This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single legal entity) and Vicon Industries Inc. (“Vicon”), developer of the ViconNet Software or Kollector Elite®, Kollector Pro, Kollector Force and Kollector Strike series computer system component ("HARDWARE") within which you acquired the ViconNet software herein referred to as ("SOFTWARE"). The SOFTWARE also includes associated media, printed materials, "online" or electronic documentation and Internet-based services.
By installing, copying, downloading, accessing or otherwise using the SOFTWARE, you
agree to be bound by the terms of this EULA. If you do not agree to the terms of this
EULA, you may not use the SOFTWARE, and you should promptly contact Vicon for
instructions on how to return the product(s) in accordance with Vicon’s return policies.
SOFTWARE PRODUCT LICENSE.
1. GRANT OF LICENSE.
a. Installation and Use. Vicon grants you a nonexclusive, nontransferable license to use
the SOFTWARE in executable form and accompanying documentation (the
"Documentation"), subject to the terms and restrictions set forth in this Agreement. You
are not permitted to lease, rent, distribute or sublicense (except as specified herein) the
SOFTWARE or to use the SOFTWARE in a time-sharing arrangement or in any other
unauthorized manner. Further, no license is granted to you in the human readable code of
the SOFTWARE (source code). Except as provided below, this Agreement does not
grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights
with respect to the SOFTWARE or Documentation.
Subject to the restrictions set forth herein, the SOFTWARE is licensed to be used by only
one (1) user on a single personal computer or Vicon provided HARDWARE owned by or
leased to you, for your internal use.
b. Mandatory Activation. THIS SOFTWARE CONTAINS TECHNOLOGICAL
MEASURES THAT ARE DESIGNED TO PREVENT UNLICENSED OR ILLEGAL
USE OF THE SOFTWARE. The license rights granted under this EULA are limited to
the first thirty (30) days after you first run the SOFTWARE unless you supply
information required to activate your licensed copy in the manner described during the
setup sequence (unless Vicon has activated for you). You can activate the SOFTWARE
through the use of the telephone; toll charges may apply. You may also need to
reactivate the SOFTWARE if you modify your HARDWARE.
2. NO REVERSE ENGINEERING. Modification, reverse engineering, reverse
compiling, or disassembly of the software is expressly prohibited.
3. ADDITIONAL SOFTWARE/SERVICES. The terms of this EULA apply to Vicon
updates, supplements, or add-on components of the SOFTWARE ("Supplemental
Components") that Vicon or its subsidiaries may provide to you or make available to you
after the date you obtain your initial copy of the SOFTWARE, unless other terms are
provided along with such Supplemental Components. If other terms are not provided
along with such Supplemental Components, then you will be licensed under the same
terms and conditions of this EULA.
4. SOFTWARE DEVELOPMENT KIT (“SDK”) or APPLICATION PROTOCOL
INTERFACE (API). This EULA does not grant you any rights to use the ViconNet SDK
/ API or components contained in the SOFTWARE to develop a software application that
uses ViconNet technology. If you wish to use the SDK / API to develop such an
application, you must contact Vicon, submit a written request and accept a separate
license for the SDK / API.
5. SEPARATION OF COMPONENTS. The SOFTWARE is licensed as a single
product. Its component parts may not be separated for use on more than one computer.
6. TERMINATION. Without prejudice to any other rights, Vicon may cancel this EULA
if you do not abide by the terms and conditions contained herein. In such event, you must
destroy all copies of the SOFTWARE and all of its component parts.
7. TRADEMARKS. This EULA does not grant you any rights in connection with any
trademarks or service marks of Vicon or its suppliers.
8. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in
and to the SOFTWARE (including, but not limited to, any images, photographs,
animations, video, audio, music, text and "applets" incorporated into the SOFTWARE),
the accompanying printed materials, and any copies of the SOFTWARE, are owned by
Vicon or its suppliers. The SOFTWARE is licensed, not sold. All title and intellectual
property rights in and to the content that is not contained in the SOFTWARE, but which
may be accessed through use of the SOFTWARE, is the property of the respective
content owners and may be protected by applicable copyright or other intellectual
property laws and treaties.