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Licence

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Jose Robles
Copyright
© © All Rights Reserved
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0% found this document useful (0 votes)
19 views4 pages

Licence

Uploaded by

Jose Robles
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 4

IMPORTANT: PLEASE READ THIS DOCUMENT CAREFULLY.

If you acquired this software ("the software") directly from IndigoVision Limited ("IndigoVision"),
then you will already have received a copy of the following Agreement from IndigoVision (as part
of IndigoVision's standard terms and conditions of business). The following Agreement sets out
the terms on which IndigoVision is willing to license the use of this software to you. If you
acquired this software directly from IndigoVision, then by ticking the check box below you are
agreeing (if you have not already agreed to IndigoVision's standard terms and conditions of
business) to be bound by and will become a party to the following Agreement with IndigoVision. If
you do not agree and have not already agreed to all of the terms of the following Agreement,
please do not tick the check box below, do not install and/or use the software and contact
IndigoVision ([email protected]) for information on the return of this software and a
refund.
If you acquired this software from another supplier then you should already have been provided
with a copy of the following Agreement by that supplier. If you have not already received a copy
of the following Agreement, please contact IndigoVision at [email protected] specifying
the supplier of the software and the date of supply. IndigoVision thanks you in anticipation for
your assistance in this connection. If you acquired this software from another supplier, then by
ticking the check box below you are consenting to (i) the transfer by the supplier to you of the
following Agreement and (ii) to be bound by the following Agreement. If you do not consent to the
transfer of the following Agreement to you and do not agree to all of the terms of the following
Agreement, please do not tick the check box below, do not install and/or use the software and
contact your supplier for information on the return of this software and a refund.
LICENSE AGREEMENT
LICENSE - This Agreement sets out the terms on which IndigoVision is willing to license the use
(on a non-exclusive basis and in executable form only) of the software to you. IndigoVision's
management software (including Camera Gateway, Control Center, Mobile Center or Windows
NVR-AS) or any IndigoVision NVR-AS server may only be used by you in conjunction with
cameras / encoders in respect of which license keys (per camera / encoder) have been
purchased from IndigoVision. IndigoVision’s Advanced Video Analytics software is licensed
separately from its management software and additional license keys (per camera / encoder)
must be purchased from IndigoVision to use that Advanced Video Analytics software with such
cameras / encoders. IndigoVision’s integration modules are licensed separately from its
management software and additional license keys (per integration module) must be purchased
from IndigoVision to use that integration module with IndigoVision management software. The
licence keys purchased to use cameras / encoders or integration modules with IndigoVision
management software or Advanced Video Analytics software are stapled to the device (whether
an encoder, camera, IndigoVision NVR-AS server or licensing dongle for any Windows NVR-AS
or Mobile Center server or integration module installation) on which the relevant licensing key is
installed.
LICENSE RESTRICTIONS – The following licensing restrictions apply: (a) your use of our
Control Center software is limited to such number of computers as may be agreed with us; (b) the
number of mobile devices which may be used in connection with Mobile Center server is limited
by licensing dongle; (c) our Ultra 5K camera is not licensed for use (and you shall not use it) in
connection with traffic law enforcement (including, without limitation, as a red light or speed or
section control camera and / or for toll collection); and (d) Enterprise or Large Enterprise NVR-AS
4000 servers are only licensed for use with their preinstalled software and, to the fullest extent
permitted by law, the Customer is prohibited from: (i) installing and using any other software on
such servers (unless supplied by IndigoVision); and (ii) accessing or using desktop functions on
such server other than through, in support of, and operating as a part of the preinstalled software.
Nothing in these Conditions constitutes, nor is it intended to constitute, a license (express or
implied) of any of IndigoVision's software development kits. Any supply by IndigoVision of
software development kits shall be governed by IndigoVision's separate terms and conditions for

