Terms of Service
Terms of Service for Scannx Scanning Products and Services
Last Updated November 1, 2014
PLEASE READ CAREFULLY BEFORE USING ANY SCANNX PRODUCT OR SERVICE.
As used herein “you” or “Customer” refers to the owner, lessee or operator of a Scannx scanning unit. If the owner, lessee or operator is an entity, the individual clicking “Agree” to these Terms of Service represents and warrants that such individual has the authority to bind such entity.
BY DOWNLOADING, INSTALLING OR ACTIVATING ANY SCANNX SOFTWARE OR USING ANY SCANNX PRODUCT, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT DOWNLOAD, INSTALL OR ACTIVATE ANY SCANNX SOFTWARE OR USE ANY SCANNX PRODUCT.
The scanning hardware supplied by Scannx, including scanner units, other peripherals and associated computers, is referred to in these Terms of Services as the “Scannx Units.” Scannx Units includes both Scannx-branded hardware and hardware supplied by Scannx with third-party branding. Terms of purchase and shipping of Scannx Units are set forth in in separate documentation entered between Scannx, or a Scannx reseller, and Customers. The Scannx return policy and limited warranty relating to Scannx Units is set forth at Scannx Satisfaction Guarantee and Limited Warranty.
In some cases Scannx may sell a scanner unit for use with a Customer-provided personal computer. In that case only the Scannx-branded scanner unit is a Scannx Unit, and the Customer-provided personal computer is a “Customer PC.”
SCANNX WEBSITE AND CLOUD SERVICES PORTAL
The Scannx website at www.scannx.com and associated pages (the “Scannx Website”) provides information regarding Scannx and the Scannx Products. The Scannx Cloud Services Portal, which is available to Customers (the “Cloud Services Portal”), may provide usage data and other information regarding Customers’ installed Scannx Units and other Scannx Products. Unless otherwise indicated or clear from the context, all content on the Scannx Website and Cloud Services Portal (but not including any content uploaded by users, including Scanned Content (as defined below)) is the property of Scannx.
All rights are reserved with respect to all copyrighted and copyrightable materials on the Scannx Website and Cloud Services Portal, including, without limitation, the design, text, graphics, pictures, sound files and other files (the "Materials"). Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Scannx.
Scannx provides the Cloud Services Portal to Customers for their legitimate uses with respect to Scannx Units owned, leased or operated by them. Any other uses of the Cloud Services Portal, including to attempt to obtain information regarding Scannx products or services for the purpose of competing with Scannx, are prohibited, and may result in termination of access to the Cloud Services Portal in the sole discretion of Scannx.
Information on the Scannx Website and Cloud Services Portal is subject to change at any time. We reserve the right to add, change, suspend or discontinue the Cloud Services Portal and other services provided by Scannx without contacting you in advance.
You agree that we may suspend the Cloud Services Portal without prior notice. During any such period you may be unable to access the any information you have stored on the Cloud Services Portal. This may occur, for example, when we are conducting regular or emergency maintenance on the Cloud Services Portal.
Scannx, the Scannx logo and other Scannx marks, logos and product and service names are among the trademarks, service marks or registered marks owned or exclusively licensed by Scannx. These marks may not be copied, imitated, displayed or used without the prior written permission of Scannx. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress owned or controlled by Scannx and may not be copied, imitated or used without the prior written permission of Scannx. All third-party trademarks, service marks, product names and company names or logos appearing on the Scannx Website or Cloud Services Portal are the property of their respective owners and may not be copied, distributed, republished, downloaded, displayed, posted or transmitted without the prior written permission of their respective owners.
LICENSE TO USE SCANNX SOFTWARE
The software (including “firmware”) incorporated in any Scannx hardware or available for download through the Cloud Services Portal or other location is referred to as the “Scannx Software.” The term “Scannx Software” does not include any open-source components, which are provided subject to the terms of their respective agreements.
The Scannx Software is licensed, not sold, to you. Scannx reserves all rights in and to the Scannx Software not expressly granted to you under these Terms of Service. The Scannx Software and all content included therein, including text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads and data compilations (but not including any content posted by users) is owned by Scannx or our licensors and protected by applicable copyright laws.
The license set forth in these Terms of Service is limited to a nontransferable license to you and end users authorized by you (you and such users referred to as “End Users”) to use the Scannx Software on Scannx Units and Customer PCs. You may not rent, lease, lend, sell, transfer, distribute or sublicense the Scannx Software; however, you may transfer the Scannx Software pursuant to a transfer of ownership of the Scannx Unit or Customer PC on which the Scannx Software is installed. Specifically, if the Scannx Software was pre-installed on a PC supplied by Scannx, Customer may not transfer it to any other system; when software is supplied by Scannx for Customer's installation on their own PC, it may be transferred up to a maximum of two additional times. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Scannx Software or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Scannx Software). Any attempt to do so is a violation of the rights of Scannx and our licensors. If you breach this restriction, you may be subject to prosecution and liability for damages.
