RsPlayer | User Guide
Apollo Video Technology
24000-35
th
Avenue Southeast – Bothell, WA 98021
Toll Free:
888.288.8721;
Tel:
425.483.7100;
Fax:
425.483.7200
www.apollovideo.com
OM-03-1001
Page
9
End User License Agreement
4.
FOR SOFTWARE TO BE USED WITH APOLLO VIDEO TECHNOLOGY PRODUCTS
IMPORTANT NOTICE TO END USERS: This End User License Agreement (“Agreement”) is a legal agreement between the
purchaser (either an individual person or
a single legal entity who will be referred to in this Agreement as “You”) of the Licensed
Software (as defined below) and Apollo Video Technology, LLC (“Apollo”).
BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE LICENSED SOFTWARE YOU AGREE TO BE BOUND
BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT
DOWNLOAD, INSTALL, COPY OR USE THE LICENSED SOFTWARE. IF YOU ACQUIRED THE LICENSED SOFTWARE ON
TANGIBLE MEDIA (e.g. CD) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS
AGREEMENT, YOU MAY OBTAIN A REFUND OF THE AMOUNT YOU ORIGINALLY PAID FOR THE LICENSED SOFTWARE IF
YOU (A) DO NOT USE THE LICENSED SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION
FROM WHICH IT WAS OBTAINED WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE.
This Agreement is effective on the date you manifest your acceptance of this Agreement by downloading, installing, copying or
otherwise using the Licensed Software.
1. DEFINITIONS. In this Agreement, “Licensed Software” means the computer programs, in machine readable, interpreted, compiled
or other form, furnished to You for use with Apollo video recorders, whether owned or licensed by Apollo, and including without
limitation, (a) computer programs residing on any medium and all materials or contained in any download supplied by Apollo in
connection with the Licensed Software, (b) related explanatory written materials or files ("Documentation")? and (c) upgrades,
modified versions, updates, additions, and copies of the Licensed Software, if any, provided to You by Apollo, either directly or
indirectly (collectively, "Updates"). The “Apollo video recorder” means the Apollo mobile digital video recorder products that Apollo
sold to You, either directly or indirectly.
2. LICENSE. As long as You comply with the terms of this Agreement, Apollo grants You a nonexclusive, nontransferable license to
use the Licensed Software (in object code form only) for use in the operation of Apollo video recorders. You may make one back up
copy of the Licensed Software to support your use of the Apollo recorder.
3. SUPPORT SERVICES. Apollo or the reseller or distributor from whom You purchased your Apollo video recorder may provide You
with support services related to the Licensed Software ("Support Services"). Use of Support Services is governed by the policies and
programs described in the user manual, in "online" documentation, or in other materials from the support services provider. Any
supplemental software code provided to You as part of the Support Services are considered part of the Licensed Software and subject
to the terms and conditions of this Agreement. You acknowledge and agree that Apollo and its licensors, contractors, resellers and
distributors may use technical information You provide to them as part of the Support Services for their business purposes, including
for product support and development.
4. RESTRICTIONS. You will not use the Licensed Software in conjunction with any other equipment, system, processing units, or for
any purpose other than for the operation of the Apollo video recorders and solely for your internal business in accordance with
operating instructions Apollo or its authorized resellers or distributors may provide from time to time. Unless specifically and expressly
permitted by Apollo, You agree not to modify, adapt or translate the Licensed Software. You also agree not to reverse engineer,
decompile, disassemble or otherwise attempt to discover the source code of the Licensed Software or to rent, lease or otherwise
transfer rights to the Licensed Software.
5. INTELLECTUAL PROPERTY AND CONFIDENTIALITY. The Licensed Software and any copies that You are authorized by Apollo
to make are the intellectual property of and are owned by Apollo and its licensors. The Licensed Software is protected by U.S. and
international copyright law. Any copies that You are permitted to make pursuant to this Agreement must contain the same copyright
and other proprietary notices that appear on or in the Licensed Software. Except for the limited license granted to You herein, all right,
title and interest reside in Apollo and its licensors. The Licensed Software, including without limitation its structure, organization and
code, and its accompanying Documentation ar
e Apollo’s or its licensors’ confidential information and constitute trade secrets.
6. LIMITED WARRANTY. Apollo warrants that the Licensed Software will perform substantially in accordance with the accompanying
materials and online documentation publicized by Apollo for a period of three (3) years from the date of receipt. Any supplements or
updates to the Licensed Software provided to You after the expiration of the limited warranty period are not covered by any warranty
or condition, express or implied.
Apollo and its licensors and suppliers’ entire liability and your exclusive remedy will be, at Apollo’s
option, (a) return of the price paid (if any) for the Licensed Software, or (b) repair or replacement of the Licensed Software that does
not meet this limited warranty and that is returned to Apollo. This Limited Warranty is void if failure of the Licensed Software has
resulted from accident, abuse, misapplication, abnormal use or a virus.
7. DISCLAIMER OF WARRANTIES. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY WARRANTY, EXPRESS
OR IMPLIED, MADE TO YOU BY APOLLO. EXCEPT FOR THE LIMITED WARRANTY STATED ABOVE, APOLLO PROVIDES THE
LICENSED SOFTWARE AND SUPPORT SERVICES TO YOU ON AN “AS IS” BASIS AND HEREBY DISCLAIMS ALL OTHER
WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
NEITHER APOLLO NOR ITS LICENSORS WILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE APOLLO VIDEO RECORDER,
THE LICENSED SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER
