Legal

Terms and Conditions

THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS FOR YOUR USE OF THIS PRINTERON (“PrinterOn”) WEBSITE (the “Website”) AND ANY OF THE SERVICES (the “Services”) OFFERED BY PRINTERON™ THROUGH THIS WEBSITE. YOUR USE OF THIS WEBSITE AND/OR THE SERVICES IS SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS AND BY USING THIS WEBSITE AND/OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE AND/OR THE SERVICES.

YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THIS WEBSITE AND THE SERVICES AND POSSESS THE LEGAL RIGHT AND ABILITY TO ENTER INTO THESE TERMS AND CONDITIONS AND TO USE THE WEBSITE AND SERVICES IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.

1. License Grant. PrinterOn grants you a non-exclusive, non-transferable license to use this Website and the Services in accordance with these terms and conditions of use and any other terms and conditions set out on the Website. Printing Portals and PrintSpots are limited to an annual page printing limit of 50,000 pages. PrinterOn reserves the right to review, change and enforce such page limitations.

2. Restrictions on Use. You agree not to: 
(a) License, sublicense, sell, distribute or otherwise transfer any right in or to the Services;
(b) Knowingly interrupt, or attempt to interrupt, the operation of the Website or Services in any way;
(c) Use the Services to send the same or substantially similar unsolicited e-mail messages or print jobs, whether commercial or not, to more than 20 recipients in a single operation;
(d) Distribute or otherwise publish, through the use of the Services, any communication and/or document which: 

i. Is obscene, indecent, pornographic, profane, sexually explicit, or abusive;
ii. Slanders, libels or defames any person or entity;
iii. Infringes or violates the intellectual property rights, contract rights or any other rights of any third party;
iv. Violates any applicable laws, rules, or regulations; or
v. Contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

3. Payment. Use of the Services is dependent upon you agreeing to pay the fees indicated by PrinterOn for use of such Service.

4. A PrinterOn membership is created for the Administrator of the portal. The Administrator will receive an email containing an assigned password and an invitation to change that password. You are solely responsible for maintaining the confidentiality of any password you use to access the Services, and agree that PrinterOn will have no obligation with regard thereto. 

5. Update of Service Information. You shall be solely responsible for checking your Service Information to determine whether such information is current and accurate and, if not current or accurate, you shall promptly update or correct, as the case may be, your Service Information. You agree to promptly provide written notice to PrinterOn of any known or suspected unauthorized use of your Service Information, or any known or suspected breach of security, including loss, theft, or unauthorized use of your Service Information. If your credit card expires, is cancelled, is lost or is subject to use without your authorization, you must provide notice of such information and revise your Service Information accordingly, if such credit card use is applicable to the use of the Services.

6. Ownership. You acknowledge and agree that ePRINTit™, PrinterOn™ and any third party licensors retain all right, title and interest in and to all of the content of the Website, including without limitation, the text, images, software, audio and video clips, databases and Services (collectively, the “Content”), including all intellectual property rights therein (whether or not patentable or registrable under copyright, trademark, or similar legislation or subject to analogous protection), including without limitation, any and all enhancements, improvements, corrections and/or modifications to the Website and/or the Services, save and except for content solely rightfully provided by you. Nothing in these terms and conditions confers to you any ownership rights to the Website or the Services. This website, and related software, contains matter covered by U.S. and international patents, including U.S. Patents 8,570,566, 7,827,293, 7,249,188, 7,007,093 and 6,990,527.

7. Content of Communications Using PrinterOn’s Services. You are solely responsible for the content of any transmissions of communications you send or receive using the Services through the Website.

8. Privacy Policy. ePRINTit™ and PrinterOn’s™ policy with respect to the collection, use and disclosure of your personal information is set forth in our Privacy Policy.

9. Monitoring. Through the use of the Services, PrinterOn™ provides you with the opportunity to receive, send and print documents and/or communications. PrinterOn™ reserves the right, but has no obligation, to monitor your usage of the Services to determine, in PrinterOn’s™ sole discretion, if such usage may violate the terms of this Agreement. PrinterOn™ shall not monitor, nor can it access the content of any print job sent using the Services.

10. Links to Other Sites. The Website may contain links and pointers to other websites maintained by third parties. Such links do not constitute an endorsement by ePRINTit™ or PrinterOn™ or any of its affiliated corporations and their respective directors, officers, employees, or shareholders (the “Affiliates”) of such websites or any of the contents of such websites. ePRINTit™ and PrinterOn™ and its Affiliates do not control, and are not responsible for, the availability, accuracy, or currency of such third-party sites or any information, content, products, or services accessible from such third-party websites.

11. Modifications.
(a) To the Agreement:
ePRINTit™ or PrinterOn™ has the right to modify, in its sole discretion, this Agreement. Any modification is effective immediately upon posting to the Website or upon distribution via e-mail. Your continued use of the Website following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s).

(b) To the Website:
ePRINTit™ or PrinterOn™ has the right, in its sole discretion without notice, to modify, correct any errors or omissions in any portion of the Website, suspend or discontinue the Website or any portion thereof at any time, including, without limitation, the availability of any Services. PrinterOn may also impose limits on certain features and other services available through the Website or restrict your access to parts or all of the Website without notice or liability.

