License and Limited Warranty Agreement
The opening of the packaging of the Software and/or the installation of the Software and/or the use of the Product shall be deemed that you have read and accepted the terms
of this License and Limited Warranty Agreement.
If you do not agree to the terms of this agreement, do not use the product. Promptly return the entire package to the place where you obtained it.
General Terms
You have purchased the right to use the software embedded in some integrated circuits of this Product and on the
enclosed disks and/or CD_ROM (the ‘
Software’
) and you have purchased the hardware that is the other part of the
Product (the ‘
Hardware’
), together (the ‘
Product’
) produced by Video Domain Technologies (‘VDT’).
If the Hardware or the Software does not function properly, please return the Product, together with the copy of your
paid receipt, to the place where you obtained it.
License
VDT grants you a license to use the Software subject to terms and conditions of the License agreement hereto.
You
do not own the Software
. VDT and/or third parties remain the sole owner of the Software. The Software and
accompanying documentation are proprietary products of VDT and/or third parties, and all title, trade secrets, trade
names, trademark patents, copyrights and any other intellectual and proprietary rights, in the Product whether
registered or not, remain the sole property of VDT and/or third parties. The intellectual property rights of VDT and/or
third parties in the Product are protected by law.
Your rights in the Software are limited to installation of the Software, in the machine-readable form in accordance
with the instructions VDT provided you, executing the Software after installation, and making an archive copy(s) in
the form provided for backup purposes.
The Software may be used only in conjunction with the Hardware you bought, as an integral part of the Product. Any
attempt to determine the source code for the Software; to modify, reprogram, translate, dissemble, decompose, or
otherwise reverse engineer the Software; selling sublicense, transferring the Software to anyone else; or allowing any
one the access or execute the Software through time sharing services or as a service bureau are forbidden. Any
attempt to do any of these forbidden activities will automatically terminate your tight to use the Software and our
Limited Warranty without any notice from use.
Warranty
The Product, including the media on which the Software is delivered, is warranted to be free of defects in material
and workmanship and shall comply with VDT specifications, for a period of 12 months of normal use from the date
of purchase (‘the Warranty Period’).
The Warranty is void if VDT’s instructions of operation, checking and maintenance are ignored, if attempts to repair
the Product have been done before the Product is returned to the place where you obtained it. Responsibility for
normal wear and tear is excluded.
The Product is provided ‘As Is’ and without Warranty, by VDT and/or the distributor and/or the importer, if the
importer is not a distributor (each hereinafter the ‘
Distributor’
) of the Product, in the country where the product was
purchased, or our suppliers, express or implied, including without limitation implied warranty of merchantability of
fitness any particular purpose.
During the Warranty Period, VDT’s and/or VDT’s Distributor sole obligation, in tort, contract, or otherwise, shall be to
repair or replace the defective Product, at VDT’s option. The repair or replacement of the defective Product during the
Warranty Period will not extend the Warranty Period. The Warranty does not cover failures resulting from improper
operation, connection, or installation.
For your convenience, VDT’s obligations in connection to Warranty claims, repairs service and instructions have been
transferred to VDT’s Distributor in your country. The Distributor is responsible for providing you with all necessary
services (If you need the details of the Distributor in your country, please contact VDT).
However, if according to law, by law EC directive etc. prevailing in the country/state in which the product
was purchased you are entitled a longer warranty period and/or to better minimum undertaking from VDT
and/or from the distributor than those granted to you herein, then this document is changed to reflect the
said minimum/s.
Disclaimer
VDT and/or the Distributor make no Warranty, Representation or promise expressed or implied that the Hardware
and/or the Software or associated documentation will satisfy your requirements and/or that the hardware or software
and documentation are without defect or error or that the operation of the hardware and software will
uninterrupted or error free.
Limitation of Liability
Except as otherwise restricted by Law, VDT’s and/or distributor’s aggregate liability arising from or relating to your
purchase and/or use of the Hardware and/or Software, the associated documentation or any services provided by VDT
and/or the distributor, is limited to the total of all payments made by or for you for the Hardware and Software and
documentation.
Neither VDT nor the Distributor or any of their licensors, directors, employees, or any body acting on their behalf shall
in any case be responsible or liable for any special, incidental, consequential, indirect or punitive damages, even if
advised of the possibility of those damages and/or for lost profits or revenue, loss of contracts, loss of data, costs or
re-creating lost data, and/or the cost of any substitute Hardware and/or Software and/or equipment or programs.
Governing Law and Jurisdiction
Except as otherwise restricted by law, this Agreement shall be governed only by, and interpreted, in accordance with
the laws of the State of Israel and the exclusive jurisdiction shall be vested to the local courts of Tel Aviv.
Entire Agreement
This Agreement sets forth the entire understanding and rights and duties between you and VDT. This Agreement may
be amended only in writing signed by both parties. No person or entity is authorized to modify this Agreement or to
make any warranty, representation or promise which is different than, or in addition to, the representation or
promises of this agreement.
Waiver
No waiver of any right under this Agreement shall be effective unless in writing, signed by a duly authorized
representative of the party to be bound. No waiver of any past or present right arising from any breach or failure to
perform shall be deemed to be a waiver of any future right arising under this Agreement.
Severability
If any provision in this Agreement is invalid or unenforceable, that provision shall be construed, limited, modified or, if
necessary, severed, to the extent necessary, to eliminate its invalidity or unenforceability, and the other provisions of
this Agreement shall remain unaffected.
PN/V7140002
