Warranty Information
Software End User License Agreement
Mantaray Administrator’s Guide, v1.0.3, Issue 01
54
1.7. Upgrades.
Upgrades shall mean any modification to the Product made by Haivision, which are so signif-
icant, in Haivision’s sole discretion, as to warrant their exclusion under the current license grant for
the Product. Upgrades of Product are denoted by number changes to the left of the decimal point for
a release number (for example, going from 2.0 to 3.0).
1.8. You (or Your).
The legal entity specified in the Entitlement, or for evaluation purposes, the entity
performing the evaluation.
2.
RIGHTS AND RESTRICTIONS
2.1. License to Use.
Subject to the terms and conditions set forth herein and subject to the terms of your Enti-
tlement, Haivision hereby grants to You a non-exclusive, personal, limited and nontransferable right
and license to use the Product in accordance with the terms of this Agreement. This license is granted
to You and not, by implication or otherwise, to any parent, subsidiary or affiliate of Yours without
Haivision’s specific prior written consent. This license is for the limited use of the Product by You
for the purpose of creating, managing, distributing and viewing IP Video assets. This license does
not grant any license for content whatsoever. All rights not expressly granted to You by this
Agreement are reserved by Haivision.
2.2. Restrictions.
(a)
Reproduction
. You shall not copy, modify, distribute, use or allow access to any of the Product,
except as explicitly permitted under this Agreement and only in the quantities designated in the Enti-
tlement. However, You have the right to make copies of the Product solely for archival purposes,
but only in quantities necessary and typical for your Organization.
You shall not modify, adapt,
translate, export, prepare derivative works from, decompile, reverse engineer, disassemble or
otherwise attempt to derive source code, hardware designs or other proprietary information from the
Product or any internal data files generated by the Product, or use the Product embedded in any third
party hardware or software. You shall also not use the Product in an attempt to, or in conjunction
with, any device, program or service designed to circumvent technological measures employed to
control access to, or the rights in other work protected by copyright laws. You shall not remove,
modify, replace or obscure Haivision’s copyright and patent notices, trademarks or other proprietary
rights notices affixed to or contained within any Product. No right is granted hereunder for any third
party who obtains access to any Product through You to use the Product to perform services for third
parties. Most sublicensing arrangements are prohibited under this Agreement. However, if You are
a Reseller, You are permitted to sublicense the Product to single end-users under terms and condi-
tions similar to the provisions of this Agreement; however, You are responsible and liable pursuant
to the terms and conditions of this Agreement for Your sublicensees’ actions and failures to take
required actions with respect to the Product.
(b)
Ownership
. The Product is conditionally licensed and not sold. As between the parties, Haivision
and/or its licensors owns and shall retain all right, title and interest in and to all of the Product,
including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights
therein, and nothing in this Agreement shall be deemed to transfer to You any ownership or title to
the Product. You agree that you will not remove, alter or otherwise obscure any proprietary rights
notices appearing in the Product. All Haivision technical data and computer software is commercial
in nature and developed solely at private expense.
3.
TERM AND TERMINATION
3.1. Term.
The license and service term are set forth in your Entitlement(s). Additionally, this Agreement may
be terminated without cause by You upon thirty (30) days written notice to Haivision.