12. Termination. PrinterOn my terminate this Agreement and/or your access to and use of the Website or Services:
(a) Immediately, in the event PrinterOn determines, in its sole discretion, that you have breached this Agreement, including, without limitation, Sections 2, 3, 5 and 15;
(b) Upon 5 days prior written notice by e-mail from PrinterOn for any reason.

13. Disclaimer of Warranties. You expressly understand and agree that your use of the Website and Services is at your sole risk. The Website and Services are provided to you on an “AS IS” basis and may not always be available due to causes described in Section 14 hereof and you acknowledge that:
(a) The transmission or receipt of any e-mail messages and/or attachments using the Services may occur over an unsecured network and may therefore not remain confidential; and
(b) The form and content of any e-mail message and/or attachments transmitted or received using the Services may differ from the original. PrinterOn expressly disclaims all warranties and conditions of any kind, whether express or implied, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. You agree that no advice or information, whether oral or written, obtained by you from PrinterOn or through or from the Website or the Services shall create any warranty not expressly stated in these terms and conditions.

14. Limitation of Liability. You agree that in no event will PrinterOn or its Affiliates be liable for damages in respect of incidental, ordinary, punitive, exemplary, indirect, special or consequential damages including, but not limited to, lost business revenue, lost profits, loss of data, loss of business opportunity or any claim against PrinterOn by any other party even if PrinterOn has been advised of the possibility of such damage, claim or loss. You agree that PrinterOn will not be liable to you or any third party for:
(a) Any termination of your access to the Website or Services;
(b) Any unauthorized disclosure of your passwords or other personal identification numbers that may be assigned to you by PrinterOn or chosen by your for access to the Website and/or Services or unauthorized disclosure of your Account Information that occurs through no fault of PrinterOn; or
(c) The accuracy, truthfulness or validity of any data entered by you through use of the Website or Services.

You further acknowledge and agree that PrinterOn will not be liable for any loss resulting from a cause over which PrinterOn does not have any direct control, including but not limited to, failure of equipment or services relating to your computer, problems with data transmission facilities or your telephone or telephone service, unauthorized access, theft, operator errors, severe weather, earthquakes or labour disputes. PrinterOn is not responsible for any damage to your computer, software, modem, telephone or wireless device or other property resulting from your use of the service. You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Services or arising out of these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages and accordingly, some of the above limitations may not apply to you.

15. Indemnification. You agree to indemnify and hold ePRINTit™ or PrinterOn™ harmless from and against any loss, liability, cost, expense or damage arising out of any claim, suit, action or judgment brought against ePRINTit™ or PrinterOn™ or its Affiliates related to your violation of any provincial, state, federal or other laws or regulations or any third-party rights, including, without limitation, invasion of privacy terms.

16. General Provisions. 
(a) These terms and conditions constitute the full, final and entire agreement between you and ePRINTit™ or PrinterOn™. All prior agreements or representations, written or oral, between you and ePRINTit™ or PrinterOn™ are superseded by these terms and conditions.
(b) These terms and conditions inure to the benefit of and shall be binding upon our respective heirs, successors or permitted assigns, as the case may be.
(c) If any of these terms and conditions are found by a court of competent jurisdiction to be invalid, the parties hereto nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such term or condition, and the other terms and conditions shall remain in full force and effect.
(d) These terms and conditions shall be governed and construed in accordance with the laws of the State of Illinois, U.S.A. applicable therein without reference to its conflict of laws principles. The parties irrevocably submit to the exclusive jurisdiction of a court of competent jurisdiction in Illinois in any suit, action or other legal proceeding relating to these terms and conditions and all claims in respect to any such suit, action or other legal proceeding may be heard and determined in and enforced in and by any such court.  

SaaS Software License Agreement

THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS FOR YOUR USE OF THIS PRINTERON (“PrinterOn”) WEBSITE (the “Website”) AND ANY OF THE SERVICES (the “Services”) OFFERED BY PRINTERON™ or EPRINTIT™ THROUGH THIS WEBSITE. YOUR USE OF THIS WEBSITE AND/OR THE SERVICES IS SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS AND BY USING THIS WEBSITE AND/OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE AND/OR THE SERVICES.

YOU MUST BE AT LEAST 18 YEARS OF AGE TO CONTRACT FOR OUR SERVICES AND POSSESS THE LEGAL RIGHT AND ABILITY TO ENTER INTO THESE TERMS AND CONDITIONS AND TO USE THE WEBSITE AND SERVICES IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.

1. License Grant. ePRINTit™ and PrinterOn™  grant you a non-exclusive, non-transferable license to use this Website and the Services in accordance with these terms and conditions of use and any other terms and conditions set out on the Website. PrinterOn™ Public Printing Portals and PrintSpots™ are limited to an annual page printing limit of 50,000 pages. PrinterOn™ reserves the right to review, change and enforce such page limitations.

2. Restrictions on Use. You agree not to:
(a) License, sublicense, sell, distribute or otherwise transfer any right in or to the Services;
(b) Knowingly interrupt, or attempt to interrupt, the operation of the Website or Services in any way;
(c) Use the Services to send the same or substantially similar unsolicited e-mail messages or print jobs, whether commercial or not, to more than 20 recipients in a single operation;
(d) Distribute or otherwise publish, through the use of the Services, any communication and/or document which:
i. Is obscene, indecent, pornographic, profane, sexually explicit, or abusive;
ii. Slanders, libels or defames any person or entity;
iii. Infringes or violates the intellectual property rights, contract rights or any other rights of any third party;
iv. Violates any applicable laws, rules, or regulations; or
v. Contains software viruses, or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. 

vi. breach any privacy rules as to the General Data Protection Regulations (GDPR) compliance regulations. These rules may change from time to time, and it is your responsible to ensure their compliance. For reference, please refer to the latest rules at https://gdpr-info.eu/ 

3. Payment. Use of the Services is dependent upon you agreeing to pay the fees indicated by PrinterOn for use of such Service.

4. A PrinterOn™ membership is created for the Administrator of a PrinterOn™ portal. The Administrator will receive an email containing an assigned password and an invitation to change that password. You are solely responsible for maintaining the confidentiality of any password you use to access the Services and agree that ePRINTit™ or PrinterOn™ will have no obligation with regard thereto. 

5. Update of Service Information. You shall be solely responsible for checking your Service Information to determine whether such information is current and accurate and, if not current or accurate, you shall promptly update or correct, as the case may be, your Service Information. You agree to promptly provide written notice to PrinterOn™ of any known or suspected unauthorized use of your Service Information, or any known or suspected breach of security, including loss, theft, or unauthorized use of your Service Information. If your credit card expires, is cancelled, is lost or is subject to use without your authorization, you must provide notice of such information and revise your Service Information accordingly, if such credit card use is applicable to the use of the Services.

6. Ownership. You acknowledge and agree that PrinterOn and any third party licensors retain all right, title and interest in and to all of the content of the Website, including without limitation, the text, images, software, audio and video clips, databases and Services (collectively, the “Content”), including all intellectual property rights therein (whether or not patentable or registrable under copyright, trademark, or similar legislation or subject to analogous protection), including without limitation, any and all enhancements, improvements, corrections and/or modifications to the Website and/or the Services, save and except for content solely rightfully provided by you. Nothing in these terms and conditions confers to you any ownership rights to the Website or the Services. This website, and related software, contains matter covered by U.S. and international patents, including U.S. Patents 9,058,138, 8,970,873, 8,843,617, 8,570,566, 7,827,293, 7,249,188, 7,007,093 and 6,990,527.

7. Content of Communications Using PrinterOn’s™ Services. You are solely responsible for the content of any transmissions of communications you send or receive using the Services through the Website.

8. Privacy Policy. PrinterOn’s™ policy with respect to the collection, use and disclosure of your personal information is set forth in our Privacy Policy.
 
9. Monitoring. Through the use of the Services, PrinterOn™ provides you with the opportunity to receive, send and print documents and/or communications. PrinterOn™ reserves the right, but has no obligation, to monitor your usage of the Services to determine, in PrinterOn’s sole discretion, if such usage may violate the terms of this Agreement. PrinterOn™ or ePRINTit™ shall not monitor nor can it access the content of any print job sent using the Services.

10. Links to Other Sites. The Website may contain links and pointers to other websites maintained by third parties. Such links do not constitute an endorsement by ePRINTit™ or any of its affiliated corporations and their respective directors, officers, employees or shareholders (the “Affiliates”) of such websites or any of the contents of such websites. PrinterOn™ and ePRINTit™ and its Affiliates do not control, and are not responsible for, the availability, accuracy, or currency of such third-party sites or any information, content, products or services accessible from such third-party websites.

11. Modifications. 
(a) To the Agreement:
PrinterOn™ or ePRINTit™ has the right to modify, in its sole discretion, this Agreement. Any modification is effective immediately upon posting to the Website or upon distribution via e-mail. Your continued use of the Website following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s).
(b) To the Website:
PrinterOn™ or ePRINTit™  has the right, in its sole discretion without notice, to modify, correct any errors or omissions in any portion of the Website, suspend or discontinue the Website or any portion thereof at any time, including, without limitation, the availability of any Services. PrinterOn may also impose limits on certain features and other services available through the Website or restrict your access to parts or all of the Website without notice or liability.

12. Termination. PrinterOn™ or ePRINTit™  may terminate this Agreement and/or your access to and use of the Website or Services:
(a) immediately, in the event PrinterOn™ or ePRINTit™  determines, in its sole discretion, that you have breached this Agreement, including, without limitation, Sections 2, 3, 5 and 15;
(b) upon 5 days prior written notice by e-mail from PrinterOn™ or ePRINTit™  for any reason.

