©
2001 Hangzhou Hikvision Digital Technology Co., Ltd.
with its all subsidiaries.
All rights reserved.
End User License
Agreement
IMPORTANT: This End User
License Agreement (EULA) is a legal agreement between you (“End-user” or “you”)
and Hangzhou Hikvision Digital Technology Co., Ltd. with its all subsidiaries
(“Hikvision” or “we”). your authorized
use of Hikvision
software will be only
granted after and only
after you agreement
to be bound by the terms of this Eula.
therefore, Please
carefully read this EULA before installing or using the Hikvision
Software.
please read these terms carefully. if you
do not agree with these terms, do not
download, install or use hikvision software. you are agreeing to
accept and abide by them by downloading, installing or using hikvision software.
1.
Definition
1.1 Intellectual Property Right(s) means
copyright, trademark, patent, know-how, trade secret, mask works, including all
applications and registrations thereto, and any other similar protected rights
in any jurisdiction.
1.2 Hikvision Hardware
means any hardware device that designed, produced, or manufactured by Hikvision,
which may be embedded Hikvision Software.
1.3 Hikvision Software means
any computer program(s) that created and written by Hikvision, including but
not limited to firmware, client software, platform software and mobile
application, which is either provided in a hard copy, or embedded in Hikvision
Hardware, or available to be downloaded from Hikvision’s website, or in any
other applicable form. For avoidance of dispute, it does not include any
updates.
1.4 Trial Period
means the period during which you may have a free but more limited license to
use some or all functions of Hikvision Software within a one-month period or
agreed otherwise, for and only for evaluation of Hikvision Software.
2.
Grant
of License
Subject to your compliance with the
terms of this EULA, Hikvision grants to you a worldwide, non-exclusive,
non-transferable, limited license to use Hikvision Software, subject to this terms,
Privacy Policy and other applicable rules, incorporated into this EULA. Except
other stipulated expressly, no rights with respect to the Hikvision Software
are granted to you.
3.
Limitation;
Restrictions
3.1 Except
as expressly set out in this EULA or as permitted by any local law, you agree:
a)
Not to duplicate or copy Hikvision
Software except where such copying is incidental to normal use or where it is
necessary for the purpose of back-up or operational security;
b)
Not to rent, lease, sub-license, loan,
translate, merge, adapt, vary or modify Hikvision Software;
c)
Not to make alterations to, or modifications
of, the whole or any part of Hikvision Software, or permit Hikvision Software
or any part of it to be combined with, or become incorporated in, any other programs;
d)
Not to disassemble, decompile, reverse engineering
or create derivative works based on the whole or any part of Hikvision
Software, or attempt to do any such activities, except and only to the extent
that such activity is expressly permitted by applicable law notwithstanding
this limitation;
e)
To maintain Hikvision’s copyright notice
on all entire and partial copies;
f)
Not to provide or otherwise make
available Hikvision Software in whole or in part (including object and source
code) in any form to any person without our prior written; and
g)
To comply with all technology control or
export laws and regulations if applicable.
3.2
As end user, you acknowledge that you have no
right to:
a)
Use Hikvision Software in any unlawful manner,
for any unlawful purpose, or in any manner inconsistent with this EULA, or act
fraudulently or maliciously, for example, by hacking into or inserting
malicious code, including viruses, or harmful data, into Hikvision Software;
b)
Infringe our intellectual property rights or
those of any third party in relation to your use of Hikvision Software;
c)
Transmit any material that is defamatory,
offensive or otherwise objectionable in relation to your use of Hikvision
Software;
d)
Use Hikvision
Software in a way that could damage, disable,
overburden, impair or compromise Hikvision’s system or security, or interfere
with other users;
e)
Collect or harvest any information or
data from Hikvision Software; or
f)
Use Hikvision Software for any illegal
purpose.
3.3
(if applicable)
Provided that you are a user of Hikvision Platform Software, you are required
to create an account, then this provision is
applicable. You represent and warrant that: (i) all required registration
information you submit is truthful, accurate and complete, (ii) you will
maintain the accuracy, security, and confidentiality of such information, and
(iii) you will be fully responsible for any and all user logs under your
account. You have no right to transfer your account to third party in any
manner, which includes sharing your password with others. Hikvision
is not liable for any loss or damages arising from your failure to maintain the
confidentiality of your account. You agree to notify Hikvision immediately of
any unauthorized access to or use of your account or any breach of security.
3.4 (if applicable) Provided
that you would like to try out Hikvision Software, the provision is applicable.
To avoid any doubts and disputes, this provision prevails if any conflicts with
other provisions in this Agreement. Except the prior written consent of Hikvision,
Hikvision hereby grants you a non-transferable, royalty free, limited license
to use some designated software functions within the trial period, for and only
for internal evaluation purpose. You also acknowledge that you have no access
to Hikvision Software after trial period.
3.5
Provided
that you breach this EULA, Hikvision has rights to take any actions, including
without limitation, interrupt or limit your use and seek for legal remedies.
4
Privacy
Provided that your use of Hikvision Software access to the Internet, please
also review the Privacy Policy, which describes Hikvision’s practices regarding
the information that Hikvision may collect from you during your use. By clicking
“I agree” button, you hereby consent to all actions we may take with respect to
your information consistent with our Privacy Policy.
5
Intellectual Property
Except as expressly licensed to you under this EULA, Hikvision reserves
all right, title and interest, including without limitation, all Intellectual Property
Rights, in and to Hikvision Software, such as wording, picture, graph, flash,
recording, picture recording, music, add-in program, additional material, data,
know-how, software, source code and among others, and with its Derivative Works.
You have no rights in Hikvision Software and any materials
other than the right to use each of them in accordance with this EULA. For
avoidance of dispute, no license is granted with respect to any patents
(including pending
patent applications), trademarks, logo, or name of Hikvision or its
Affiliate(s).
6
Limited Warranty
6.1
Hikvision warrants that Hikvision Software will, when
properly used and on an operating environment, for which it was designed,
perform substantially in accordance with the functions as described in your
version. Hikvision will use our reasonable endeavors to rectify the defect or
fault if any defect or fault reported by end-users. The above warranty is in
addition to your legal rights in relation to the use of software.
6.2
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, OR ANY CONTENTS,
SERVICES OR FUNCTIONS RELATED TO THE SOFTWARE, IS PROVIDED “AS IS”, WITH ALL
FAULTS AND ERRORS, AND HIKVISION MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY.
6.3
Hikvision Software might include open source software and/or others
provided by the third party, therefore you have duty to comply with all related
licensing terms applicable to the said software, and Hikvision has no warranty
obligation.
6.4
You acknowledge that Hikvision Software has not been developed to meet
your individual requirement and that it is therefore your responsibility to
ensure that the facilities and functions of Hikvision Software meet your
personal requirements.
6.5
The warranty does not apply if you breach any terms of this EULA.
Hikvision Software is not warranted to be compatible with all environments.
Hikvision is not responsible for the failure which is caused by the mixed use
with other software besides Hikvision Software.
7.
Limitation of Liability
7.1
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HIKVISION SOFTWARE
IS PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE” WITH ALL FAULTS
AND ERRORS. EXCEPT PROHIBITTED BY THE APPLICABLE LAW, IN NO EVENT WILL
HIKVISION, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR
ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING, AMONG
OTHERS, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF
DATA OR DOCUMENTATION, BODY INJURIES, PRIVACY LEAKAGE AND AMONG OTHERS, IN
CONNECTION WITH THE USE OF THIS SOFTWARE, EVEN IF HIKVISION HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
7.2
YOU ARE ABLE TO SET CERTAIN FEATURES TO MEET YOUR OWN REQUIREMENTS, BUT
PLEASE NOTED THAT YOU SHALL BE RESPONSIBLE THE WHOLE RISKS OF YOUR USE. TO THE
MAXIMUM EXTENT UNDER THE APPLIABLE LAW, HIKVISION SHALL NOT UNDERTAKE ANY
LOSSES CAUSED BY YOUR USE OR NON-USE.
7.3
YOUR USE OF ANY SOFTWARE THAT CAN
BE CONNECTED TO THE INTERNET OR OTHER ELECTRONIC NETWORK SHALL BE WHOLLY AT
YOUR OWN RISK. AS NOTED, HIKVISION DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES
WITH RESPECT TO SUCH SOFTWARE. HIKVISION WILL NOT BE RESPONSIBLE FOR ABNORMAL
OPERATION, LOSS OF PRIVACY, OR OTHER DAMAGES THAT MAY RESULT FROM CONNECTING
THE SOFTWARE TO THE INTERNET OR OTHER ELECTRONIC NETWORK, INCLUDING BUT NOT
LIMITED TO DAMAGES FROM MALWARE, VIRUSES, COMPUTER INTRUSIONS, DATA BREACH OR
CYBER ATTACK, OR ANY OTHER SECURITY RISK.
HIKVISION WILL, HOWEVER, PROVIDE TECHNICAL SUPPORT IF REQUIRED.
7.4
YOU MAY NEED THIRD PARY SERVICE FOR THE PERFORMANCE OF THIS SOFTWARE.
HIKVISION MAKE NO WARRANTY, INCLUDING WITHOUT LIMITATION, THE SAFETY, ACCURACY
AND VALIDITY. THEREFORE, HIKVISION IS NOT RESPONSIBLE FOR THE ABOVE PROBLEMS,
BUT WILL PROVIDE TIMELY TECHNICAL SUPPORT IF REQUIRED.
7.5
HIKVISION MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR
ACCESSED THROUGH HIKVISION SOFTWARE, AND HIKVISION
WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE,
LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH HIKVISION SOFTWARE.
7.6
SURVEILLANCE, DATA PROTECTION, AND PRIVACY LAWS VARY BY JURISDICTION AND
MAY IMPOSE CERTAIN RESPONSIBILITIES ON YOUR USE OF HIKVISION SOFTWARE. YOU
ACKNOWLEDGE AND AGREE THAT YOU (AND NOT HIKVISION) WILL BE RESPONSIBLE FOR
ENSURING THAT YOU COMPLY WITH APPLICABLE LAWS WHERE YOU LIVE AND THAT HIKVISION
SHALL NOT BE LIABLE IN THE EVENT THAT HIKVISION SOFTWARE IS USED FOR ILLEGAL
PURPOSES, INCLUDING, WITHOUT LIMITATION: FAILURE TO COMPLY WITH NOTICE AND
CONSENT LAWS; INFRINGEMENT OF THIRD PARTY RIGHTS; USE IN CONNECTION WITH
MEDICAL TREATMENT, OR OTHER SITUATIONS WHERE HIKVISION SOFTWARE FAILURE COULD
LEAD TO DEATH OR PERSONAL INJURY.
7.7
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
HIKVISION’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO HIKVISION
SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
EXCEED THE FEES ACTUALLY PAID BY YOU TO HIKVISION OR HIKVISION’S AUTHORIZED
RESELLER FOR HIKVISION SOFTWARE IN THE PRIOR 6 MONTHS (IF ANY) IMMEDIATELY
PRECEDING THE DATE OF THE MOST RECENT CLAIM. THIS LIMITATION IS CUMULATIVE AND
WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
HIKVISION DISCLAIMS ALL LIABILITY OF ANY KIND OF HIKVISION’S LICENSORS AND
SUPPLIERS.
8
Termination
Hikvision may terminate this EULA immediately with written notice if you
violate any term or condition of this EULA. Upon termination of this EULA, i)
all rights granted to you under this EULA shall cease immediately; ii) you
shall immediately cease all activities authorized under this EULA, including
without limitation, the use of any and all Hikvision Software, and delete or return
to Hikvision all Hikvision Software of any copies thereof and related materials
and certify to Hikvision that you have done so. The provisions of this
paragraph of this EULA and any other material provisions of this EULA shall
survive any termination of this EULA.
9
Notice
If you wish to contact us in writing, or if any condition in this EULA
requires you to give us notice in writing, please send us an email at support@hikvision.com.
We will confirm receipt of said email by contacting you by email.
10
Miscellaneous
10.1
Should any part or provision of this EULA be held unenforceable or in
conflict with the law of any jurisdiction, the validity of the remaining parts
or provisions shall not be affected by such holding.
10.2
A waiver of any breach of any provision of this EULA shall not be
construed as a continuing waiver of other breaches of the same or other
provisions of this EULA.
10.3
Hikvision reserves the right to make changes to this EULA over time and
the new version will be displayed at www.hikvision.com. Continued use of
Hikvision Software following new version released will indicate your
acknowledge and agreement to be bound by the revised terms. You are expected to
check this page from time to time so you are aware of any changes, as they are
binding on you.
10.4
This EULA constitutes the entire agreement and understanding between the
parties and supersedes all prior agreements and understandings with respect to
the subject matter of this EULA whether written or oral, including any and all
purchase orders to the extent that they are inconsistent with this agreement.
No modification or claimed waiver of any of the provisions hereof shall be
valid unless in writing and signed by authorized representatives of the party
against whom such modification or waiver is sought to be enforced.
10.5
The validity and interpretation of this EULA shall be governed by the laws
of P.R. China. Each Party hereby irrevocably submits to the non-exclusive
jurisdiction of the courts in Hangzhou, China.