Marketplace Terms

Last Modified: May 25, 2022

Welcome to the Laserfiche Solution Marketplace Terms! These Laserfiche Solution Marketplace Terms (“Terms”) cover your use of the Laserfiche Solution Marketplace (the “Marketplace”). If you use the Marketplace, whether you’re a Technology Alliance Partner, a Solution Provider, user, client or customer of the Solution(s), then these Terms apply to you.

If you are a Solution Provider or Technology Alliance Partner (formerly Professional Developer Partner), you must also comply with the other contractual obligations as applicable to the Laserfiche program you participate in.

By using the Marketplace, you are agreeing to these Terms. Note that the Laserfiche.com website (the “Site”) Terms of Use govern your use of our resources, products and content located generally on our Site and are incorporated herein by reference and includes our Applicable Use Policy. Violations of our Terms of Use may result in termination of your ability to use the Marketplace, as well as any additional actions we may deem necessary or within our rights to take. Please see our Privacy Notice with respect to how information is collected and used by Laserfiche and how to exercise your privacy rights.

Every user is required to comply with these Terms and is responsible for any violations. We reserve the right to modify these Terms at any time without notice to you. Your use of the Marketplace following any such modification constitutes your agreement to follow and be bound by these Terms as modified.

1. Definitions

“Apps” means custom functionality that can be deployed inside of the Laserfiche Cloud software environment or that interacts with a Laserfiche environment via APIs from a 3rd party software environment.

“Agreement” or “Terms” means these Marketplace Terms, including all materials referenced or linked to from these Marketplace Terms.

“Customer” means the individual or entity that has purchased and uses Solution(s) or Laserfiche products.

“Laserfiche”, “we”, “us” or “our” means Compulink Management Center, Inc. dba Laserfiche and our affiliates.

“Laserfiche Solution Marketplace” or “Marketplace” means the online directory that lists Solutions created by Solution Developers that enhance Laserfiche for targeted business purposes.

“Marketplace Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the Marketplace, whether by us, our customers, our Solution Providers or Technology Alliance Partners or other users of the Marketplace. Marketplace Content does not include Your Content.

“Solution Developers” means creators of Solutions, who may be Solution Providers, Technology Alliance Partners or Customers.

“Solution Providers” are Laserfiche-authorized resellers of Laserfiche products.

“Solution Templates” are pre-made solutions for meeting a business need, made available for download and installation through the Marketplace. They contain various custom Laserfiche resources, including but not limited to Laserfiche business process definitions, workflow definitions and repository briefcases.

“Solutions” are any of the assets that enhance Laserfiche, such as Solution Templates, Apps or other assets that Laserfiche may choose to make available on the Marketplace.

“Technology Alliance Partner” (formerly Professional Developer Partner or PDP) means a member of the Laserfiche Technology Alliance Program, authorized to create and commercially market integrations to Laserfiche or assets that enhance Laserfiche.

“Third-Party Products” means products and professional services that are provided by third parties which may interoperate with or be used in connection with Laserfiche products.”Third-Party Sites” means third-party websites linked from within or accessed through the Marketplace. “You” or “your” means the person or entity using the Marketplace, whether you are a Solution Provider, Technology Alliance Partner, customer or other user. “Your Content” means all content, including without limitation, language, data, information and images, provided through or disclosed by use of the Marketplace, by you.

2. Access to the Marketplace

We will provide you access to use the Marketplace according to the following terms and conditions. Certain parts of the Marketplace may only be accessible to you if you are a qualified Solution Provider, Technology Alliance Partner or Customer.

We can remove or discontinue all or a portion of the Marketplace at any time, without notice, in our sole discretion. We can choose which Solutions or Solution Developers to promote, and we can also choose how we want to promote them, if at all. Provision of the Marketplace does not mean we endorse, support or warrant any particular Solution , even if the Solution is listed or designated as “Certified by Laserfiche.”