13. Disclaimer of Warranties. You expressly understand and agree that your use of the Website and Services is at your sole risk. The Website and Services are provided to you on an “AS IS” basis and may not always be available due to causes described in Section 14 hereof and you acknowledge that:
(a) the transmission or receipt of any e-mail messages and/or attachments using the Services may occur over an unsecured network and may therefore not remain confidential; and
(b) the form and content of any e-mail message and/or attachments transmitted or received using the Services may differ from the original. PrinterOn™ and ePRINTit™ expressly disclaims all warranties and conditions of any kind, whether express or implied, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. You agree that no advice or information, whether oral or written, obtained by you from PrinterOn™ or ePRINTit™  or through or from the Website or the Services shall create any warranty not expressly stated in these terms and conditions.

14. Limitation of Liability. You agree that in no event will PrinterOn™ or ePRINTit™ or its Affiliates be liable for damages in respect of incidental, ordinary, punitive, exemplary, indirect, special or consequential damages including, but not limited to, lost business revenue, lost profits, loss of data, loss of business opportunity or any claim against PrinterOn™ or ePRINTit™  by any other party even if PrinterOn™ or ePRINTit™  has been advised of the possibility of such damage, claim or loss. You agree that PrinterOn™ or ePRINTit™  will not be liable to you or any third party for:
(a) Any termination of your access to the Website or Services;
(b) Any unauthorized disclosure of your passwords or other personal identification numbers that may be assigned to you by PrinterOn™ or ePRINTit™  or chosen by your for access to the Website and/or Services or unauthorized disclosure of your Account Information that occurs through no fault of PrinterOn™ or ePRINTit™; or
(c) The accuracy, truthfulness or validity of any data entered by you through use of the Website or Services.

You further acknowledge and agree that PrinterOn™ or ePRINTit™;  will not be liable for any loss resulting from a cause over which PrinterOn™ or ePRINTit™;  does not have any direct control, including but not limited to, failure of equipment or services relating to your computer, problems with data transmission facilities or your telephone or telephone service, unauthorized access, theft, operator errors, severe weather, earthquakes or labour disputes. PrinterOn™ or ePRINTit™;  is not responsible for any damage to your computer, software, modem, telephone or wireless device or other property resulting from your use of the service. You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Services or arising out of these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages and accordingly, some of the above limitations may not apply to you.

15. Indemnification. You agree to indemnify and hold PrinterOn™ and ePRINTit™;  harmless from and against any loss, liability, cost, expense or damage arising out of any claim, suit, action or judgment brought against PrinterOn™ or ePRINTit™;  or its Affiliates related to your violation of any provincial, state, federal or other laws or regulations or any third party rights, including, without limitation, invasion of privacy terms.

16. General Provisions.
(a) These terms and conditions constitute the full, final and entire agreement between you and PrinterOn. All prior agreements or representations, written or oral, between you and PrinterOn are superseded by these terms and conditions.
(b) These terms and conditions inure to the benefit of and shall be binding upon our respective heirs, successors or permitted assigns, as the case may be.
(c) If any of these terms and conditions are found by a court of competent jurisdiction to be invalid, the parties hereto nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in such term or condition, and the other terms and conditions shall remain in full force and effect.
(d) These terms and conditions shall be governed and construed in accordance with the laws of the State of Illinois, U.S.A., applicable therein without reference to its conflict of laws principles. The parties irrevocably submit to the exclusive jurisdiction of a court of competent jurisdiction in Illinois in any suit, action or other legal proceeding relating to these terms and conditions and all claims in respect to any such suit, action or other legal proceeding may be heard and determined in and enforced in and by any such court. The parties agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply to this Agreement.

If you have any questions or require clarification, please contact in writing: 

ePRINTit USA, LLC.
7820 S Quincy Street,  

Willowbrook IL 60527 

Telephone: 630-537-1370 

FAX: 630-537-1369 

Enterprise Solution License Agreement

This legal document is an agreement (the “License”) between one end user who may be an individual or business entity (“Licensee”), and ePRINTit USA, LLC. (“ePRINTit™” or “PrinterOn™“), regarding the software recorded on the enclosed media or software to be downloaded from the website to which Licensee is directed (the “Software”). LICENSEE ACCEPTS AND AGREES TO BE BOUND BY THE TERMS OF THIS LICENSE BY DOWNLOADING OR INSTALLING THE SOFTWARE. RIGHTS IN THE SOFTWARE ARE OFFERED ONLY ON THE CONDITION THAT LICENSEE AGREES TO ALL TERMS AND CONDITIONS OF THIS LICENSE. IF LICENSEE DOES NOT ACCEPT THE TERMS OF THIS LICENSE, LICENSEE SHALL NOT DOWNLOAD OR INSTALL THE SOFTWARE.

The intent of this license is to enable PrinterOn Enterprise functionality within an organization for internal use of the organization to provide service to its employees and the internal operations of the organization. This license is not applicable to public print solutions. If the intent of the licensee is to provide public print solutions, then the licensee should refer to PrinterOn and refer to the use of the PrinterOn Hosted solution which is provided under a separate subscription term and agreement. Public print solutions are solutions that are accessible to the general public in publicly accessible areas.

