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MicroPower Technologies
END-USER LICENSE AGREEMENT
for IP SECURITY SYSTEM SOFTWARE AND/OR FIRMWARE
IMPORTANT - READ CAREFULLY
This End User Software License Agreement (this “EULA”) is a legal agreement between you, the individual or entity that has agreed to pay for the rights granted
herein (“Licensee”), and MicroPower Technologies, Inc., a Delaware corporation (“MPT”). This EULA governs Licensee’s possession and use of the Software and the
Documentation (each as defined below).
BY CHECKING AND/OR CLICKING “I ACCEPT” OR A SIMILAR BOX OR BUTTON ASSOCIATED WITH THIS EULA AT THE BEGINNING OF THE SOFTWARE DOWNLOAD,
INSTALLATION, OR ACTIVATION PROCESS, BY INSTALLING ANY OF THE SOFTWARE, BY ACTIVATING ANY OF THE SOFTWARE WITH ANY ASSOCIATED LICENSE KEY, OR BY
USING ANY OF THE SOFTWARE, LICENSEE AGREES TO ALL OF THE TERMS AND CONDITIONS IN THIS EULA. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS AND
CONDITIONS IN THIS EULA, LICENSEE MUST NOT INSTALL, ACTIVATE, OR USE ANY OF THE SOFTWARE, AND LICENSEE MUST NOT CHECK AND/OR CLICK “I ACCEPT”
OR ANY SIMILAR BOX OR BUTTON ASSOCIATED WITH THIS EULA DURING THE SOFTWARE DOWNLOAD, INSTALLATION, OR ACTIVATION PROCESS. IF LICENSEE
DOES NOT AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS EULA, LICENSEE MAY RETURN THE UNUSED SOFTWARE FOR A FULL REFUND, PROVIDED THAT
LICENSEE’S RIGHT TO RETURN THE UNUSED SOFTWARE FOR A FULL REFUND EXPIRES THIRTY (30) DAYS AFTER THE PURCHASE OF THE SOFTWARE FROM MPT OR A
MPT-AUTHORIZED RESELLER OR DISTRIBUTOR, AND APPLIES ONLY IF LICENSEE IS THE ORIGINAL END USER PURCHASER.
1. DEFINITIONS. As used herein, the following terms shall have the following meanings:
1.1. “Documentation” means any and all end user documentation provided by MPT in connection with the Software, and all
Updates thereto.
1.2. “Factory Installed Software” means Software that is installed by MPT on a MPT hardware product prior to delivery of that
MPT hardware product to Licensee, and all Updates thereto. Factory Installed Software may include, without limitation, TrustLinx firmware, and certain third party
file server programs.
1.3. “GPL Software” refers to certain open source software that MPT may provide to Licensee in connection with a MPT hardware
product, including but not limited to the Linux software provided by MPT in connection with the MPT-C20S, MPT-C20S-IR, MPT-H10HA, MPT-H10AO products.
GPL Software is provided by MPT to Licensee solely under the terms of the GNU General Public License, Version 2, June 1991 (the “GNU GPL”), a copy of which
accompanies this Agreement. Consistent with the requirements of the GNU GPL, MPT will provide a complete machine-readable copy of the source code for GPL
Software for a charge of no more than MPT’s cost of physically performing such distribution, provided that such copy is requested within three (3) years following
Licensee’s receipt of the corresponding GPL Software from MPT.
1.4. “Remote Software” means Software that is meant to be installed on Licensee’s own hardware and that is not installed by MPT or a MPT reseller on a MPT
hardware product prior to delivery of that MPT hardware product to Licensee, and all Updates thereto. Remote Software may include, without limitation, MPT’s Web
Interface or GUI program.
1.5. “Software” means all software and firmware that accompanies this EULA, all copies thereof, all media associated therewith, and all Updates thereto; provided
that the term “Software” does mean any software or other materials for which a separate end user license agreement is provided (including but not limited to the
GPL Software).
1.6. “Updates” means any and all updates, upgrades, new releases, modifications, and/or supplements that may be provided by MPT from time to time, whether
through an online download process or otherwise.
1.7. “Use” means to install, store, load, execute, and display one copy of the Software on one device at a time for Licensee’s internal business purposes.