Certain Solutions may contain or access financial data. Laserfiche is not a broker/dealer or registered investment advisor under U.S. federal securities law or securities laws of other jurisdictions and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the Marketplace is an offer or solicitation to buy or sell any security. Neither Laserfiche nor its licensors of stock quotes or index data endorse or recommend any particular financial products or services. Nothing in the Marketplace, including any datasets or financial applications, are intended as professional advice, including but not limited to, investment or tax advice.

If any Solution involves any interaction with the Laserfiche API, then that Solution is additionally subject to the Laserfiche API agreement terms.

3. Your Conduct and Content

You may use the Marketplace to provide, purchase or learn about Solutions and to submit reviews of Solutions, solely in compliance with this Agreement and the Laserfiche Terms of Use, including the Laserfiche Applicable Use Policy. Such Terms of Use also contain provisions regarding Intellectual Property use, Brand guidelines, and our use of your Submissions and Your Content.

4. Use by Customers

If you are a Customer, you understand and agree that we are not responsible for your engagement with a Solution Developer. If you elect to engage with a Solution Developer or procure a Solution, the terms and conditions regarding your use or receipt of the Solution are between you and the Solution Developer of that Solution. Any questions, concerns or disputes that arise based on your use of a Solution should be addressed with the relevant party, not with us. The Solution may use, transfer, and/or store your data or information outside of the Marketplace or Laserfiche product, and we are not responsible for any such use or transfer. Please see the applicable Solution Developer’s terms of use and privacy policy for more information. If you use the Marketplace, its content (including without limitation, reviews), a Solution Developer listed on the Marketplace, or any Solutions, you do so at your sole and exclusive risk.

Laserfiche may not have examined specific Solutions for Section 508 accessibility compliance and makes no warranty or representations as to their accessibility status.

No Legal or Business Advice

Nothing in the Marketplace including the Solutions and Marketplace Content is to be considered as the rendering of legal or business advice, either generally or in connection with any specific issue or case. These materials are intended for general informational and educational purposes only. Users are responsible for obtaining legal or business advice from their own lawyer or other professional and should not rely on the Marketplace, Solutions, or Marketplace Content without seeking such advice.

5. Use by Solution Providers and Technology Alliance Partners

As a Solution Provider or Technology Alliance Partner, you must comply with and abide by your other applicable agreements with us and our Terms of Use. If you are a Solution Provider or Technology Alliance Partner, you must respond to inquiries or issues regarding your Solutions within a reasonable period of time. If you are listed as a Solution Provider or Technology Alliance Partner, we also expect that Solutions you provide are done so with excellent quality and in a professional and workmanlike manner using best practices in the industry. Submitting your information as a Solution Provider or Technology Alliance Partner does not guarantee you will be listed in the Marketplace or promoted by us.

6. Reviews

The Marketplace may permit you to post reviews about a Solution. To maintain fair, accurate and useful reviews, you are required to abide by the Laserfiche Site Terms of Use, which incorporates a Submissions policy and Applicable Use Policy, with respect to all reviews submitted. If you submit a review, you agree that we may post all or a portion of the content of your review, along with your name and the date of the review. We reserve the right to edit, remove or decline to post any review, at any time, in our sole discretion. As a friendly reminder, we are not responsible for the content of the reviews, whether we reviewed or edited the content.

7. Laserfiche’s Proprietary Rights

You are not granted a license to any software or any intellectual property rights by this Agreement. Laserfiche products, services and the Marketplace are protected by intellectual property laws, they belong to and are the property of us or our licensors, as applicable. We retain all ownership rights to Laserfiche products, services and the Marketplace.