1. OWNERSHIP OF SOFTWARE. ePRINTit™ and its third-party suppliers retain title and ownership of all rights, including copyright and all other intellectual property rights, in and to the Software and accompanying written materials (the “Documentation”), and all copies thereof, regardless of form or media. This License is not a sale of any rights in or to the Software or the Documentation or any copy thereof. Licensee acquires no right whatsoever to the Software or the Documentation except the right to use the Software and the Documentation in accordance with the terms of this License. This Software contains matter that is covered by US and international patents, including US Patents 9,356,882, 9,058,138, 8,970,873, 8,843,617, 8,570,566, 7,007,093, 7,249,188, 6,990,527 and 7,827,293.

2. THIRD PARTY LICENSES. Licensee acknowledges that the Software may utilize software and other materials provided by third parties (“Third Party Product”). Such third parties may enforce the provisions of this License to the extent such third-party software and other materials are used by Licensee. Any limitation of liabilities in this License also apply to such third-party suppliers and the third-party software and other materials provided by them. Such limitation of liabilities applies to the Software as a whole and are not cumulative. Licensee agrees that ePRINTit™  and its subsidiaries are not responsible for any Third Party Product and make no representations or warranties relating to such Third Party Product; Licensee accesses such Third Party Product at Licensee’s own risk. Licensee also acknowledges and agrees that additional policies, terms, conditions and licenses (“Special Terms”) may govern Licensee’s use of a particular Third Party Product, in which case such Special Terms shall supplement this License with respect to Licensee’s use of such Third Party Product. Licensee agrees to abide by such other Special Terms, including where applicable representing that, if an individual, Licensee is of sufficient legal age to use such Third Party Product. In the event of a conflict or inconsistency between this License and any such Special Terms, the Special Terms shall prevail with respect to Licensee’s use of that part or feature of the Third Party Product giving rise to the conflict or inconsistency. Furthermore, notwithstanding the terms and conditions of this License, all or any portion of the Software which constitutes non-proprietary ePRINTit™  software or software provided under public license by third parties (“Freeware”), is licensed subject to the terms and conditions of the software license agreement accompanying such Freeware whether in the form of a discrete agreement, shrink wrap license or electronic license terms accepted at time of download. Use of the Freeware shall be governed entirely by the terms and conditions of such license.

3. GRANT OF LICENSE. ePRINTit™  grants to Licensee, a nonexclusive and non-transferrable, perpetual right to use for personal or internal business purposes the executable code version of the Software and the Documentation, as long as Licensee complies with the terms and conditions of this License (the “PON License”). ePRINTit™ reserves all rights not expressly granted to Licensee in this License. For the licensing of the Software, a “printer” is defined as a physical device capable of outputting hardcopy printed material. One PON License is required for each printer that produces output that is generated, supported or handled by the SOFTWARE and/OR the Global Print Directory (as defined in the next paragraph). This PON License per printer is required regardless of whether one or multiple physical devices are connected to one print queue.

Each PON License permits the Licensee to enter the related Printer identifiers into PrinterOn’s on-line printer directory application (the “Global Print Directory”), which provides search and discovery capabilities as well as license validation. In order to maintain global search functionality of the Software in association with the related Printer for a period of one year from the date of grant of this License, the Licensee must enter the related Printer identifiers into the Global Print Directory by following the instructions set forth in the Documentation. Thereafter, Licensee must pay an annual maintenance fee, annually in advance, in order to maintain the related Printer identifiers in the Global Print Directory thereby maintaining the global search functionality of the Software in association with the related Printer during the year in which the pre-paid maintenance fee relates. ePRINTit™ grants a limited license to Licensee to remotely access and use the Global Print Directory for the sole purpose of entering the related Printer identifiers.

4. UPGRADES. To use Software identified as an upgrade, Licensee must first be licensed for the original Software identified by ePRINTit™ as eligible for the upgrade. After upgrading, Licensee may no longer use the original Software that formed the basis for Licensee’s upgrade eligibility.

5. MANAGED PRINT SERVICES USAGE. In the circumstance where the Licensee desires to use the Software in a managed print services environment as noted in this Section, the following terms and conditions shall additionally apply:

a.  “MPS” means the management of Printers and other devices by Licensee (hereafter an “MPS Provider”) for or on behalf of its customer, by (among other things) using the Software where MPS Provider is the licensee.
b.   “MPS Service Agreement” means an agreement between MPS Provider and its customer to provide MPS.
c.    “MPS Printer” is a Printer that is either owned by MPS Provider for the benefit of its customer or managed by the MPS Provider for the benefit of its customer pursuant to a service agreement.
d.    If MPS Provider uses the Software to provide MPS, the following shall apply (in addition to the other provisions herein) to the MPS Provider:
i.    All MPS must be subject to a MPS services agreement that is of a specified duration.
ii.   MPS Provider may purchase several PON Licenses, and each such PON License may support not more than one MPS Printer.
iii.  Each PON License shall be limited to use of one end user customer only. PON Licenses may not be sub-divided into licenses for multiple end user customers.
iii.  Once a PON License is deployed and the Software is used in association with one MPS Printer of a customer, it may not be redeployed, and the Software may not be used in association with another MPS Printer except another MSP Printer of the same customer.
iv.   Each PON License that is deployed shall have a term of use that shall be the same as the term of the MPS service agreement. Upon expiry or termination of the MPS service agreement, the PON License shall also expire. An expired PON License may not be redeployed or otherwise used or made available for any purpose whatsoever.
v.    MPS Provider shall maintain complete and accurate MPS agreements and other documentation to support the provision of MPS by MPS Provider to its clients. PrinterOn shall have the right directly, or by engaging an independent accountant, to review MPS Provider’s records, which records shall include all MPS Agreements necessary to verify compliance by MPS Provider with this paragraph. On reasonable notice from PrinterOn, MPS Provider shall give such person access to such records at MPS Provider’s facilities during normal business hours. Subject to the next sentence, such audit shall be at PrinterOn’s expense and may occur no more than once in any twelve-month period. If such audit reveals that MPS Provider is in breach this paragraph, in addition to any other remedy PrinterOn may have, MPS Provider shall be required to immediately pay addition licensee fees at PrinterOn’s then prevailing rates so that MPS Provider is compliant with this paragraph and MPS Provider shall immediately pay for the cost of the audit.  This Section shall survive the termination of this License for 12 months.

6. CERTAIN COPY AND USE RESTRICTIONS. The PON License permits Licensee to install and use as many instances of the Software as may be necessary to support Licensee’s printer. In addition, Licensee may keep one copy of the Software solely for backup or archival purposes. Unauthorized copying or distribution of the Software, including Software which has been modified, merged, or included with other software, or of the Documentation is expressly prohibited unless agreed to in writing by PrinterOn. Licensee must reproduce and include the copyright notice on any backup copy of the Software and Documentation. Licensee may not remove any proprietary rights or copyright notice or identification which indicates the ownership by ePRINTit™ of the Software or the Documentation.

7. USE RESTRICTIONS. Each PON License shall be limited to the use by one end user customer. PON Licenses may not be subdivided into licenses for multiple end user customers. Except as explicitly set forth in this License, Licensee may not rent, lease or lend the Software or use the Software for the benefit of any third party or other entity, including to provide services to a third party or for commercial timesharing or bureau use.

Licensee shall not (a) modify, adapt, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software, or create derivative works based on the Software or the Documentation, except and only to the extent that the right to do so is mandated under applicable law notwithstanding this limitation; (b) disable any licensing or control feature of the Software; (c) assign this License or redistribute, encumber, sell, transfer, lease, or grant a sublicense of the Software or the licenses granted herein or otherwise transfer rights to the Software to any person or entity, by operation of law or otherwise, except as and when authorized by ePRINTit™ in writing; (d) directly or indirectly, export or transmit the Software, either alone or bundled with other software, to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute or the laws and regulations of other countries without the appropriate prior written consent of the applicable government entity or department or (e) use the Software in any way that is prohibited by export laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. Licensee will make reasonable efforts to prevent any unauthorized use of the Software or Documentation by third parties and will advise Licensee’s employees of the restrictions upon use restrictions herein.

Licensee will not use the Software or Documentation to distribute or solicit content that (a) is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another’s privacy, or racially, ethnically or otherwise offensive; (b) infringes someone else’s intellectual property or other rights; (c) advocates or solicits violence or other criminal conduct; (d) violates any law, regulation, or contract; (e) specially advertises or promotes any product or service that is illegal in the domicile of either the distributor or recipient; (f) constitutes unsolicited or unauthorized advertising, junk or bulk [e-mail], junk or bulk fax, chain letters, or any other unsolicited commercial communication, except as PrinterOn specifically authorizes in writing; or (f) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment.

Licensee is responsible for all activities that occur under its password or account. Licensee will immediately notify PrinterOn of any unauthorized use of Licensee’s password or account or any other breach of security. Licensee will not disrupt the functioning of PrinterOn’s website, solicit another user’s password, or otherwise act in a way that interferes with other users’ use of the PrinterOn’s website.

ePRINTit™ or PrinterOn™ is not liable for the deletion or loss of messages, other communications, or other content maintained or transmitted by the Software. PrinterOn may change or terminate the Global Print Directory functionality or any part of it without notice or liability save and except that (i) if PrinterOn terminates the Global Print Directory functionality in the first year of the License grant other than by reason of a breach of this License by Licensee, PrinterOn shall refund the pro rata portion of the license fee paid (based upon the number of complete months remaining in the first year following the date of the License grant) and (ii) if PrinterOn terminates the Global Print Directory functionality in any subsequent year following the date of the License grant other than by reason of a breach of this License by Licensee, PrinterOn shall refund the pro rata portion of the maintenance fee paid in respect of that year (based upon the number of complete months remaining in the such year).

8. BUSINESS ENTITY. If Licensee is a business entity, any failure to comply with the terms and conditions of this License by any individual who is employed by or an agent of the business entity will be a failure to comply by Licensee and this License will terminate immediately.