I0521.1 27143453 2 ST
the supply of software development kits. On occasion, third party software is bundled along with
IndigoVision's software (for example, the Meinberg NTP service). Bundled third party software is
licensed only on the terms set out in the third party software license in respect of that software
(copies of which are available from IndigoVision) and no warranties or undertakings are given by
IndigoVision in respect of such third party software. Save as expressly permitted by this
Agreement, you may not: (i) sub-license or otherwise permit any third party to use the software;
(ii) modify, reverse engineer, decompile or create derivative works based on the software; (iii)
copy or make unlicensed use of the software; (iv) rent, lease, timeshare, grant a security interest
in or otherwise transfer rights to the software; or (v) remove any proprietary notices or labels on
the software. Nothing in this Agreement affects any rights that you may have under any
legislation implementing the E.C. Council Directive on the Legal Protection of Computer
Programs or any analogous/similar law. The software license confers no title to or ownership of
the software and all ownership rights remain with IndigoVision or its third party suppliers. You
may: (i) make only one copy of the executable version of the software solely for backup or
archival purposes; and (ii) only otherwise copy the software when copying is an essential step in
the authorised use of the software. The software is a "commercial item," consisting of
"commercial computer software" and "commercial computer software documentation," and all
U.S. Government end users acquire the software with only the rights contained in this Agreement.
UPGRADES - You will ordinarily only be entitled to receive upgrades in respect of this software if
and for so long as you continue to maintain a Software Upgrade Plan with IndigoVision in respect
of this software. The license that applies to the original software shall also apply to any such
upgrade. Exceptionally, in the absence of a then current Software Upgrade Plan, IndigoVision
may agree to supply an upgrade to you at a price then to be determined by IndigoVision.
FFMPEG – Certain of IndigoVision’s software uses code of http://www.ffmpeg.org which is open
source software and subject to the terms of the GNU Lesser Public License (version 2.1) – see
http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html. Copies of the source code in respect of
that library are freely available from IndigoVision.
MPEG-4 – Certain of IndigoVision's software enables users to encode and/or decode video in
accordance with parts of the MPEG-4 standard (being the standard specified in the document
entitled "ISO/IEC 14496" published by the International Organization for Standardization, as the
same is amended and supplemented from time to time) (including, without limitation, the MPEG-4
visual standard or the AVC standard). Any use of software in a manner which would infringe any
intellectual property rights subsisting in respect of all or any part of the MPEG-4 standard is
specifically prohibited and is not licensed by IndigoVision. If the relevant software supports the
encoding of video in compliance with the MPEG-4 visual standard, then those products are
licensed under the MPEG-4 visual patent portfolio license for the personal and non-commercial
use of a consumer for: (i) encoding of video in compliance with the MPEG-4 visual standard
("MPEG-4 video") and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged
in a personal and non-commercial activity and/or was obtained from a video provider licensed by
MPEG LA LLC to provide MPEG-4 video. If the relevant software supports the encoding of video
in compliance with the AVC standard, then those products are licensed under the AVC patent
portfolio license for the personal use of a consumer or other uses in which it does not receive
remuneration to: (i) encode video in compliance with the AVC standard ("AVC video") and/or (ii)
decode AVC video that was encoded by a consumer engaged in a personal activity and/or was
obtained from a video provider licensed to provide AVC video. No license is granted or shall be
implied for any other use. In particular, you will indemnify IndigoVision against any and all claims,
losses, damages and costs (including legal expenses) suffered or incurred by IndigoVision in
connection (whether directly or indirectly) with any use by you of the software which constitutes or
is alleged to constitute an infringement of any intellectual property rights subsisting in respect of
all or any part of the MPEG-4 standard.
MAPPING – Certain of IndigoVision’s software enables users to view MapQuest OpenStreetMap
tiles, usage of which is governed by MapQuest’s Terms of use. Data © OpenStreetMap
contributors. Tiles Courtesy of MapQuest .