8. Solutions, Third-Party Sites and Products
  • Solutions, Solution Developers, Third-Party Products and Third-Party Sites are not under our control. Solutions, Solution Developer listings, Third-Party Sites and Third-Party Products are provided to you only as a convenience, and the availability of any Solutions, Third-Party Sites or Third-Party Products does not mean we endorse, support or warranty the Solution, Third-Party Sites or Third-Party Product. Any information provided as part of a Third-Party Product or Solution are subject to the control and accuracy of the Solution Developer.
  • Purchasing and Billing
    • Direct customers. Some Solutions are free to users. However, if you have purchased Solutions directly from Laserfiche, the applicable contractual document’s “Pricing and payment” terms are applicable to your purchase of Solutions.
    • Indirect customers. If you purchased Solutions from a Solution Developer, the purchasing and billing terms set forth in your agreement with the applicable provisioning party will govern your purchase of Solutions.
  • Purchased Solutions Additional Terms.
    • Automatic Renewal. If the Solution you purchased is a subscription with an automatic renewal option, we, or your Solution Provider if applicable, may automatically renew your subscription and charge you for any renewal term, unless you cancel prior to the renewal date.
    • Cancellation. We may suspend or cancel your access to Solutions if you do not provide an on-time, full payment. Suspension or cancelation of access for non-payment could result in loss of your data.

9. Term and Termination
  • Term This Agreement will apply for as long as you use the Marketplace or any Solution provided to you through the Marketplace.
  • Termination and Suspension. We may terminate this Agreement and/or suspend your access to the Marketplace immediately if you: (i) violate any of the terms of this Agreement, (ii) use the Marketplace in a way which has or may negatively reflect on or affect us, our prospects or our customers, (iv) violate our Terms of Use including the Applicable Use Policy or (v) if we determine it to be necessary or desirable in our sole discretion. We are not obligated to provide you with any of Your Content used in connection with the Marketplace after termination. Termination or expiration of this Agreement shall not automatically cause your Solution Provider, Technology Alliance Partner or other agreement to be terminated, as applicable.

10. Your Representations and Warranties

You represent and warrant that: (i) your participation in the Marketplace will not conflict with any of your existing agreements or arrangements, (ii) you have sufficient rights to share all Your Content with us for our use and with other users of the Marketplace, (iii) that any Solutions you provide and Your Content does not violate or constitute the infringement of any intellectual property right, right of privacy, right of publicity or other proprietary right and (iv) your use of the Marketplace shall comply with any requirements set out by our Solution Provider Program, Technology Alliance Program or Laserfiche product terms and conditions, as applicable. You further represent and warrant that you have all sufficient rights and permissions to offer and provide any Solutions that you submit to the Marketplace.

11. Indemnification

You agree to defend, indemnify and hold harmless Laserfiche, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, including the Terms of Use, the Marketplace, your use, offer or provision of Solutions, Third-Party Sites or Third-Party Products, or your submission of a review.

12. DISCLAIMERS, NO WARRANTIES, AND LIMITATIONS

THE SITE, MARKETPLACE AND SOLUTIONS ARE PROVIDED AS-IS AND AS AVAILABLE. LASERFICHE AND ITS SHAREHOLDERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, VENDORS, CLIENTS, LICENSORS AND ADVISORS, WHETHER JOINTLY OR SEVERALLY (“LASERFICHE ENTITIES”), EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER LASERFICHE NOR ANY PERSON ASSOCIATED WITH LASERFICHE MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE, MARKETPLACE OR SOLUTIONS. WITHOUT LIMITING THE FOREGOING, NEITHER LASERFICHE NOR ANY PERSON ASSOCIATED WITH LASERFICHE REPRESENTS OR WARRANTS THAT THE SITE, MARKETPLACE OR SOLUTIONS OR ITEMS OBTAINED THROUGH THE SITE, MARKETPLACE OR SOLUTIONS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT OUR SITE OR MARKETPLACE OR THE SERVERS THAT MAKES THE SITE AND MARKETPLACE AVAILABLE ARE FREE OF HARMFUL COMPONENTS, SUCH AS VIRUSES, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND MARKETPLACE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, OR THE DISCLAIMER OR WAIVER. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, OR IF LASERFICHE MAY NOT, AS A MATTER OF LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF LASERFICHE’S LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. ALL OTHER TERMS WILL REMAIN IN FULL FORCE AND EFFECT.

