This Software License Agreement (“Agreement”) is a legally binding agreement between you (“User” or “you”) and Arkscan, LLC (“Arkscan,” “we,” “us,” or “our”) governing your access to and use of Arkscan software, printer drivers, firmware, hardware, and related services, including printer devices and technical support (collectively, the “Software” and “Hardware”).
By clicking the “Accept” button, installing, accessing, or using the Software or Hardware, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, do not click “Accept” and do not install, access, or use the Software or Hardware.
To document your acceptance of this Agreement and to administer and enforce the Software and related services, the Software records your acceptance electronically. The acceptance record may include the date and time of acceptance, the applicable Agreement version, the Software version, and one or more device identifiers.
The Software may generate, access, and use one or more identifiers derived from your computer, operating system, and connected devices, including identifiers derived from system UUIDs, hardware attributes, printer identifiers, and similar system-level information (“Device Identifiers”). Device Identifiers may be hashed or otherwise transformed, may be combined with other data, and may remain consistent across operating system reinstalls, hardware changes, or updates.
Device Identifiers, usage data, interaction data, printer information, print job metadata, diagnostics, and related telemetry (“Tracking Information”) may be collected, processed, analyzed, stored, and used for purposes including:
The Software may collect information about how it is used, including feature usage, button clicks, workflow navigation, settings and preferences, error events, diagnostics, and performance metrics.
The Software interacts with printer hardware to install drivers, manage devices, process print jobs, provide technical support, and administer warranties. In connection with these functions, the Software may access and process printer-related information, including printer serial numbers, device identifiers, configuration settings, status information, and print job metadata.
Print content may be processed as needed to provide printing functionality and to support product improvement, analytics, support, security, and marketing. You are responsible for ensuring you have all necessary rights and permissions for any content you print or submit to the Software.
Acceptance records and Tracking Information may be retained for as long as Arkscan determines reasonably necessary for business, legal, operational, analytics, marketing, security, auditing, fraud prevention, and enforcement purposes.
Additional details regarding data collection, use, and sharing are described in Arkscan’s Privacy Policy, which is incorporated by reference and available at: https://www.arkscan.com/policies/privacy.html. In the event of conflict, this Agreement controls with respect to licensing, disclaimers, limitation of liability, arbitration, and dispute resolution.
Subject to your compliance with this Agreement, Arkscan grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Software solely in connection with Arkscan products and services, and only for your internal business or personal use, as applicable.
Except as expressly permitted by applicable law, you may not copy, modify, distribute, sublicense, rent, lease, lend, sell, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of the Software or Hardware. You may not remove or alter proprietary notices.
The Software and Hardware are proprietary to Arkscan and are protected by copyright, trade secret, and other intellectual property laws. All rights not expressly granted are reserved.
Arkscan may provide updates, patches, enhancements, or modifications to the Software or Hardware, including changes to features, functionality, telemetry, or system requirements. Arkscan may also discontinue or suspend features or services at any time.
Arkscan may modify this Agreement from time to time. If you do not agree to an update, you must cease using the Software and Hardware. Continued use after the updated Agreement is presented constitutes acceptance.
You are responsible for ensuring that your system environment, operating system, connected devices, media, and network configuration are suitable for use with the Software and Hardware. You are responsible for maintaining backups, verifying compatibility, and exercising reasonable care when installing drivers or using printer hardware.
You are solely responsible for compliance with applicable laws and regulations related to your use of the Software and Hardware, including laws applicable to advertising, marketing, privacy, data protection, and consumer notices where relevant.
You acknowledge that the accuracy, completeness, and suitability of any printed output depends on factors including user input, configuration, printer settings, driver settings, media selection, calibration, and operating conditions.
You are solely responsible for reviewing, verifying, and approving all printed output before relying on it for shipping, identification, compliance, or any other purpose. Arkscan does not guarantee the accuracy, completeness, or correctness of printed output, including text, numbers, tracking information, barcodes, or labels.
The software, hardware, and any related services, including driver installation, printer management, print processing, and technical support, are provided on an “as is” and “as available” basis. Use is at your sole risk.
To the maximum extent permitted by applicable law, arkscan disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and quiet enjoyment.
Arkscan does not warrant that the software or hardware will be uninterrupted, error-free, compatible with all systems, or free from defects, nor that errors will be corrected. Arkscan does not warrant that any output, tracking, analytics, profiling, or advertising will be accurate, complete, or suitable for any purpose.
To the maximum extent permitted by law, Arkscan shall not be liable for any damage to or loss of computer systems, operating systems, software, firmware, hardware, network configurations, or data, including loss or corruption of files or system failure, arising from or related to the installation, use, misuse, inability to use, or removal of the Software or Hardware.
To the maximum extent permitted by law, Arkscan shall not be liable for any losses, damages, or claims arising from or related to incorrect, incomplete, misaligned, truncated, unreadable, or inaccurate printed output, including missing or incorrect text, numbers, tracking information, barcodes, or labels, regardless of cause.
To the maximum extent permitted by law, in no event shall Arkscan be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost data, business interruption, carrier chargebacks, shipping losses, or system downtime, even if advised of the possibility of such damages.
To the maximum extent permitted by law, Arkscan’s total aggregate liability arising out of or related to the Software, Hardware, or this Agreement shall not exceed the amount paid by you for the Software or Hardware giving rise to the claim, or one hundred U.S. dollars (USD $100), whichever is greater.
Any claim arising out of or relating to this Agreement must be brought within one year of the event giving rise to the claim.
You agree to indemnify, defend, and hold harmless Arkscan and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses arising out of or related to your use or misuse of the Software or Hardware, your printed content, your reliance on printed output, your violation of law, or your breach of this Agreement.
The Software and Hardware are not designed or intended for use in medical, life-support, emergency response, aviation, nuclear, or other safety-critical systems. You agree not to use the Software or Hardware in any manner where failure could result in death, personal injury, or significant property damage.
You may not redistribute, bundle, sublicense, or make the Software available to any third party, including printer manufacturers or system integrators, without Arkscan’s prior written authorization.
This Agreement is effective until terminated. Arkscan may terminate this Agreement immediately if you violate any provision of this Agreement. Upon termination, you must cease all use of the Software and uninstall it from your systems.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.
Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in New York, New York.
You and arkscan agree that any claim must be brought in an individual capacity and not as a class, collective, or representative action. You waive any right to a jury trial.
For California residents, Arkscan may collect, use, share, and disclose personal information, including identifiers, device information, usage data, printer serial numbers, and inferred profiles, for business purposes and for advertising, marketing, cross-context behavioral advertising, cross-application tracking, and profiling as described in this Agreement and the Privacy Policy.
Depending on your circumstances and applicable law, you may have the right to opt out of certain sharing or selling of personal information. See the Privacy Policy for additional details and instructions.
You agree to comply with all applicable United States export control and sanctions laws. You may not export, re-export, or use the Software or Hardware in violation of such laws.
Arkscan may assign this Agreement without restriction. You may not assign this Agreement without Arkscan’s prior written consent.
If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect. Failure by Arkscan to enforce any provision shall not constitute a waiver of that provision or any other provision.
Sections relating to data collection, intellectual property, disclaimer of warranties, limitation of liability, indemnification, arbitration, governing law, severability, and survival shall survive termination of this Agreement.
By clicking the “accept” button, you acknowledge that you have read, understood, and agree to be bound by this agreement.
END OF AGREEMENT