Unity Surveillance, Inc.
END USER SOFTWARE LICENSE AGREEMENT & TERMS
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6 AND 7; AND LIABILITY IN SECTION 8. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED THE 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 IF YOU: (A) DO NOT USE THE 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.
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
"Licensor" means Unity Surveillance, Inc, with its main address located at State of Arkansas. P.O. Box 22207, Hot Springs, AR 71903.
"Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Unity Surveillance, Inc or third party computer information or software; (ii) digital images, stock photographs, clip art, sounds or other artistic works ("Stock Files"); (iii) related explanatory written materials or files ("Documentation"); and (iv) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Unity Surveillance, Inc (collectively, "Updates").
"Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation.
“Licensee” means You or Your Company, unless otherwise indicated.
"Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by Unity Surveillance, Inc.
"Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
2. Software License
As long as you comply with the terms of this End User License Agreement (the "Agreement"), Unity Surveillance, Inc grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation. Some third-party materials included in the Software may be subject to other terms and conditions, which are typically found in a "Read Me" file located near such materials.
2.1 General Use
You may install and Use a copy of the Software on your compatible computer, up to the Permitted Number of computers; or
2.2 Server Use
You may install one copy of the Software on your computer file server for the purpose of downloading and installing the Software onto other computers within your internal network up to the Permitted Number or you may install one copy of the Software on a computer file server within your internal network for the sole and exclusive purpose of using the Software through commands, data or instructions (e.g. scripts) from an unlimited number of computers on your internal network. No other network use is permitted, including but not limited to, using the Software either directly or through commands, data or instructions from or to a computer not part of your internal network, for internet or web hosting services or by any user not licensed to use this copy of the Software through a valid license from Unity Surveillance, Inc ; and
2.3 Backup Copy
You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 6.
2.4 Home Use
You, as the primary user of the computer on which the Software is installed, may also install the Software on one of your home computers. However, the Software may not be used on your home computer at the same time the Software on the primary computer is being used.
2.5 Stock Files
Unless stated otherwise in the "Read-Me" files associated with the Stock Files, which may include specific rights and restrictions with respect to such materials, you may display, modify, reproduce and distribute any of the Stock Files included with the Software. However, you may not distribute the Stock Files on a stand-alone basis, i.e., in circumstances in which the Stock Files constitute the primary value of the product being distributed. Stock Files may not be used in the production of libelous, defamatory, fraudulent, lewd, obscene or pornographic material or any material that infringes upon any third-party intellectual property rights or in any otherwise illegal manner. You may not claim any trademark rights in the Stock Files or derivative works thereof.
To the extent that the Software includes Unity Surveillance, Inc [SOFTWARE] software, (i) you may customize the installer for such software in accordance with the restrictions found at [WEBSITE] (e.g., installation of additional plug-in and help files); however, you may not otherwise alter or modify the installer program or create a new installer for any of such software, (ii) such software is licensed and distributed by Unity Surveillance, Inc , and (iii) you are not authorized to use any plug-in or enhancement that permits you to save modifications to a [FORMAT] file with such software; however, such use is authorized with Unity Surveillance, Inc , Unity Surveillance, Inc [SOFTWARE], and other current and future Unity Surveillance, Inc products. For information on how to distribute [SOFTWARE] please refer to the sections entitled "How to Distribute [SOFTWARE]" at [WEBSITE].
3. Intellectual Property Rights
The Software and any copies that you are authorized by Unity Surveillance, Inc to make are the intellectual property of and are owned by Unity Surveillance, Inc and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Unity Surveillance, Inc and its suppliers. The Software is protected by copyright, including without limitation by [COUNTRY] Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, except as set forth in Section 2 ("Software License").
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 Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Unity Surveillance, Inc to provide the information necessary to achieve such operability and Unity Surveillance, Inc has not made such information available.
Unity Surveillance, Inc has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by Unity Surveillance, Inc or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the Unity Surveillance, Inc Customer Support Department. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software.
You may not, rent, lease, sublicense or authorize all or any portion of the Software to be copied onto another users computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer each this Agreement, the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, and all copies of font software converted into other formats, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.
5. Multiple Environment Software / Multiple Language Software / Dual Media Software / Multiple Copies/ Bundles / Updates
If the Software supports multiple platforms or languages, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you received the Software bundled with other software, the total number of your computers on which all versions of the Software are installed may not exceed the Permitted Number. You may not, rent, lease, sublicense, lend or transfer any versions or copies of such Software you do not Use. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use the Update. You may continue to Use the previous version of the Software on your computer after you receive the Update to assist you in the transition to the Update, provided that: the Update and the previous version are installed on the same computer; the previous version or copies thereof are not transferred to another party or computer unless all copies of the Update are also transferred to such party or computer; and you acknowledge that any obligation Unity Surveillance, Inc may have to support the previous version of the Software may be ended upon availability of the Update.
6. NO WARRANTY
The Software is being delivered to you "AS IS" and Unity Surveillance, Inc makes no warranty as to its use or performance. Unity Surveillance, Inc AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, Unity Surveillance, Inc AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
7. Pre-release Product Additional Terms
If the product you have received with this license is pre-commercial release or beta Software ("Pre-release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supersede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from Unity Surveillance, Inc, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to you "AS-IS", and Unity Surveillance, Inc disclaims any warranty or liability obligations to you of any kind. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, Unity Surveillance, Inc 'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge that Unity Surveillance, Inc has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, that Unity Surveillance, Inc has no express or implied obligation to you to announce or introduce the Pre-release Software and that Unity Surveillance, Inc may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Agreement, if requested by Unity Surveillance, Inc, you will provide feedback to Unity Surveillance, Inc, regarding testing and use of the Pre-release Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written agreement, such as the Unity Surveillance, Inc Serial Agreement for Unreleased Products, your use of the Software is also governed by such agreement. You agree that you may not and certify that you will not sublicense, lease, loan, rent, or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by Unity Surveillance, Inc of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from Unity Surveillance, Inc and to abide by the terms of the End User License Agreement for any such later versions of the Pre-release Software. Notwithstanding anything in this Section to the contrary, if you are located outside the United States of America or Canada, you agree that you will return or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion of your testing of the Software when such date is earlier than the date for Unity Surveillance, Inc 's first commercial shipment of the publicly released (commercial) Software.