You agree not to attempt to access Scanned Content (as defined below) or other information of any other End User.
These Terms of Service will govern any updates or upgrades provided by Scannx that replace and/or supplement the original Scannx Software, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Scannx has no obligation to provide any updates, upgrades, bug-fixes or improvements to the Scannx Software.
CERTAIN UNAUTHORIZED ACTIONS
You may not institute, assist, or become involved in any type of attack on any Scannx Product, including without limitation denial of service attacks, or otherwise attempt to disrupt any Scannx services or any other person's use of the services. In the event that you make or assist in such an attempt, we may seek damages or criminal prosecution to the maximum extent permitted by law.
You may not attempt to gain unauthorized access to any Scannx services, or the accounts of other Customers or End Users.
You may not obtain or attempt to mine any information from any Scannx services through any means not intentionally made available by us through the Scannx Software or Cloud Services Portal.
You agree that we have no obligation to provide support relating to any Scannx Products unless separately expressly agreed in writing with Scannx or set forth in the Scannx Satisfaction Guarantee and Limited Warranty.
Use of Scannx Software and the Cloud Services Portal may require establishment of a Scannx Customer account (a “Customer Account”). You agree to provide and maintain true, accurate, complete and current information to set up and maintain a Customer Account. If you provide any information that is untrue, inaccurate, incomplete or not current, Scannx has the right to suspend or terminate your Customer Account and refuse any and all current or future use of the Scannx Software, Cloud Services Portal or other Scannx Product by you.
It is your responsibility to maintain the confidentiality of your user ID and password for your Scannx Account. If you think a third party may have obtained your password, you should immediately change your password. Scannx will have no responsibility for damage caused to you by a third party using your user ID and password regardless of whether it was provided intentionally by you or through your negligence, and regardless of whether we knew or should have known of such use.
We reserve the right to suspend or terminate any Customer Account at any time for any reason in our sole discretion, including without limitation due to false or incomplete information being provided or maintained with respect to such Customer Account, non-payment of amounts due to Scannx or due to violations of these Terms and Conditions. Upon suspension or termination of a Customer Account, you and your End-Users may be unable to use or access any services provided by Scannx or the Cloud Services Portal, and any Scanned Content or other information that you or End-Users have uploaded, and all licenses set forth herein shall be terminated.
COLLECTION OF DATA BY SCANNX
You agree that Scannx and its service providers may collect usage data, diagnostic and technical information concerning the Scannx Software, Scannx Units and Customer PCs. This information is gathered to provide the services and information available to you on the Cloud Services Portal and to facilitate the provision of software updates, product support and improvement of the Scannx Products and development of new products and services. Unless otherwise consented by Customers, information collected from Customer PCs will be limited to information (i) required to confirm that the Scannx Software may be installed on and will run properly on the Customer PC and (ii) usage data, diagnostic and technical information concerning the Scannx Software and the associated Scannx Unit.
Temporary Storage by Scannx
Unless sent to us by End Users (for example, as part of a support request), Scannx does not receive or store any content scanned using a Scannx Unit (“Scanned Content”) except when End Users elect to have Scanned Content transmitted to remote devices such as smartphones or transmitted by fax using Scannx’s fax service. In those cases, Scanned Content will be stored on Scannx’s servers for the period indicated and may be deleted thereafter.
Uploading of Scanned Content to Scannx is at the risk of the End User. Scannx will have no liability for loss, unauthorized access, deletion or inability to access Scanned Content during or after such period for any reason. You should not upload Scanned Content that is of a personal or sensitive nature (including your Social Security Number or similar identification or medical information).
Compliance with Law and Code of Conduct
You and End Users will be solely responsible for use of the Scannx Products in compliance with all applicable laws and regulations, including copyright and trademark laws, and including laws regarding transmission of unsolicited faxes.
The Scannx Code of Conduct governs the content that End Users may scan using a Scannx Unit. You agree to be responsible for compliance of End Users with the Scannx Code of Conduct.
Scannx has no obligation to monitor, verify, correct or remove Scanned Content, although we reserve the right to do so in our sole discretion from time to time and to take such actions as we deem appropriate in response to any Scanned Content that may violate law, the Scannx Code of Conduct, that is immoral or offensive or, in Scannx’s sole discretion may subject Scannx or any other person to liability. Such actions may include editing or removing the Scanned Content and providing it to law enforcement or other third parties.
We are not liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any user content. However, if you or any person believe that any Scanned Content infringes copyright rights held by you or such person, you or such person may contact Scannx at the e-mail address or physical mail address below with the following information and signature:
- A description of the copyrighted work claimed to be infringed;
- A description of where and when the material claimed to be infringing was uploaded to Scannx so that Scannx can attempt to locate it;
- Your or such person’s address (including country), telephone number and e-mail address;
- A statement by you or such person that you or such person have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you or such person, made under penalty of perjury, that the above information in the notice is accurate and that you or such person are the copyright owner or authorized to act on the copyright owner's behalf; and
- An electronic or physical signature of the individual authorized to act on behalf of the owner of the copyright interest.
