Elecard StreamEye Basic 4.4

EULA - End User License Agreement

ELECARD END USER LICENSE COMMERCIAL AGREEMENT

This End User License Commercial Agreement ('EULAC') is a legal binding agreement between you (in case hereby you act as individual) or your employer (in case hereby you act as employee) and Elecard Devices, CJSC, a company duly incorporated under the laws of Russian Federation with its principal offices at 3 Razvitiya Ave., Tomsk, 634055, Russia ('Elecard'). In case you act as an employee, your employer hereby should be considered as proper licensee, even if you are the only person familiar with this EULAC.

DEFINITION

1.1. For the purpose of this EULAC “Software' means all of the contents of the files, disk(s), CD-ROM(s) or other media with which this EULAC is provided, including but not limited to (i) Elecard’s or third party computer information or software; (ii) digital images, stock photographs, clip art, sounds or other artistic works; (iii) related explanatory written materials or files; and (iv) fonts;

LICENSE AND RESTRICTIONS

2.1. Upon acceptance of this EULAC Elecard authorizes you to download and to install one (1) copy of the Software. In case you wish to use multiple copies of the Software you must obtain additional licenses;
2.2. Evaluation version. In case the Software is not properly registered by you or your predecessor (previous end user), this EULAC grants you the following rights:
2.2.1. Use – You may use each copy of the Software solely for your internal evaluation, trial and testing purposes only on one (1) computer and maximum two (2) screens, attached to the computer the Software is installed on in strict compliance with the terms, stated below;
2.2.2. Copy for backup purposes – You may make one (1) copy of the Software in machine-readable form for backup purposes only. You must clearly state on such copy Elecard copyright notices and you must not transfer, sell, lease or lend such backup copy or use it for other purposes;
2.3. Registered version. In case the Software is registered by you or your predecessor (previous end user), this EULAC grants you the following rights:
2.3.1. Use – You may use each copy of the Software for your internal commercial usage on one (1) computer and maximum two (2) screens, attached to the computer the Software is installed on; For the purpose of this EULAC “Commercial usage” of and “Commercial activity” with the Software means activity in such manner that the Software is intended primarily for Licensee’s direct revenue-generating use or is intended to serve as a main resource to generate revenue for Licensee, including monitoring and testing equipment;
2.3.2. Copy for backup purposes – You may make one copy of the Software in machine-readable form for backup purposes only. You must clearly state on such copy Elecard copyright notices and you must not transfer, sell, lease or lend such backup copy or use it for other purposes;
2.3.3. Transferring in of rights - Notwithstanding to the contrary in Section 2.5.4 below you may transfer all your rights to use the Software to another person or legal entity provided that: (a) you also transfer each this EULAC, 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 EULAC;
2.4. Evaluation version. In case the Software is not properly registered by you or your predecessor (previous end user), then in addition to the restrictions, stated in the Sections 2.5.1, 2.5.2, 2.5.3, 2.5.4, 2.5.5, 2.5.6 and 2.5.7 below you also may not use the Software for purposes, other than evaluation, trial and testing purposes;
2.5. Registered version. In case the Software is registered by you or your predecessor (previous end user), then in no event will your performance of your activities with the Software be outside the scope and/or contrary to the Section 2.3, including, but not limited:
2.5.1. You may not alter, merge, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form, including but not limited to source code;
2.5.2. You may not make any modifications to the Software;
2.5.3. You may not make any copies of the Software or its related documentation for any purpose unless you fully comply with the conditions abovementioned regarding 'Copy for backup purposes';
2.5.4. You may not sell, distribute, rent, lease, sublicense or authorize all or any portion of the Software to be copied onto another user’s computer;
2.5.5. You may not unbundle the component parts of the Software for use on different computers;
2.5.6. The Software, 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;
2.5.7. In addition to any other condition or provision concerning jurisdiction or any other aspect of international law, you are also responsible for compliance with the laws of your local jurisdiction;
2.6. You should be aware that this EULAC does not comprise all the technology, or include licenses to all of the patents or other intellectual property, required to use or distribute the Software. In case the Software implements H.264 (AKA 'AVC' or 'MPEG-4 part 10') Encoder or Decoder, then this notice comes into force: THIS PRODUCT IS 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. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM; In case the Software implements MPEG-2 Encoder, then this notice comes into force: ANY USE OF THIS PRODUCT OTHER THAT CONSUMER PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA, L.L.C, 250 STEELE, SUITE 300, DENVER, COLORADO 80206; In case the Software implements MPEG-4 Visual Decoder and Encoder, then this notice comes into force: THIS PRODUCT IS LICENSED UNDER THE MPEG-4 VISUAL PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER FOR (i) ENCODING 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 TO PROVIDE MPEG-4 VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION INCLUDING THAT RELATING TO PROMOTIONAL, INTERNAL AND COMMERCIAL USES AND LICENSING MAY BE OBTAINED FROM MPEG LA, LLC. SEE HTTP://WWW.MPEGLA.COM; In case the Software implements MPEG-4 Systems Encoder then, this notice comes into force: THIS PRODUCT IS LICENSED UNDER THE MPEG-4 SYSTEMS PATENT PORTFOLIO LICENSE FOR ENCODING IN COMPLIANCE WITH THE MPEG-4 SYSTEMS STANDARD, EXCEPT THAT AN ADDITIONAL LICENSE AND PAYMENT OF ROYALTIES ARE NECESSARY FOR ENCODING IN CONNECTION WITH (i) DATA STORED OR REPLICATED IN PHYSICAL MEDIA WHICH IS PAID FOR ON A TITLE BY TITLE BASIS AND/OR (ii) DATA WHICH IS PAID FOR ON A TITLE BY TITLE BASIS AND IS TRANSMITTED TO AN END USER FOR PERMANENT STORAGE AND/OR USE. SUCH ADDITIONAL LICENSE MAY BE OBTAINED FROM MPEG LA, LLC. SEE //WWW.MPEGLA.COM> FOR ADDITIONAL DETAILS; In case the Software includes H.264/AVC CODECs YOU MAY NOT USE THEM WITH ANY OTHER SOFTWARE, EXCEPT GIVEN THE SOFTWARE;

