DEVOS -- Enterprise Video System
Page 147
DEVOS
END-USER LICENSE AGREEMENT FOR DISCOVER VIDEO LLC PROGRAMS
AND COMPONENTS
IMPORTANT-READ CAREFULLY
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Discover Video LLC and its suppliers
for the software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic
documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this
EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase
for a full refund of the price paid for this software product.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The
SOFTWARE PRODUCT is licensed, not sold.
1.
GRANT OF LICENSE
This EULA grants you the following rights: Application Software. You may install and use the SOFTWARE PRODUCT on one compute r. You may not
redistribute software. Additional rights may or may not be granted upon request.
Storage/Network Use
. You may store a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used to install or run the
SOFTWARE PRODUCT on other computers over an internal network for backup purposes PROVIDED it is not possible to access the software from the public
Internet.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Limitations on Reverse Engineering, Decompilation, and Disassembly
. You may not reverse engineer, decompile, or disassemble the SOFTWARE
PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Separation of Components
. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than
one computer, and 3
rd
party software is not allowed to use or access any installed component.
Rental
. You may not rent, lease, or lend the SOFTWARE PRODUCT.
Support Services
. Discover Video LLC may or may not provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any
supplemental software code provided to you as part of the Support shall be considered part of the SOFTWARE PRODUCT and subject to the terms and
conditions of this EULA. With respect to technical information you provide as part of the Support Services, we may use such information for business purposes,
including for product support and development.
License Control.
Licensee acknowledges that the Licensed Products may contain code or require devices that detect or prevent unauthorized use of, or
disable, the Licensed Products, and Licensee agrees not to circumvent or disable such code or devices.
Software Transfer
. You may transfer this SOFTWARE PRODUCT to another party, PROVIDED the party agrees to this EULA. If the SOFTWARE PRODUCT
is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT. Transfer does not imply that any related service may be transferred.
Termination
. Without prejudice to any other rights, Discover Video may terminate this EULA if you fail to comply with the terms and cond itions of this EULA.
In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3. UPGRADES
If the SOFTWARE PRODUCT is an upgrade or a revision of a component of a package of software programs that you licensed as a single product, the
SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
4. COPYRIGHT
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, vi deo, audio, music, text,
objects, dll's, applets, and other components incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the
SOFTWARE PRODUCT are owned by Discover Video LLC or its suppliers or partners. The SOFTWARE PRODUCT is protected by copyright laws and
international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the
SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed or online
materials accompanying the SOFTWARE PRODUCT except for internal training purposes.
5. DUAL-MEDIA SOFTWARE
You may receive the SOFTWARE PRODUCT in more than one medium, including downloading from the public Internet. Regardless of the type or size of
medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another
computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above)
of the SOFTWARE PRODUCT.
6. U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS.
7. MISCELLANEOUS
If you acquired this product in the United States, this EULA is governed by the laws of the State of Connecticut. If this product was acquired outside the United
States, then local law may apply.
8. EXPORT RESTRICTIONS
Licensee agrees that it will not export or re-export the SOFTWARE PRODUCT to any country, person, entity, or end user subject to US export restrictions.
9. NO WARRANTIES
THIS SOFTWARE PRODUCT IS SOLD "AS IS". ANY USE OF THE SOFTWARE PRODUCT IS AT LICENSEE'S OWN RISK. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, DISCOVER VIDEO LLC AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT
SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION
TO STATE/JURISDICTION.
10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DISCOVER VIDEO LLC OR ITS SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF
DISCOVER VIDEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, OUR ENTIRE LIABILITY UNDER ANY PROVISION
OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $1.00.
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
11. EVALUATION
BY INSTALLING THIS SOFTWARE, YOU AGREE THAT YOU HAVE HAD AMPLE OPPORTUNITY TO EVALUATE A DEMONSTRATION OR EVALUATION
VERSION OF THIS SOFTWARE AND THAT YOU HAVE DETERMINED IT IS ADEQUATE FOR YOU
12. PERMISSION / AGENT
YOU HAVE GIVEN DISCOVER VIDEO PERMISSION TO INSTALL REQUIRED 3RD PARTY SOFTWARE ON YOUR BEHALF AND TO ACCEPT EULA TERMS ON YOUR
BEHALF.
The products sold by Discover Video are not intended for and will not be used in life
support systems, medical equipment, nuclear facilities or systems, aircraft, aircraft devices,
aircraft/emergency communication devices or other critical systems whose failure to
perform be reasonably expected to result in significant injury or loss of life or catastrophic