I0521.1 27143453 2 ST
WARRANTIES - If you acquired this software directly from IndigoVision, then IndigoVision
warrants that upon delivery and for a period of 12 months from delivery the software will, during
normal usage, substantially conform with IndigoVision's specification for the software. If you
acquired this software from another supplier, then you should contact that supplier in the first
instance in connection with warranty cover. IndigoVision shall not be liable for a breach of the
foregoing warranty: (i) unless you give written notice of the defect to IndigoVision before the
expiry of the warranty period; (ii) if you alter or attempt to repair the software; (iii) if the defect
arose (a) because you abused, misused or damaged the software or failed to install and use the
latest version of the software supplied by IndigoVision or otherwise failed to follow IndigoVision's
instructions as to the storage, installation, configuration, use or maintenance of the software
and/or (b) as a result of a power surge, fire, flood or other external cause; and/or (iv) if
IndigoVision terminates this Agreement. Subject to the above, in the event of a breach of
warranty, IndigoVision shall, at its option: (i) either replace or repair the defective software; or (ii)
refund the amount paid by you for the defective software. If you acquired this software directly
from IndigoVision, then IndigoVision also warrants that it is entitled to grant the software license.
IndigoVision shall not be liable for a breach of the immediately foregoing warranty unless you give
IndigoVision control over the conduct and settlement of all negotiations and/or litigation arising
from any claim by a third party that IndigoVision is not entitled to grant the software license.
Subject to the above, in the event of a breach of the immediately foregoing warranty, IndigoVision
shall, at its option: (i) procure for you the right to continue using the software in accordance with
the software license; (ii) modify/replace the software so that you can continue to use the software
in accordance with the software license; or (iii) refund the amount paid by you for the infringing
software. Any replacement software or any repaired software will be warranted for the unexpired
portion of the warranty period. You agree that this Agreement sets out your sole remedies and
IndigoVision's sole liabilities in the event of a breach of any of the warranties set out in this
Agreement. To the fullest extent permitted by applicable laws, IndigoVision disclaims all implied
representations, warranties and obligations in respect of the software. You acknowledge and
agree that in entering into the Agreement you do not rely upon and shall have no remedy in
respect of any statement or representation (whether negligently or innocently made) by
IndigoVision other than as expressly set out in this Agreement as a warranty. Nothing however in
the Agreement shall operate to limit or exclude any liability for fraud.
LIMITATIONS & EXCLUSIONS OF LIABILITY - IndigoVision's liability for all losses, damages,
costs, fees or expenses arising from: (i) all breaches by IndigoVision of the Agreement or any
other obligation owed by IndigoVision to you in connection with the Agreement and/or the
software; and (ii) any negligent act or omission by IndigoVision in connection with the Agreement
and/or the software, shall in no event exceed the amount actually paid to IndigoVision by you for
the software. In no event shall IndigoVision have any liability to you for: (i) any indirect or special
loss arising from any breach by IndigoVision of the Agreement or any other obligation owed by
IndigoVision to you in connection with the Agreement and/or the software or any negligent act or
omission by IndigoVision in connection with the Agreement and/or the software, even if the loss
was within IndigoVision's contemplation; (ii) any loss, damages, costs, fees or expenses arising
from any negligent or innocent misrepresentation by IndigoVision in connection with the
Agreement and/or the software (other than as set out as a warranty in this Agreement); or (iii) any
punitive damages. Nothing in the Agreement shall however operate to limit or exclude
IndigoVision's liability in respect of: (i) death or personal injury arising from any breach of duty or
negligence of IndigoVision; or (ii) any loss, damages, costs, fees or expenses arising from
IndigoVision's fraud. The provisions of this condition shall survive the expiry or termination of the
Agreement.
TERMINATION - IndigoVision may terminate this Agreement at any time after you shall have
breached this Agreement or otherwise infringed IndigoVision's (or its third party supplier's) rights
in the software.
GENERAL - IndigoVision may freely transfer and/or sub-contract any or all of its rights and/or
obligations under this Agreement. References in the Agreement to IndigoVision include, in

I0521.1 27143453 2 ST
substitution, its transferees. Each right or remedy of IndigoVision under the Agreement is without
prejudice to any other right or remedy of IndigoVision whether under the Agreement or otherwise.
Any delay by IndigoVision in the exercise of any right is not a waiver of that right. The Agreement
may only be varied in writing signed by a duly authorised officer of IndigoVision. If any provision
(or any part of a provision) of the Agreement is or becomes illegal, invalid or unenforceable in any
jurisdiction, that shall not affect: (i) the legality, validity or enforceability in that jurisdiction of any
other provision (or any other part of that provision) of the Agreement; or (ii) the legality, validity or
enforceability in any other jurisdiction of that or any other provision of the Agreement. The
Agreement shall be governed by and construed in accordance with the Law of Scotland. You
hereby agree, for the exclusive benefit of IndigoVision, that the Scottish courts shall have
jurisdiction as regards any claim, dispute or matter arising out of or relating to the Agreement and
its implementation and effect. Nothing however in this Agreement shall limit the right of
IndigoVision to take proceedings against you in any other court of competent jurisdiction, nor
shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings
in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such
other jurisdiction.
THANK YOU FOR TAKING THE TIME TO CAREFULLY READ THIS DOCUMENT.

I0521.1 27143453 2 ST

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