You agree that Elecard may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. Elecard reserves its right to discontinue any Internet based services, which may be available to you in relation to the Software, at its sole discretion.

UPDATE AND UPGRADE POLICY

3.1. Elecard warrants that the Software is free of defects and will operate substantially in accordance with attendant documentation.
3.2. You are not entitled to any bug fixing or technical support services.
3.3. In case of any defects, you shall purchase an upgrade to the appropriate Elecard software from StreamEye product family as fully described on http://www.elecard.com/en/products/professional/analysis.html
3.4. Any Upgrades to the Software should be purchased separately.

TERMINATION

4.1. Evaluation version. In case of Software is not properly registered by you or your predecessor (previous end user), this EULAC and, accordingly, use of the Software shall terminate immediately without notice from Elecard upon the expiration of 30 calendar days from installation of the Software on your computer (Evaluation period). In this case you must delete or destroy the Software, the backup copy, related documentation and all copies thereof. As of the moment of this termination, you may no longer reuse the Software for any purpose without registration of the Software;
4.2. Registered version. In case the Software is registered by you or your predecessor (previous end user), then Elecard may terminate this EULAC in the event you break any provision under this EULAC. In these cases you must delete or destroy the Software, the backup copy, related documentation and all copies thereof without the refund of the amounts you paid for the Software.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

5.1. EXCEPT FOR THE SERVICE MENTIONED IN THE SECTION 3.2 ABOVE, TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAWS ELECARD MAKES NO WARRANTIES HEREUNDER TO YOU WITH RESPECT TO THE SOFTWARE AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED OR ARISING OUT OF A COURSE OF CONDUCT OR COURSE OF DEALING, INCLUDING ALL WARRANTIES OF TITLE, PERFORMANCE, USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON ¬INFRINGEMENT AND THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. ELECARD ALSO MAKES NO WARRANTY REGARDING NON INTERRUPTION OF USE. NO ORAL OR WRITTEN STATEMENT PROVIDED BY ELECARD SHALL CREATE ANY WARRANTY;
5.2. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAWS, IN NO EVENT SHALL ELECARD BE LIABLE FOR ANY LOST PROFITS, REVENUE OR BUSINESS OPPORTUNITY, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) ARISING OUT OF OR RELATED TO THE SOFTWARE, ANY PART THEREOF, THE DOCUMENTATION OR OTHERWISE RELATED TO THIS EULAC, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT THE SOFTWARE LIABILITY, OR OTHERWISE, EVEN IF ELECARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
5.3. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAWS, IN NO EVENT SHALL ELECARD’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE SOFTWARE, ANY PART THEREOF, THE DOCUMENTATION OR OTHERWISE RELATING TO THIS EULAC, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED 100% (ONE HUNDRED PERCENT) OF THE CUMULATIVE LICENSE FEE, PAID BY YOU IN ACCORDANCE WITH THE EULAC. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN;
5.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OF CERTAIN DAMAGES OR LIABILITIES, SO THE LIMITATIONS AND EXCLUSIONS SET FORTH IN SECTIONS 5.2 AND 5.3 ABOVE MAY NOT APPLY IN FULL OR IN PART.

MISCELLANEOUS

6.1. This EULAC shall be construed in accordance with and governed by the law of Russia;
6.2. This EULAC constitutes the entire agreement between you and Elecard with respect to the use of the Software and it supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. This Section may be excluded by your written agreement with Elecard. Special rules may apply to the use of certain Software, which is listed in Elecard's website and are incorporated into these EULAC by reference.
6.3. Elecard may elect to deliver the Software electronically via e-mail or internet download. Hereby you acknowledge that problems can arise during electronic data transmission and you assume all responsibility for verifying that any transmitted data is complete and correct;
6.4. As a rule, all notices, requests and demands given to or made upon the Parties shall be in writing and shall be delivered with delivery receipt. At the same time, in accordance with this EULAC some notices may be sent by the e-mail or fax. Each Party hereby acknowledges that all notices delivered under this EULAC should be addressed as follows:

Elecard Devices,CJSC
3 Razvitiya Ave., 634055
Tomsk, Russia
E-mail: sales@elecard.com

Any such notice shall be deemed received upon actual receipt;

Your use of the Software, as defined above, signifies your approval and acceptance to these terms and conditions contained in this EULAC. If you do not agree to the terms and conditions of this EULAC, you are not authorized to use the Software in any way, including but not limited to downloading, installing or copying the Software.

In case you have any questions concerning this EULAC or the Software, you may contact Elecard support team at tsup@elecard.com or visit Elecard website: https://www.elecard.com.