Before you use the licensed software, please read this EULA as carefully as you would read any other legal document. This End User License Agreement (EULA) is a contract between you ("you," "your," or "Licensee") and Printer Nexa ("Printer Nexa"), which provides the terms and conditions under which the licensed software named above is licensed—not sold—to you. The licensed software includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services.
BY INSTALLING, COPYING, OR OTHERWISE USING THE LICENSED SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE LICENSED SOFTWARE. You may return it within 30 calendar days after acquiring it to your place of purchase for a full refund (less, if applicable, shipping, handling, and any taxes), provided that you have not installed, accessed, or used the licensed software. The terms and conditions of our Privacy Policy, which apply to and govern our use of any registration data and other information that you may provide to us in relation to the use of the licensed software, can be found on our website at https://printernexa/privacy-policy.
If you are residing in, located in, or a citizen of the United States when purchasing the Licensed Software, please be aware that this EULA provides for a class action waiver and for your disputes with Printer Nexa to be referred to binding arbitration, which may affect your rights under this EULA. You may opt out of the binding individual arbitration and class action waiver as provided below.
The "Licensed Software" includes all of the contents of the files, disks, or other media for which this EULA is provided, including:
Licensee may only install and/or use one copy of the Licensed Software per user license unless a Site License Agreement has been purchased. Additional licenses may be purchased via the Printer Nexa website. Technological measures may limit the number of installations or activations.
The Licensed Software may require activation by submitting a serial number and registering an account. If activation is not completed within the required time, the software may cease to function until activation is completed.
The Licensed Software is designed for use on physical devices (e.g., desktops and laptops) and may not work fully on virtual machines.
Some features may require an internet connection. We disclaim warranties related to internet interruptions.
By using the Licensed Software, you consent to the collection and use of certain data in accordance with our Privacy Policy. Information may be transferred to and processed in the U.S. and/or other countries.
You may make one copy of the Licensed Software for backup or archival purposes. Documentation may not be duplicated.
The software and license may not be transferred without written consent from Printer Nexa.
This license is non-exclusive. Licensee may only use the software as expressly permitted by this EULA.
You may not:
Updates are provided on a license-exchange basis. Previous versions must be retired upon update.
Printer Nexa may modify or remove features and provide updates (e.g., virus definitions, rules, etc.) at its discretion.
Technical support is not included by default but may be available for an additional fee.
This EULA is governed by the substantive laws of Canada, excluding conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.
If you reside in, are located in, or are a citizen of Canada, a European Union member state, or anywhere other than the United States, the following dispute resolution mechanism applies to you:
Any dispute arising out of or in connection with this EULA shall be referred to the exclusive jurisdiction of the courts of British Columbia, Canada, to the extent permitted by the consumer protection laws of your usual place of residence.
If you reside in, are located in, or are a citizen of the United States, the following dispute resolution mechanism applies to you:
This provision facilitates prompt and efficient resolution of any disputes that may arise between you and Printer Nexa. Arbitration is a private dispute resolution process where parties waive their rights to file a lawsuit, proceed in court, or have a jury trial, and instead submit disputes to a neutral arbitrator for a binding decision. You have the right to opt out of this arbitration provision within 30 days from your first consent to this agreement, which preserves your right to litigate disputes in court.
Please read this provision carefully: It requires that all disputes between you and Printer Nexa be resolved by binding arbitration, replacing your right to go to court. Arbitration limits your ability to participate in class actions or other collective proceedings unless both parties agree.
For the purposes of this provision, “Printer Nexa” includes Printer Nexa, its parent, subsidiary, and affiliate companies, and their officers, directors, employees, and agents. “Dispute” means any claim or controversy between you and Printer Nexa relating to your relationship with PCCARE PLUS, including contract, statute, regulation, tort, or any other legal theory, including the validity or enforceability of this arbitration provision (except the Class Action Waiver clause).
