END-USER LICENSE AGREEMENT OF VISIOLOGIX
This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and VISIOLOGIX for the VISIOLOGIX software accompanying this EULA, which includes computer software and may include “online” or electronic documentation (“SOFTWARE PRODUCT” or “SOFTWARE”).
By exercising your rights to make and use copies of the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, promptly notify VISIOLOGIX.
Software. The software includes VISIOLOGIX proprietary software: C3 Sentinel, C3 Studio, C3 Operations, CITE M1G2, CITE M1G3, CITE A1, IDS, IDS8, IDS8Micro, SDS, ILPR™, EMS Mobile Client, Hydra, EMS Standard, and EMS Enterprise. This software does not include Operating Systems or any other software not label as VISIOLOGIX.
License Model. The software is licensed on a per copy per computer basis. A computer is a physical hardware system with an internal storage device capable of running the software. A hardware partition or blade is considered to be a separate computer.
1. INSTALLATION AND USE RIGHTS.
b. Licensed Computer. You may use the software on the licensed computer at one time. Unless otherwise provided in these license terms, you may not use the software on any other computer.
c. Number of Users. Unless otherwise provided in these license terms, only one user may use the software at a time.
d. Alternative Versions. The software may include more than one version, such as 32-bit and 64-bit. You may install and use only one version at one time.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
b. pool connections, or
c. reduce the number of devices or users that directly access or use the software
(Sometimes referred to as “multiplexing” or “pooling”), does not reduce the number of licenses you need.
d. Use with Virtualization Technologies. Instead of using the software directly on the licensed computer, you may install and use the software within only one virtual (or otherwise emulated) hardware system on the licensed computer. When used in a virtualized environment, content protected by digital rights management technology, Microsoft® BitLocker or any full volume disk drive encryption technology may not be as secure as protected content not in a virtualized environment. You should comply with all domestic and international laws that apply to such protected content.
e. Storage. You may store one copy of the software on a storage device, such as a network server. You may use that copy to install the software on any other computer to which a license has been assigned.
f. Remote Access Technologies. You may access and use the software installed on the licensed computer remotely from another device using remote access technologies as follows.
g. Other Access Technologies. You may use Remote Assistance or similar technologies to share an active session.
h. Related Media Information. If you request related media information as part of your playback experience, the data provided to you may not be in your local language. Some countries or regions have laws and regulations which may restrict or limit your ability to access certain types of content.
SOFTWARE PRODUCT LICENSE
3. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. This agreement only gives you some rights to use the features included in the software edition you licensed. VISIOLOGIX reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
b. reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
c. use components of the software to run applications not running on the software;
d. make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
e. publish the software for others to copy;
f. rent, lease or lend the software; or
g. use the software for commercial software hosting services.
4. GRANT OF LICENSE. This EULA grants you the following rights:
b. Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device. A license for the SOFTWARE PRODUCT may not be shared or used concurrently on different computers.
5. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
b. Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
c. Rental. You may not rent or lease the SOFTWARE PRODUCT.
d. Software Transfer. You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, any upgrades, this EULA) and, and the recipient agrees to the terms of this EULA.
e. Termination. Without prejudice to any other rights, VISIOLOGIX may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
6. Activation associates the use of the software with a specific computer. During activation, the software will send information about the software and the computer to VISIOLOGIX. This information includes the version, language and product key of the software, the Internet protocol address of the computer, and information derived from the hardware configuration of the computer. By using the software, you consent to the transmission of this information. If properly licensed, you have the right to use the version of the software installed during the installation process up to the time permitted for activation. Unless the software is activated, you have no right to use the software after the time permitted for activation. This is to prevent its unlicensed use. You are not permitted to bypass or circumvent activation. If the computer is connected to the Internet, the software may automatically connect to VISIOLOGIX for activation. You can also activate the software manually by Internet or telephone. If you do so, Internet and telephone service charges may apply. Some changes to your computer components or the software may require you to reactivate the software. The software will remind you to activate it until you do.
b. The software will from time to time perform a validation check of the software. The check may be initiated by the software or VISIOLOGIX. To enable the activation function and validation checks, the software may from time to time require updates or additional downloads of the validation, licensing or activation functions of the software. The updates or downloads are required for the proper functioning of the software and may be downloaded and installed without further notice to you. During or after a validation check, the software may send information about the software, the computer and the results of the validation check to VISIOLOGIX. This information includes, for example, the version and product key of the software, any unauthorized changes made to the validation, licensing or activation functions of the software, any related malicious or unauthorized software found and the Internet protocol address of the computer. VISIOLOGIX does not use the information to identify or contact you. By using the software, you consent to the transmission of this information.
c. If, after a validation check, the software is found to be counterfeit, improperly licensed, or include unauthorized changes, the functionality and experience of using the software will be affected, for example:
ii. Check and remove malicious or unauthorized software known to be related to such unauthorized changes, or
iii. Provide notices that the software is improperly licensed or a non-genuine Windows product and
iv. You may receive reminders to obtain a properly licensed copy of the software, or need to follow HD Protech’s instructions to be licensed to use the software and reactivate, and
v. You may not be able to use or continue to use the software or some of the features of the software, or obtain certain updates or upgrades from VISIOLOGIX
vi. You may only obtain updates or upgrades for the software from VISIOLOGIX or authorized Resellers.
7. BACKUP COPY.
b. Electronic Download. If you purchased and downloaded the software online, you may make one copy of the software on a disc or other media in order to install the software on a computer. You may also use it to reinstall the software on the licensed computer.
8. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
9. NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.”
10. UPGRADES. To use upgrade software, you must first be licensed for the software that is eligible for the upgrade. Upon upgrade, this agreement takes the place of the agreement for the software you upgraded from. After you upgrade, you may no longer use the software you upgraded from.
PROOF OF LICENSE
11. Genuine Proof of License. If you acquired the software on a disc or other media, your proof of license is the genuine VISIOLOGIX product key, and your proof of purchase. If you purchased and downloaded the software online, your proof of license is the genuine VISIOLOGIX product key for the software which you received with your purchase, and your proof of purchase from an authorized electronic supplier of genuine VISIOLOGIX software. Proof of purchase may be subject to verification by your merchant’s records.
i. You may transfer the software and install it on another computer for your use. That computer becomes the licensed computer. You may not do so to share this license between computers. You must deactivate from the existing computer in order to install it on the new computer. You must have the same version of the operating system on both computers unless you purchased an upgrade license or annual maintenance agreement.
ii. You may transfer the software and install it on another computer, but only if the license terms of the software you upgraded from allows you to do so. That computer becomes the licensed computer. You may not do so to share this license between computers. You must deactivate the license from the existing computer in order to install it on the new computer. You must have the same version of the operating system on both computers unless you purchased an upgrade license or annual maintenance agreement.
b. TRANSFER TO A THIRD PARTY.
ii. You may transfer the software directly to a third party only with the licensed computer. You may not keep any copies of the software or any earlier edition.
iii. Other Requirements. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software.
12. NOTICE ABOUT THE H.264/AVC VISUAL STANDARD, THE VC-1 VIDEO STANDARD, THE MPEG-4 VISUAL STANDARD AND THE MPEG-2 VIDEO STANDARD. Some software may include H.264/AVC, VC-1, MPEG-4 Part 2, and MPEG-2 visual compression technology. MPEG LA, L.L.C. requires this notice: THIS PRODUCT IS LICENSED UNDER THE AVC, THE VC-1, THE MPEG-4 PART 2 VISUAL, AND THE MPEG-2 VIDEO PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (ii) DECODE AVC, VC-1, MPEG-4 PART 2 AND MPEG-2 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERICAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE WWW.MPEGLA.COM.
13. THIRD PARTY PROGRAMS. The software contains third party programs. The license terms with those programs apply to your use of them.
14. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
15. SUPPORT SERVICES. VISIOLOGIX provides support services for the software as described at support.visiologix.com. If you are using software that is not properly licensed, you will not be entitled to receive support services.
16. ENTIRE AGREEMENT. This agreement (including the warranty below), additional terms (including any printed-paper license terms that accompany the software and may modify or replace some or all of these terms), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
17. APPLICABLE LAW.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
18. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
19. LIMITATION ON AND EXCLUSION OF DAMAGES. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall VISIOLOGIX or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this SOFTWARE PRODUCT, even if VISIOLOGIX has been advised of the possibility of such damages.
b. anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
c. claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
d. It also applies even if
e. repair, replacement or a refund for the software does not fully compensate you for any losses; or
f. VISIOLOGIX knew or should have known about the possibility of the damages.
g. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
20. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT, and any copies of the SOFTWARE PRODUCT, are owned by VISIOLOGIX or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes, or (b) install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes.
21. LIMITED WARRANTY. VISIOLOGIX warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT and hardware, if any, are limited to ninety (90) days.
22. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. The limited warranty covers the software for 90 days after acquired by the first user. If you receive supplements, updates, or replacement software during that year, they will be covered for the remainder of the warranty or 30 days, whichever is longer. If the first user transfers the software, the remainder of the warranty will apply to the recipient.
23. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond HD Protech’s reasonable control.
24. REMEDY FOR BREACH OF WARRANTY. VISIOLOGIX will repair or replace the software at no charge. If VISIOLOGIX cannot repair or replace it, VISIOLOGIX will refund the amount shown on your receipt for the software. It will also repair or replace supplements, updates and replacement software at no charge. If VISIOLOGIX cannot repair or replace them, it will refund the amount you paid for them, if any. You must uninstall the software and return any media and other associated materials to VISIOLOGIX with proof of purchase to obtain a refund. These are your only remedies for breach of the limited warranty.
25. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your local laws, which this agreement cannot change.
26. WARRANTY PROCEDURES. You need proof of purchase for warranty service.
b. Outside United States and Canada. If you acquired the software outside the United States and Canada, contact your reseller representative or VISIOLOGIX at support.visiologix.com or email@example.com.
27. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from VISIOLOGIX. VISIOLOGIX gives no other express warranties, guarantees or conditions. Where allowed by your local laws, VISIOLOGIX excludes implied warranties of merchantability, fitness for a particular purpose and non-infringement. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
28. MISCELLANEOUS. Should you have any questions concerning this EULA, or if you desire to contact VISIOLOGIX for any reason, please contact us at:
https://www.visiologix.com or firstname.lastname@example.org
END USER LICENSE AGREEMENT
ANCILLARY SOFTWARE LIST
This software includes open source and proprietary software developed or obtained through the third parties listed in the table below. More specifically, the developed or obtained code consists of the licensed Ancillary Software listed below. Installation, copying or otherwise using the Product (as defined in the End-User License Agreement) constitutes acceptance of the Ancillary Software license terms, whether or not such terms are reviewed.
Licensed Ancillary Software Third Party Licensed Ancillary Software Description
Microsoft .NET Framework
Microsoft SQL Server
Microsoft Runtime Libraries