4. Limited warranty. VIDEOIQ does not warrant that the operation of the Software. VIDEOIQ
does warrant that the media on which the Software is furnished will be free from defects in
materials and workmanship under normal use for a period of ninety (90) days from the date of
delivery (Media Warranty Period). Your exclusive remedy under this limited warranty for
nonconforming Software shall be repair or replacement of the Software, in the sole discretion
of VIDEOIQ. To obtain a repair or replacement of nonconforming Software, contact VIDEOIQ
Customer Service toll free at 888 351-1758 or online at www.videoiq.net during the Software
Warranty Period.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE LICENSED PRODUCT IS PROVIDED “AS IS”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE AND, EXCEPT AS EXPRESSLY PROVIDED ABOVE, YOU ASSUME THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT.
5. Limitation of liability. VIDEOIQ’S SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT
IS THE REPAIR OR REPLACEMENT OF NONCONFORMING SOFTWARE AND/OR DEFECTIVE
MEDIA ACCORDING TO THE LIMITED WARRANTY ABOVE. IN NO EVENT WILL VIDEOIQ BE
LIABLE FOR ANY DAMAGES, WHETHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,
EXEMPLARY OR PUNITIVE, NOR FOR ANY LOSS OF DATA, LOSS OF PROFITS, OR LOST
SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR
DOCUMENTATION (OR ANY HARDWARE FURNISHED WITH THE SOFTWARE), EVEN IF VIDEOIQ
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR FOR ANY CLAIM BY ANY
THIRD PARTY.
6. General. Any hardware provided to You by VIDEOIQ shall not be exported or re-exported in
violation of any export provisions of the United States or any other applicable jurisdiction. Any
attempt to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder
shall be void. This Agreement shall be governed by and interpreted under the laws of the
United States of America as to federal questions and of the Commonwealth of Massachusetts
as to matters of state law without regard to conflicts of law provisions. You hereby consent to
the exclusive jurisdiction of the state and federal courts located in Boston, Massachusetts, to
resolve any disputes arising under or in connection with this Agreement, with venue in
Boston, Massachusetts.
7. Restricted rights legend. The Licensed Product is provided with RESTRICTED RIGHTS. In the
event the United States Government or an agency thereof is granted a license to the Licensed
Product, the following additional terms apply to such license: Restricted Computer Software,
as defined in the Commercial Computer Software–Restricted Rights clause at Federal
Acquisition Regulations 52.227-19, and the restrictions as provided in subparagraphs (c)(1)
and (c)(2) thereof; and as applicable, the Government’s rights to use, modify, reproduce,
release, perform, display, or disclose the Software also are restricted as provided by
paragraphs (b)(2) and (b)(3) of the Rights in Noncommercial Technical Data and Computer
Software–Small Business Innovative Research (SBIR) Program clause at DFARS 252.227-
7018.
8. Trademarks, copyrights and patents. VIDEO IQ is a registered trademark of VideoIQ, Inc.
Other trade names used in this document may be trademarks or registered trademarks of
VIDEOIQ, the manufacturers or vendors of the respective products. The Licensed Product is
protected by US Copyright law and other rights. You acknowledge that you have been notified
of these trademark, copyright and patent rights and will not knowingly infringe them.
9. Intended use. You agree to use this product only for the purpose it was designed for. For the
latest product information, refer to the data sheet and user documentation, contact your local
supplier or go to www.videoiq.net.
10. Privacy Laws. Privacy laws addressing video or audio surveillance vary by country, state,
city and region. Video and/or audio recording of people or places, with or without consent of
one or both parties, may be prohibited. VIDEOIQ will not be held responsible for any illegal
actions committed by Your use of VIDEOIQ Software or equipment. You are responsible for
meeting any and all applicable government regulations, including but not limited to any local,
state, federal law, rule, ordinance, regulation or the like.
Summary of Contents for ICVR
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