END USER LICENSE AGREEMENT
The present End User License Agreement (hereinafter Agreement) is a legal document concluded between the end user - a natural person or a legal entity (hereinafter User) - and Satellite Innovation Limited Liability Company (Satellite LLC, hereinafter Copyright Holder).
The Agreement regulates the legal relationship between the User and the Copyright Holder as regards the utilization of the Eocortex software (hereinafter Eocortex software).
ACCEPTING THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT BY PRESSING THE RELEVANT BUTTON “I AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT” BELOW OR BY DOWNLOADING, INSTALLING, ACTIVATING OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE PRESENT AGREEMENT, UNDERSTOOD ITS SUBJECT MATTER, AND UNDERTAKE TO ABIDE BY ITS TERMS.
If you do not agree with any terms and conditions stated below, Satellite LLC will not be able to grant you the license for using the Eocortex software. Tick the checkbox “I do not accept the terms and conditions of the agreement” to exit the installation program.
We care about your confidentiality. Some components of the software envisage sending or receiving data in the course of its usage. Your login data and other information are subject to our Data Protection and Cookies Policy. By accepting the terms and conditions of the present Agreement and by using the software, you accept that the Copyright Holder has the right to collect, use and disclose data as it is stipulated in our company policy. To obtain more detailed information, see the complete Data Protection and Cookies Policy: https://eocortex.com/privacy-and-cookies-policy
If you represent a legal entity, the Satellite LLC grants you the right to assign a particular person from your organization to be responsible for the usage and administration of the software in accordance with the same limitations that are in force for the individual users.
Satellite LLC is entitled to unilaterally modify the Data Protection and Cookies Policy partially or fully without any preliminary coordination with the User. All the changes come into effect the day after their publication on the web site https://eocortex.com/. The User undertakes to keep track of the modifications of the Data Protection and Cookies Policy at its own discretion by reviewing the most recent version.
1. General Information and Provisions
1.1. Eocortex software (hereinafter Eocortex software or Product) is the software designed for building video surveillance systems of any scale, providing reception, retransmission, archiving and playback of video data and other information received from video surveillance cameras, as well as for processing, intelligent analysis and transformation of this data.
1.2. The product consists of the server, client and additional components. It can be supplied in various versions; the versions of the supplied product are referred to as Product Types.
1.2.1. The server components of the Product are server software for a distributed network video surveillance system. The server components allow receiving, relaying and archiving video data coming from video cameras, as well as performing intelligent analysis, processing and transformation of this data.
1.2.2. The client components of the Product are the software that represents network client applications of a distributed video surveillance system. The client components allow viewing video data received from the video cameras in real time, playing back the video archive, as well as using other features of the Product, including setting up the functional capabilities of the product.
1.2.3. Additional Product components are software and data that are neither server nor client components. The additional components of the product include, among other things, a number of services hosted on the infrastructure of the Supplier and providing individual functional capabilities of the Product. The additional components are used only if the End User has purchased a version of the Product with the functional capabilities that use these components.
1.2.4 The Product Types are different versions of the same Product with different functional capabilities. The following product types exist: ML, LS, ST, Enterprise, ULTRA.
1.3. Device: a hardware system (physical or virtual) on which product components intended for use on the given type of devices can be launched.
1.4. Server part: a set of server components deployed and functioning on one Device.
1.5. License Package: a set of functional capabilities of a copy of the Product, the right to which is granted in accordance with the purchased license. Different License Packages may be provided to different Users, in particular, containing a different total number of processed video surveillance cameras, a different composition of available video analytics modules with a different number of cameras that use each of the available video analytics modules.
1.6. Product License Protection Key: secret information (and also, when using a USB key, a carrier of this information) that provides the User with access exclusively to the functionality of the Product that is provided for in the License Package this key is intended for. The Product can use two types of Product License Protection Keys: USB Keys and Software Keys. License Protection Keys of the Product are deployed on the Devices on which the Server components of the Product are executed. Only one Product License Protection Key can be used on one Device. The use of two keys on one Device is not allowed, regardless of the type of keys (USB keys or Software keys) and the licensing arrangement (Local or Floating licensing) used on them.
1.6.1. USB Key is a Product License Protection Key that is connected to the USB port of the Device. The USB key functions as a Product License Protection Key only after the Activation procedure for this key has been completed. The USB key can be transferred from one Device to another; in this case, it will cease to function as the Product License Protection Key on the Device it is extracted from, and activation of this key will be required on the Device to which it is transferred.
1.6.2. Software Key is a Product License Protection Key that is deployed on a Device. The Software Key is created on the Device by the software component of the Product when the Key Activation procedure is performed. Once created, the Software Key cannot be transferred to another device.