9. TERMINATION. This License is effective until terminated. This License will terminate automatically without notice from PrinterOn if Licensee fails to comply with any provision of this License. Upon termination, Licensee shall immediately cease to use the Software and the Documentation and shall destroy the Software and the Documentation and all copies thereof. In addition, if Licensee fails to pay annual maintenance fees in advance, as referred to in Section 3, Licensee acknowledges and agrees that the Software will cease to function in combination with the applicable Licensee printer. Termination or the lack of functionality of the Software for failure to pay maintenance fees, shall not entitle Licensee or any other person, firm, corporation, or other entity to a full or partial refund of any License fee paid. The provisions in Sections 10 and 11 herein shall remain in force after termination of this License.

10. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ePRINTit™ or PrinterOn™ AND ITS SUPPLIERS PROVIDE THE SOFTWARE “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES, GUARANTEES, AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES, GUARANTEES, OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF VIRUSES ALL WITH REGARD TO THE SOFTWARE. .

WITHOUT IN ANY WAY LIMITING THE GENERALITY OF THE PRECEEDING PARAGRAPH, LICENSEE ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SOFTWARE AND DOCUMENTATION. ePRINTit™ or PrinterOn™ DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY LICENSEE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PRINTERON, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR CONDITION OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND LICENSEE MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to Licensee in its entirety. This License gives Licensee specific legal rights and Licensee may also have other rights which vary from country to country.

IN AUSTRALIA AND NEW ZEALAND, THE SOFTWARE COMES WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER AUSTRALIAN AND NEW ZEALAND CONSUMER LAWS. AUSTRALIAN CONSUMERS ARE ENTITLED TO A REPLACEMENT OR A REFUND FOR A MAJOR FAILURE AND COMPENSATION FOR OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. AUSTRALIAN CONSUMERS ARE ALSO ENTITLED TO HAVE THE SOFTWARE REPAIRED OR REPLACED IF IT FAILS TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE. NEW ZEALAND CONSUMERS WHO ARE PURCHASING GOODS FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION AND NOT FOR THE PURPOSE OF A BUSINESS (“NEW ZEALAND CONSUMERS”) ARE ENTITLED TO REPAIR, REPLACEMENT OR REFUND FOR A FAILURE AND COMPENSATION FOR OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE.

11. LIMITATION OF LIABILITY AND LICENSEE REMEDIES. SUBJECT TO LOCAL LAW, NOTWITHSTANDING ANY DAMAGES THAT LICENSEE MIGHT INCUR, THE ENTIRE LIABILITY OF ePRINTit™ or PrinterOn™ AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS LICENSE AND LICENSEE’S EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE LESSER OF THE AMOUNT ACTUALLY PAID BY LICENSEE SEPARATELY FOR THE SOFTWARE OR U.S. $5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ePRINTit™ or PrinterOn™ OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, OR FOR LOSS OF PRIVACY) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS LICENSE, EVEN IF ePRINTit™ or PrinterOn™ OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply in its entirety.

12. GENERAL TERMS. This License is governed by the laws of the State of California, USA, excluding the application of its conflicts of laws provisions and excluding the application of the United Nations Convention on Contracts for the International Sale of Goods, and shall benefit ePRINTit™ or PrinterOn™, its successors and assigns. THE PARTIES TO THIS LICENSE HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING RELATING TO THIS LICENSE OR ANY OTHER AGREEMENT ENTERED INTO IN CONNECTION WITH THIS LICENSE AND FOR ANY COUNTERCLAIM WITH RESPECT THERETO. EACH PARTY TO THIS LICENSE CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) SUCH PARTY MAKES THIS WAIVER VOLUNTARILY, AND (D) SUCH PARTY HAS BEEN INDUCED TO ENTER INTO THIS LICENSE BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 12. If any provision hereof is determined to be invalid or unenforceable in whole or in part, such invalidity shall attach only to such provision and all other provisions shall remain in full force and effect. This License constitutes the entire agreement between ePRINTit™ and the Licensee related to the Software and supersedes any other prior or contemporaneous agreements or discussions, oral or written, and may not be changed except by written amendment signed by ePRINTit™. The Software and the Documentation are Commercial Computer Software provided with restricted rights under Federal Acquisition Regulations and agency supplements to them. Use, duplication or disclosure by the Government of the United States of America, its agencies or instrumentalities is subject to restriction as set forth in paragraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights Clause at 48 CFR 52.227-19, as applicable, or successor provisions. Contractor is ePRINTit™ Inc., 7820 S Quincy Street, Willowbrook IL 60527, U.S.A.

If you have any questions or require clarification, please contact in writing:

ePRINTit USA, LLC. 

7820 S Quincy Street,  

Willowbrook IL 60527 

Telephone: 630-537-1370 

FAX: 630-537-1369

Data Protection Policy

ePRINTit™  and PrinterOn™ has created this statement to describe our firm commitment to privacy. This policy explains how we use personal and corporate data provided by visitors to our web site, www.printeron.com and customers transacting business with PrinterOn. PrinterOn protects personal data in line with and adhering to all applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR). Information provided by you is safeguarded in a secure environment with restricted access. 
 