8. LIMITATION OF LIABILITY
IN NO EVENT WILL Unity Surveillance, Inc OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN Unity Surveillance, Inc REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. Unity Surveillance, Inc 'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits Unity Surveillance, Inc 's liability to you in the event of death or personal injury resulting from Unity Surveillance, Inc 's negligence or for the tort of deceit (fraud). Unity Surveillance, Inc is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact Unity Surveillance, Inc 's Customer Support Department.
9. Export Rules
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
10. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the state Louisiana of the United States of America.
11. General Provisions
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Unity Surveillance, Inc. Updates may be licensed to you by Unity Surveillance, Inc with additional or different terms. This is the entire agreement between Unity Surveillance, Inc and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
12. Notice to U.S. Government End Users
The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States. For U.S. Government End Users, Unity Surveillance, Inc agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement.
13. Compliance with Licenses
If you are a business or organization, you agree that upon request from Unity Surveillance, Inc or Unity Surveillance, Inc 's authorized representative, you will within thirty (30) days fully document and certify that use of any and all Unity Surveillance, Inc Software at the time of the request is in conformity with your valid licenses from Unity Surveillance, Inc .
If you have any questions regarding this Agreement or if you wish to request any information from Unity Surveillance, Inc please use the address and contact information included with this product to contact the Unity Surveillance, Inc office serving your jurisdiction.
Unity Surveillance, Inc, UnityCore US, Logics Au Fait Systems or any subsidiary or associates companies or Unity View, Unity X-Stream, Unity StreamStor, Unity C202/20, Unity Core, Unity Foresight or any and all Unity published applications are either registered trademarks or trademarks of Unity Surveillance, Inc in the United States and/or other countries.
Additional Terms and Conditions
FREEWARE LICENSE TERMS
This website contains certain downloadable software that does not require payment of any license fee. The copyright owner and Licensor or the software that you download through this site is indicated in the accompanying read-me file and in the area of this website from which the software is downloaded. This Freeware License is a binding legal agreement between the individual who downloads the software (“You”) and the Licensor.
THIS SOFTWARE IS COPYRIGHTED AND THE OWNER OF THE COPYRIGHT CLAIMS ALL EXCLUSIVE RIGHTS TO SUCH SOFTWARE, EXCEPT AS LICENSED TO USERS HEREUNDER AND SUBJECT TO STRICT COMPLIANCE WITH THE TERMS OF THIS FREEWARE LICENSE.
Even though a license fee is not paid for use of such Freeware, it does not mean that there are not conditions for using such Freeware. As a condition for granting you a license to use Freeware programs that are available through this site, you agree to all of the following terms and conditions. You are deemed to have read, understood and accepted all such terms and conditions upon executing a download of any Freeware program.
If you fail to abide by any of the terms and conditions set forth herein, your license to use such Freeware shall be immediately and automatically revoked, without any notice or other action by the Copyright Owner.
TERMS AND CONDITIONS
1. You are granted a non-exclusive license to use the Downloaded Software subject to your compliance with all of the terms and conditions of this Freeware License.
2. You may only use the software on a single computer that you own, lease or control. You may make one backup copy of the software for your own use to replace the primary copy in the event of hard-drive failure or other unavailability of the primary copy. The backup copy shall retain all copyright notices.
3. You are only granted a license for the machine-readable, object code portion of the software. You will not modify, enhance, reverse engineer or otherwise alter the software from its current state.
4. You may not use the software for multiple users or on a local area network without written consent from the Licensor.
5. You may not distribute, copy, publish, assign, sell, bargain, convey, transfer, pledge, lease or grant any further rights to use the software.
6. You will not have any proprietary rights in and to the software. You acknowledge and agree that the Licensor retains all copyrights and other proprietary rights in and to the software.
7. Your license to use the software shall be revocable by the Licensor upon written notice to you. This license shall automatically terminate upon your violation of the terms hereof or upon your use of the software beyond the scope of the license provided herein.
8. Use within the scope of this license is free of charge and no royalty or licensing fees shall be payable by you. Use beyond the scope of this license shall constitute copyright infringement.
9. This license shall be effective and bind you upon your downloading of the software.
10. You accept the software on an “AS IS” and with all faults basis. No representations and warranties are made to you regarding any aspect of the software.
11. THE LICENSOR HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATIVE TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. LICENSOR SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES, INJURIES OR LIABILITIES CAUSED DIRECTLY OR INDIRECTLY FROM THE USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES.
12. This Freeware License shall be interpreted under the laws of Arkansas & Louisiana of the United States of America, You agree that all controversies pertaining to the software and/or this Freeware Agreement shall be brought in the courts of Arkansas & Louisiana of the United States of America. You hereby submit to the jurisdictions of such court. However, federal courts located in Arkansas & Louisiana of the United States of America shall have jurisdiction over copyright claims brought by the Licensor and you hereby submit to the jurisdiction of federal court located in the Arkansas & Louisiana of the United States of America.
13. Licensor’s failure to enforce any rights hereunder or its copyright in the software shall not be construed as amending this agreement or waiving any of Licensor’s rights hereunder or under any provision of state of federal law.