The notice should be sent to firstname.lastname@example.org or, if by physical mail, to:
3193 Independence Drive
Livermore, CA 94551 USA
The Scannx Website and Scannx Software may contain links, login interfaces and other connections to third-party websites and applications, including Google Drive. Such third-party services are provided solely as a convenience to you, and we are not responsible for, and do not sponsor or endorse the content of third-party services. Use of third-party services may require you to accept additional terms. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third-party services, and you agree to use them at your sole risk.
If there is a charge associated with any use of the Cloud Services Portal, Scannx Software or any other Scannx Product, you agree to pay that charge. Prices exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for the payment of such taxes or other charges related to your use of the Scannx Products.
Any amounts paid with respect to any Scannx Product is non-refundable, except as expressly set forth in these Terms of Service or the Scannx Satisfaction Guarantee and Limited Warranty and subject to applicable law.
No Warranty Regarding Scannx Software and Cloud Services Portal
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SCANNX SOFTWARE AND CLOUD SERVICES PORTAL ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SCANNX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SCANNX SOFTWARE AND CLOUD SERVICES PORTAL, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS.
SCANNX DOES NOT WARRANT THAT THE SCANNX SOFTWARE, CLOUD SERVICES PORTAL, OUR SERVERS OR E‑MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SCANNX DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SCANNX SOFTWARE AND CLOUD SERVICES PORTAL WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SCANNX SOFTWARE AND CLOUD SERVICES PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT SCANNED TO SCANNX’S SERVERS WILL BE SECURE OR NOT SUBJECT TO LOSS OR DELETION OR THAT DEFECTS IN THE SCANNX SOFTWARE AND CLOUD SERVICES PORTAL WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SCANNX OR ANY REPRESENTATIVE SHALL CREATE A WARRANTY REGARDING THE SCANNX SOFTWARE AND CLOUD SERVICES PORTAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SCANNX BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SCANNX SOFTWARE OR CLOUD SERVICES PORTAL, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF SCANNX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. Subject to the Scannx Satisfaction Guarantee and Limited Warranty, in no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed Fifty US Dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Scannx shall be excused from performance, and have no liability from any such non-performance under these Terms of Service, where such non-performance is caused by an event beyond Scannx’s control, including but not limited to, acts of government, war, civil disturbances, terrorism, material or manufacturing unavailability, labor difficulties or disputes, failure of or delay in delivery by Scannx’s suppliers or carriers, commercial impracticability (irrespective of foreseeability at time of contracting), shortages of energy, raw materials, labor, or equipment, accident, fire, flood, storm or other Acts of God.
US GOVERNMENT USERS
The Scannx Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
You agree that Scannx may send e-mail to you for the purpose of informing you of upcoming events or offers, notifying you of changes to the Scannx Products, or for other purposes we deem appropriate.
Scannx welcomes customer feedback regarding the Scannx Products. You agree that all right, title and interest, including all copyrights, to all such feedback is owned by Scannx. You hereby assign and convey to us any rights and interests in any such feedback you may have, create or provide during the term of this Agreement. To the extent that such assignment is held to be invalid or unenforceable, you hereby grant to us a perpetual, exclusive, transferable, royalty-free license to use any such feedback.
DISPUTES; GOVERNING LAW
As used in these Terms of Service, “Dispute” means any dispute, claim, demand, action, proceeding, or other controversy between you and Scannx concerning any Scannx Product and your or Scannx's obligations and performance under these Terms of Service or with respect to any Scannx Product, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law.
Mediation and Arbitration
Any Dispute arising under or relating to these Terms of Service shall be finally settled by binding arbitration between you and Scannx. You and Scannx agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and Scannx otherwise agree in writing, the time for informal negotiation will be sixty (60) days from the date on which you or Scannx provides written notice of the Dispute. You and Scannx agree that neither will commence arbitration before the end of the time for informal negotiation. If informal negotiation is not effective, arbitration shall be conducted before a single arbitrator under the Rules of the American Arbitration Association and shall be conducted in San Francisco, California, USA. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD.
The laws of the State of California, excluding its conflicts of law rules, govern these Terms of Service and your use of Scannx Products. Your use of the Scannx Products may also be subject to other local, state, national, or international laws. In the event that the agreement above to arbitrate is not effective for any reason, you hereby agree to personal jurisdiction by and venue in the federal and state courts of San Francisco, California, USA for all disputes in connection with these Terms of Service or any dispute of any sort that might arise between you and us or our affiliates.
If any of the terms or conditions of these Terms of Service shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these Terms of Service.
Delay in Enforcement
No delay or failure to take action under these Terms of Service shall constitute any waiver by us of any provision of these Terms of Service.