Personal data is any information that will allow someone receiving such personal data to identify the individual that the personal data refers to through the use of the provided personal data. Common examples of personal data are names, addresses, email addresses, IP addresses and phone numbers. 
 
Registration and General Use 
PrinterOn’s™ registration form requires you to give us contact information that may include your name, address, email address, phone number and other information identifying you. We use this personal data from the registration form to send you information about our company, or occasionally important information related to our service. If you indicate your approval during registration, we may also send you information on behalf of strategic partners that we think will be of interest to you. All PrinterOn™ users can refuse such email as part of the registration process and any email we send includes an easy way to unsubscribe. 
 
PrinterOn™ or ePRINTit™ does not sell or give out personal data. All information entered by you during registration and customization is protected by our privacy policy. We never make any personal data available to advertisers. In cases where ePRINTit™ or PrinterOn™ is providing product service to you through one of ePRINTit™’s partners, we may have obtained your personal data from such partner strictly for the purpose of providing such service, in which case that will be the only use of your personal data. We may describe the PrinterOn™ users, only in general aggregate terms, to potential advertisers and partners. PrinterOn™ only uses supplied personal data strictly for the purposes that such collections were intended for, which includes the transaction of business, the provision of ePRINTit™ or PrinterOn’s™ products and services, and other specified services and uses as requested by or approved by you. 
 
PrinterOn™ Public Print System 
One of ePRINTit™ and PrinterOn’s goals is to provide a means for printer owners and users to ensure that they are printing to the correct place with suitable formatting and permissions. To do this, we require registration to mitigate the likelihood of misuse of the PrinterOn™ service and provide an audit-trail capability for our subscribers. In most cases PrinterOn™ uses email addresses to assist in delivery of the service. PrinterOn™ will use session based cookies in order to assist in the service delivery. Such cookies expire in less than 24 hours after the service delivery. Our site contains links to other sites. Since ePRINTit™ or PrinterOn™ is not responsible for the data protection and privacy practices or the content of such web sites, we recommend viewers refer to the posted data protection and privacy policies of those sites. 
 
PrinterOn™ Managed Cloud Services 
PrinterOn’s™ Managed Cloud Services are provided with a web service platform provided by Amazon Web Services (AWS) in at least the United States, Germany and the UK. PrinterOn™ or ePRINTit™ may add additional AWS sites for the same purposes of service delivery. PrinterOn™ products provide delivery security to the data passing to the AWS sites via encryption. The AWS service provides processing of personal data in compliance with Article 28 of the GDPR. Further information on data privacy and compliance at AWS is available at https://aws.amazon.com/compliance/gdpr-center/. 
 
PrinterOn™ Business Transactions 
In the transaction of business, ePRINTit™ or PrinterOn™ will obtain the required personal data of customer personnel in order to complete such transaction under the terms of a transaction approval process between you, the customer and or Partner and ePRINTit™ or PrinterOn™. Such business and personal data will be stored securely at PrinterOn for such length of time as required by various legal statutes such as tax and business laws related to those transactions and only to the extent required for such business transaction. 
 
In some cases you, the customer, may purchase product that is operated on your own facility with no involvement by ePRINTit™ or PrinterOn™ beyond the supply to you of the product. In such cases you, the customer, are responsible for complying with the data protection rules such as GDPR. ePRINTit™ or PrinterOn™ will not receive any personal data in such case beyond that required to provide the product and related services purchased in order to transact such purchase. 
 
Lawful Basis of Use 
The lawful basis of ePRINTit™ and PrinterOn’s™ use of your personal data is that you have given specific consent to such use, as well as the need to use the personal data for the provision of products and services that you have requested to utilize from ePRINTit™ or PrinterOn™ pursuant to a business transaction. You have the right to lodge a complaint with the appropriate supervisory authority if you consider the processing of your personal data is infringing the relevant regulation. 
 
Security 
ePRINTit™ or PrinterOn™  has security measures in place to prevent the loss, misuse, and alteration of the information under our control. All information collected through registration of you, your printer, and your organization is stored in secure servers in the PrinterOn™ AWS service data center or the PrinterOn™ service data center in order to guarantee against unauthorized access. 
 
Rights Over Your Personal Data 
You have the right, at any time, to access your personal data by making a request to PrinterOn™ at privacy@printeron.com. Additionally, upon review of your personal data, you have the right to correction of inaccurate personal data, the right of erasure of the personal data if the personal data is no longer necessary in relation to the purposes for which it was collected or if consent is to be withdrawn. You have the right to a restriction of processing and the right to data portability. In all cases, with any questions related to your personal data please contact PrinterOn™ at privacy@printeron.com. 
 
Changes to this Privacy Policy 
PrinterOn™ may revise this data protection and privacy policy from time to time. In that event, the revised policy will be posted on our web site, and any changes will be effective at that point. 
 
Feedback 
If you have any questions about this data protection and privacy statement, the practices of this site, or your dealings with this web site, you can contact us at privacy@printeron.com.