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End-User License Agreement for
Milestone's Software embedded in
JVC KENWOOD's NVR products
This license agreement is a legally binding agreement among you ("You", either an individual or a single entity),
Milestone Systems A/S ("Milestone") and JVC KENWOOD Corporation ("JVC KENWOOD") for the software product
embedded in JVC KENWOOD's Network Video Recorder ("NVR") products ("Software"), which may include associated
software components, media, printedmaterials, and online or electronic documentation, if any.
By using JVC KENWOOD's NVR product incorporating the Software, you agree to be bound by the terms of this
agreement.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property
laws and treaties. Note that the Software is licensed, not sold.
1.
Grant of Use.
Milestone hereby grants You the right to use the Software on JVC KENWOOD's NVR products.
2.
Copyright.
All title, including but not limited to copyrights, in and to the Software and any copies thereof are owned by Milestone. All rights not
expressively granted are reserved by Milestone.
3.
No Warranties.
Milestone and JVC KENWOOD expressly disclaims any warranty for the Software. The Software and any related documentation
is provided Aas is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of
merchantability, fitness for a particular purpose or non-infringement. The entire risk and liability arising out of use or performance
of the Software remains with You as the user. You are notified that the Software, when used with certain equipment or other
software, may enable You to perform surveillance actions and data processing which are likely to be restricted by or contrary to
applicable law, including without limitation data privacy and criminal law. The sole responsibility for verification of Your use against
compliance with applicable law lies with you as the user.
4.
Limitation of Liability.
The provisions of this paragraph are in effect to the maximum extent permitted by applicable law. In no event shall Milestone, JVC
KENWOOD or their suppliers be liable for any special, incidental, indirect, or consequential 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 the Software or the provision of or failure to provide proper support, even if
Milestone or JVC KENWOOD have been advised of the possibility of such damages. Absent any wilful misconduct or gross
negligence, the entire liability of Milestone and JVC KENWOOD under any provision of this agreement shall be limited to the
amount paid by you for the Software portion of JVC KENWOOD's NVR product.
5.
Miscellaneous.
(a)
You acknowledge that the Software is embedded in JVC KENWOOD's NVR products, and You may not make copies of the
Software. If necessary for backup and archival purposes, please contact JVC KENWOOD.
(b)
You may not remove the Software from JVC KENWOOD's NVR product nor distribute copies of the Software to third parties.
(c)
You may not reverse engineer, decompile, or disassemble any of the Software except to the extent permitted by applicable
law which cannot be contractually waived.
(d)
You may permanently transfer all of Your rights for the Software, provided the recipient of JVC KENWOOD's NVR product
incorporating the Software agrees to the terms of this agreement.
6.
Termination.
Without prejudice to any other rights, Milestone may terminate this license agreement if You fail to comply with its terms and
conditions. In such event you must cease to use the Software.
7.
Governing Law.
These License Terms and the contract are governed by Japanese law and the sole and proper venue for the settlement of
disputes hereunder shall be the Tokyo District Court.
VR-X3200U/VR-X1600U (nachfolgend „das Gerät") enthält Windows Embedded Standard 7 (nachfolgend „die Software"), von
der Microsoft Corporation an die JVC KENWOOD Corporation (JVC KENWOOD), lizenziert. Um das Gerät und die Software
verwenden zu können, müssen Sie den nachfolgenden Lizenzbedingungen von Microsoft zustimmen.
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