13. LIMITATION OF LIABILITY

IN NO EVENT WILL LASERFICHE ENTITIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, MARKETPLACE, SOLUTIONS, ANY WEBSITES LINKED TO THE SITE OR MARKETPLACE, ANY CONTENT OR INFORMATION RECEIVED THROUGH THE SITE OR MARKETPLACE, WHETHER IT BE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, BUSINESS OR PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT (FORESEEABLE OR OTHERWISE) AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE SITE, MARKETPLACE, SOLUTIONS OR ANY OTHER SUCH PROVISION BY LASERFICHE. ACCESS TO, AND USE OF, THE SITE, MARKETPLACE AND SOLUTIONS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

IF YOU HAVE ANY BASIS TO RECOVER DAMAGES IN ANY CIRCUMSTANCE RELATED TO SOLUTIONS OR BREACH OF THESE TERMS, YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICES WILL NOT EXCEED IN AGGREGATE THE TOTAL AMOUNT PAID BY YOU TO US IN RESPECT OF THE AMOUNTS PAID IN THE MONTH PRECEDING ANY SUCH CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE SUCH LIMITATION OF LIABILITY.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. General
  • Arbitration and Class Action Waiver. Laserfiche hopes that we don’t have a dispute and we are open to resolving any issues informally. At Laserfiche’s sole discretion, it may require you to submit any disputes arising from these Terms or Solutions, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). You agree to submit to arbitration in Los Angeles, California.Neither you or Laserfiche will enter class arbitration or bring any claims as a plaintiff or class member in any class or representative arbitration proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement or this agreement will remain in force. You will have the right to opt out of this agreement to arbitrate by providing written notice of your intention to opt out within 30 days after the Effective Date of the latest Terms.
  • Governing Law and Venue. All matters relating to these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the state of California without giving effect to conflicts of law principles.Any legal suit, action or proceeding arising out of, or related to, these Terms will be instituted exclusively in the federal courts of the United States or the courts of the County of Los Angeles in the State of California. You waive all objections to the exercise of jurisdiction and venue over you by such courts to the extent enforceable under relevant law.
  • Force Majeure. Neither party will be responsible for failure or delay of performance if caused by an act of war, hostility, or sabotage; epidemic, pandemic or other outbreak; act of God; electrical, internet, or telecommunication outage that is not willfully caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
  • Relationship of the Parties. Both you and we agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of this Agreement.
  • Compliance with Applicable Laws. You shall comply with all applicable foreign and domestic laws (including without limitation export laws), governmental regulations, ordinances and judicial administrative orders. Export laws and regulations of the United States and any other relevant local export laws and regulations may apply to the Solutions, Marketplace Content and Laserfiche products and services. You will comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury. You will not directly or indirectly export, re-export or transfer Marketplace Content or Laserfiche products and services to prohibited countries or individuals or permit use of the Solutions, Marketplace Content or the Laserfiche products and services by prohibited countries or individuals.
  • SeverabilityIf any provision of these terms will be unlawful, void or for any reason unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity and enforceability of any remaining provisions. If a court or arbitrator holds that we cannot enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under relevant law.
  • Miscellaneous. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Solutions, Marketplace or Site, without express prior written permission from Laserfiche. These Terms are solely for your and our benefit; they aren’t for the benefit of any other person, except for Laserfiche’s successors and assigns. Persons who are 18 years or younger, or not of the age of majority, may not use the Site or Services thereunder, and we ask that no information in relation to such persons be submitted to Laserfiche. The English language version of these Terms and any notice or other document relating to these Terms shall prevail if there is a conflict or discrepancy between the English and any other language version of these Terms, except where the document is a constitutional, statutory or other official document.
  • Contact. Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party) and will be deemed delivered as of the date of actual receipt.

Contact Us

Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party) and will be deemed delivered as of the date of actual receipt.

Compulink Management Center, Inc. d/b/a Laserfiche
ATTN: Legal Department
3443 Long Beach Blvd.
Long Beach, CA 90807
USA
notices@laserfiche.com

To you: your address as provided in our account information for you. We may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you.

We may give notice to you by telephone calls to the telephone numbers on record in our account information for you.
  • Entire Agreement. This Agreement is the entire agreement between us for the Marketplace and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website.