IN ANY WAY OF USE OR THE INABILITY TO USE THE SOFTWARE, EVEN IF THE “OWNER” OR ANY OF ITS SUPPLIERS HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF PREVIOUS RESOURCE FAILS AS TO ITS ESSENTIAL PURPOSE.
17. COMPLIANCE WITH EXPORT LAWS: You must comply with all laws, rules and regulations (i) applicable to the export or import of Software, or (ii) that restrict the use of the Software.
18. RESERVATION OF RIGHTS. The “OWNER”, “DISTRIBUTOR” and its suppliers reserve all rights that have not been expressly granted in this license agreement.
19. TERMINATION: This agreement is effective as of the date you received the Licensed Program. The license granted in this agreement will automatically terminate without notice, and the DISTRIBUTOR reserves the rights to block the software in the event that you breach any clause of this agreement or in the event that you infringe in any way the copyright rights on The Licensed Program.