1.6.3. Product License Protection Key Activation Code is a special character string used to activate the Product License Protection Key, regardless of the type of key (USB key or Software key) and licensing arrangement (Local or Floating licensing) used on it. Each Product License Protection Key can be activated only once. Each Activation Code is bound to a specific License Protection Key of the Product and can be used to Activate only the given key.
1.6.4. Activation of the Product License Protection Key: a procedure performed by the special components of the Product that results in writing the secret information used for protecting the Product license to the USB key, or in creating a Software Protection Key for the Product.
1.6.5. License File: a file used either to modify the information in the Product License Protection Key (in particular, when purchasing additional features of the Product), or to activate the Product License Protection Key when the Device with the Product License Protection Key deployed on it does not have access to the global network (Internet).
2. Software Licensing Model
2.1. Software Licensing Principle: one Server Side of the Product per one Device.
2.2. A separate copy of the Server Side of the Eocortex software is installed on each Device, requiring a separate Product License Protection Key for its operation.
2.3. Each Activation Code ties to a specific Product License Protection Key and compares this key with the part of the functional capabilities of the Product included in the License Package that will be available to the end user who utilizes this key.
2.4. Once created, the Software Key cannot be transferred to another Device.
2.5. The USB key can be installed on different Devices, but not simultaneously.
2.6. There are two Product licensing arrangements: Local Licensing and Floating Licensing.
2.6.1. Local Licensing is a method of license protection where restrictions on the use of the functional capabilities of the Product stored on the Product License Protection Key apply only to the Server Components of the Product located on the same Device where the Product License Protection Key itself is located.
2.6.2. Floating Licensing is a method of license protection where restrictions on the use of the functional capabilities of the Product stored on the Product License Protection Key are available to Server Components of the Product located on other Devices in the same network as the Device where the Product License Protection Key itself is located.
2.6.3. Local Key is a Product License Protection Key used for Local Licensing.
2.6.4. Network Key is a Product License Protection Key used for Floating Licensing.
2.6.5. To license the Server Side of the Product on one Device, it is possible to use the Network Key located on another device and available from the first device over the data transfer network.
2.7. The client components of the Product can be installed and used on the number of Devices provided for by the License Package.
2.8. Distribution Packages of the Product and its components, as well as the relevant documentation, are openly available at https://eocortex.com/ and can be freely downloaded by the end user.
3. Scope of Rights to Use the Eocortex Software
3.1. In accordance with the present agreement, the Copyright Holder (licensor) grants the User (licensee) the rights to use the Software under the terms of a simple (non-exclusive) license mentioned in the present Agreement. The exclusive rights to the Eocortex software are reserved to the Copyright Holder.
3.2. The Copyright Holder grants the user the right to utilize the Eocortex Software for the intended purposes (Item 1.1): to install, launch and run the Software.
3.3. The terms and conditions of the present agreement are also applicable to the third-party software included into the Software. The utilization of such third-party software is regulated by the license agreements concluded between the Copyright Holder and the third parties.
3.4. The present agreement does not grant the User any rights related to the trademarks or brand names owned by the Copyright Holder.
3.5. The Copyright Holder reserves the right to include or exclude functional capabilities, software updates, improvements and upgrades of the Eocortex software, as well as any new versions of the Eocortex software. The new versions of the Eocortex software may contain error rectifications and/or new and improved sets of features. At that, some of the features or functional capabilities existing in the previous versions may be removed or modified.
3.6. The present Software is protected by the copyright laws and provisions of the international agreements. Consequently, the User must treat the Software in the same way as it treats other materials protected by the copyright laws.
3.7. The Copyright Holder is not under obligation to provide the User with any corrections of errors, other versions of the Software, Software upgrades, error-free Software versions and/or Eocortex Software updates.
3.8. Should the Software updates be provided by the Copyright Holder, the usage of any such updates will only be possible subject to the availability of a valid license and the consent with the provisions of the present Agreement.
3.9. The Copyright Holder reserves the right to integrate software protection into the Eocortex software intended for confirming the fact that the Software is being utilized in accordance with the current legislation and the contractual obligations. The abovementioned means of protection may process the data connected with the utilization of the Eocortex software and register the number of copies of the Eocortex software.
3.10. The Copyright Holder reserves the right to use the license management software in order to control the use of the Software.
4. User Obligations
4.1. The User undertakes to observe all the technical constraints built into the Eocortex software that allow to use it only as stipulated in the relevant documentation provided to the User in accordance with Item 2.8 of the present Agreement.
4.2. The User undertakes not to perform the following actions with the Eocortex software:
- try to bypass the technical constraints built into the Eocortex software
- publish the Eocortex software allowing other entities to copy or distribute it in any way;
- modify, customize, translate to other languages, integrate Eocortex software with other software without an express consent of the Copyright Holder sent by facsimile or email with the acknowledgement of receipt;
- disassemble, decompile (perform reverse engineering of the Eocortex software) or perform any other actions that may result in obtaining the source code of the Software;
- remove alphanumeric identifiers, trademarks, logos, copyright notices or other marks of distinction present on a copy of the Software and/or on the corresponding media;
- copy the Software with the knowingly removed or broken internal protection mechanism;
- utilize the Software to the extent beyond the limits stipulated in the present Agreement;
- use Eocortex software in any way and for any purposes violating any applicable legislation, human rights or rights of any third party.