2. LICENSE GRANTS.
2.1. Software. Subject to all terms and conditions in this EULA, MPT hereby grants to Licensee a limited, revocable, non exclusive, non sublicenseable license to:
(a) Use Factory Installed Software, only in object code form, and only on the MPT hardware products that are purchased by Licensee and that contain such software
when first delivered to Licensee, provided that Licensee may not use Factory Installed Software in connection with any IP video cameras or IP video camera
subsystems that were not purchased from MPT, and provided further that
(i) MPT-C20S firmware may only be used with the MPT-C20S specified in the corresponding invoice;
(ii) MPT-C20S-IR firmware may only be used with the MPT-C20s-IR specified in the corresponding invoice
(iii) MPT-H10HA firmware may only be used with the MPT-H10HA specified in the corresponding invoice.
(b) Use Remote Software, only in object code form, and only on the number of Licensee computers for which Licensee has purchased a license (as specified in the
corresponding invoice).
2.2. Documentation. Subject to all terms and conditions in this EULA, MPT hereby grants to Licensee a limited, revocable,
non-exclusive, non-sublicenseable license to copy and use the Documentation to the limited extent reasonably necessary to support
Licensee’s permissible Use of the Software.
3. OWNERSHIP. Licensee acknowledges and agrees that MPT, its suppliers, and/or its licensors, as applicable, own and shall retain all rights, title, and interest in and
to the Software and the Documentation, including but not limited to all patents, trademarks, trade names, inventions, copyrights, know how, trade secrets, and
other intellectual and industrial property rights (and any corresponding applications or registrations) related to the Software or the Documentation. MPT’s suppliers
and licensors are intended beneficiaries under this EULA and independently may protect their rights in the Software and the Documentation in the event of any
infringement or breach of this EULA.
4. RESERVATION OF RIGHTS. Licensee acknowledges and agrees that the Software and the Documentation have been licensed to Licensee pursuant to the terms
and conditions of this EULA, and that the Software and the Documentation have not been sold to Licensee. MPT and its suppliers and licensors reserve all rights not
expressly granted herein. Licensee shall not use or copy the Software or the Documentation except as is expressly authorized in this EULA. Licensee acknowledges
and agrees that the Software and the Documentation are protected by United States copyright laws and international treaty provisions. Except as otherwise
expressly provided herein, Licensee must treat the Software and the Documentation like any other copyrighted material. Licensee shall not knowingly take any action
that would cause the Software or the Documentation to be placed in the public domain.
5. RESTRICTIONS.
5.1. Usage Restrictions. Licensee shall not permit any person other than Licensee’s employees and authorized agents to possess
or use the Software or the Documentation, and Licensee shall cause all such employees and authorized agents to abide by all terms and conditions imposed upon
Licensee herein. Licensee may not exceed the number of licenses, agents, tiers, nodes, seats, or other Use restrictions or authorizations agreed to and paid for by
Licensee. Licensee shall not use the Software to operate nuclear facilities, life support, or any other mission critical application where human life or property may
be at stake, and Licensee understands that the Software is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or
severe property or environmental damage for which MPT and its suppliers and licensors are not responsible. Some Software may require license keys or contain
other technical protection measures. Licensee acknowledges that MPT may monitor Licensee’s compliance with Use restrictions and authorizations, remotely or
otherwise. If MPT makes a license management program available which records and reports Software usage information, Licensee agrees to appropriately install,
configure, and execute such license management program beginning no later than one hundred and eighty (180) days from the date it is made available to Licensee
and continuing for the period that the Software is used.
5.2. No Transfer. Licensee may not, and agrees that it will not, transfer, assign, rent, lease, lend, resell, or in any way distribute or transfer the Software or the
Documentation (or any rights in this EULA, the Software, or the Documentation) to any third parties, including by operation of law, without MPT’s prior written
approval, payment to MPT of any applicable fees, and compliance with applicable third party terms. Upon any approved transfer of this EULA, Licensee’s rights
hereunder will terminate and Licensee will immediately deliver the Software, the Documentation, and all copies thereof to the transferee. The transferee must agree
in writing to the terms of this EULA and, upon such agreement, the transferee will be considered the “Licensee” for purposes of this EULA. Licensee may transfer
Factory Installed Software only upon transfer of the associated MPT hardware product.
5.3. No Reverse Engineering; No Modification. To the maximum extent permitted by applicable law, Licensee shall not reverse engineer, disassemble, decrypt, or
decompile the Software, or otherwise attempt to discover, reconstruct, or identify the source code for the Software or any user interface techniques, algorithms,
logic, protocols, or specifications included, incorporated, or implemented therein. Furthermore, to the maximum extent permitted by applicable law, Licensee shall