Before initiating arbitration or litigation, you must send a written notification describing your dispute and requested relief to:
Printer Nexa, Legal DepartmentIf Printer Nexa does not resolve the dispute within 45 days, you may proceed to arbitration or, in some cases, court.
You or Printer Nexa may choose to pursue disputes in small claims court instead of arbitration.
You may opt out of arbitration within 30 days of first agreeing to this EULA by sending written notice to the above address. Your opt-out will not affect your relationship with PC CarePlus.
Arbitration will be conducted by JAMS under its Comprehensive Arbitration Rules & Procedures before a single arbitrator and will be on an individual basis (no class arbitrations). The arbitration location will be either Los Angeles, California, or your federal judicial district, with transfer options as described.
Printer Nexa will pay all JAMS filing and arbitrator fees upon written request prior to arbitration commencement. You are responsible for your own legal fees and expenses, though prevailing parties may be awarded fees by the arbitrator.
Arbitration will proceed on an individual basis without class or representative claims unless both parties agree otherwise.
Both you and Printer Nexa waive rights to jury trials or court trials before a judge.
If any part of this provision (except the Class Action Waiver) is found unenforceable, that part will be severed, and the rest will remain effective. If the class action waiver is unenforceable, the entire provision is void, and disputes will be resolved in court.
The arbitrator will decide any disputes about the enforceability or applicability of this arbitration provision.
This dispute resolution provision survives termination of your use of the licensed software and related PC CarePlus services.
Printer Nexa guarantees that the physical media containing the Licensed Software will be free from significant defects for 30 days from the date of delivery. If you, the Licensee, find a defect in the media during this period, you may return the defective media to Printer Nexa. Your sole remedy will be either a replacement of the defective media or, at Printer Nexa’s sole discretion, a refund of the purchase price paid for the Licensed Software.
The Licensed Software itself (excluding the media on which it is distributed), along with all related websites and services, is provided "as is" and "as available." Printer Nexa and its suppliers make no express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation. Printer Nexa does not guarantee that the software or services will be free of viruses, compatible with all hardware or software, or continuously available.
Printer Nexa, along with its suppliers and licensors, shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including lost profits or savings, arising from your use or inability to use the Licensed Software or related services, even if advised of the possibility of such damages. To the extent permitted by law, Printer Nexa’s total liability shall not exceed the amount you paid for the Licensed Software, or five Euros (€5), whichever is less.
If the Licensed Software is provided as pre-release or beta software, please be aware it may contain bugs or errors that could cause system failures or data loss. Printer Nexa disclaims all warranties and liability for such software. Your use of beta software is at your own risk. Printer Nexa may limit its liability for beta software to a maximum of fifty Euros (€50) where applicable by law.
You acknowledge that Printer Nexa is not obligated to release or support beta software commercially, and any testing or development you perform with beta software is at your own risk. Upon request, you agree to provide feedback and error reports to Printer Nexa. If provided under a separate agreement, those terms also apply.
All disclaimers, limitations, and exclusions remain effective even after termination of this agreement but do not grant the right to use the software after termination.
You agree to comply with all applicable export control laws and regulations, including those of the United States. Use or export of the Licensed Software in violation of these laws is prohibited.
The Licensed Software and any copies you make remain the intellectual property of Printer Nexa and its licensors. You are granted no ownership rights beyond the license expressly provided in this agreement.
This agreement represents the full understanding between you and Printer Nexa regarding the Licensed Software and supersedes any prior communications. Any changes to this agreement must be made in writing and signed by an authorized Printer Nexa representative
If you breach any terms of this agreement and fail to correct the breach within 30 days of notice, Printer Nexa may terminate this license. Upon termination, you must cease all use of the Licensed Software and destroy or return all copies.
If you are not satisfied with the Licensed Software, you may request a refund of the purchase price within 30 days of acquisition by contacting PC CarePlus. Upon refund, your license to use the software will immediately end.