- otherwise violate the copyright and property rights of the Copyright Holder (Licensor).
5. User rights
5.1. The User has the right to utilize the Eocortex software in all the circumstances provided that the provisions of the present Agreement and the legislation of the country where the User is located are not violated.
5.2. The User has the right to utilize the Eocortex software on the territory specified in the license or sublicense agreement.
6. User Responsibility
6.1. The User is liable towards the Copyright Holder for the violation of Items 4.1 and 4.2 of the present Agreement.
In case of a violation, the User undertakes to indemnify the Copyright Holder for losses (both direct and consequential), as well as for any profits lost due to the breach of the contractual terms, in their entirety.
The amount of the damages and lost profits is determined by the Copyright Holder unilaterally on the basis of the accounting documents and certificates. The contestation of the amount of damages is to be carried out thru legal proceedings only.
6.2. The User shall settle its disputes with the third parties connected with the usage of Eocortex software at its own discretion. The liability related to the disputes with the third parties cannot be applied to the Copyright Holder in a recourse action.
7. Limitation of Liability
7.1. The Copyright Holder will not be liable towards the User or any third parties for the following:
- consequential, incidental, special and indirect damages occurred as a result of the utilization of the Eocortex software by the User;
- loss of profit, lost earnings, lost sales, lost data, expenses for purchasing replacement products or services resulting from the utilization of the Eocortex software by the User;
- property damage, personal injury, suspension of activity, loss of commercial information, as well as other actual, direct, consequential, incidental, financial damages resulting from the utilization of the Eocortex software;
- other direct and consequential damages occurred due to any reason independent of their connection with the present Agreement, with the violation of the civil legislation, negligence, legal relationships in dispute, or circumstances originated from the use or inability to use the Software.
7.2. The Copyright Holder shall not be liable for publication or usage by the User of any personal data of the third parties.
7.3. The maximum amount of the aggregate liability of the Copyright Holder towards the User cannot exceed the amount paid to the former by the latter for the rights to utilize the Eocortex software.
7.4. The Eocortex software is provided “AS IS” in accordance with the accepted international practices. It means that the Copyright Holder accepts no responsibility for the issues occurring during the installation, update, support and operation of the Software, including the issues related to the compatibility with other software products, such as components, drivers etc.; nor is the Copyright Holder responsible for the problems arising from the varying interpretations of the accompanying documentation, from the discrepancy between the user expectations and the actual results of the utilization of the Software, etc. The User must understand that it bears full responsibility for any adverse effects attributable to the conflicts or incompatibility of the Software with other software installed on the same User device.
7.5. The Copyright Holder will not compensate the User for the losses incurred due to the utilization and/or the inability to utilize the Software, for the disclosure of the information to the third parties resulting from the utilization of the Software, and other losses directly or indirectly connected with the utilization and/or the inability to utilize the Software, including the loss of profits.
8. Payment for the Rights of Utilization
8.1. The Copyright Holder does not require any additional payments from the User for the utilization of the Eocortex software, apart from the published price or the cost of the rights of use connected with the utilization of the License Package of the Eocortex software legally purchased by the User. The Copyright Holder reserves the right to collect a fee for the subsequently provided rights to utilize other License Packages of the Eocortex software.
8.2. All the rights for the improvements, upgrades and corrections concerning the Eocortex software are the property of Satellite LLC even if they were developed on the basis of the feedback, ideas and suggestions coming from the User in any form. The User is not entitled to any kind of compensation, including royalties, for such improvements.
9. Protection of the Transferred Rights
9.1. The User will not dispute the rights of the Copyright Holder nor contribute to such disputing for the entire duration of the present agreement.
9.2. The User shall notify the Copyright Holder of any cases of abuse or misuse of the Software by the third parties on the territory of validity of the present agreement as soon as such cases become known to him.
10. Validity of the Agreement
10.1. The present agreement comes into effect at the moment of installing, copying, loading or any other usage of the Eocortex software on a condition that the Eocortex software has been installed by the User.
10.2. The present agreement has no expiration date.
10.3. The User rights are terminated immediately and without any preliminary notification by the Copyright Holder in case the User has violated any provisions of the present Agreement. In such a case, the User shall immediately delete the Eocortex software from the physical devices or systems where it was installed.
10.4. In case of termination of the present Agreement, the User shall stop using the Eocortex software. Further utilization of the Eocortex software after the termination of the present Agreement will be considered counterfeit and in violation of the exclusive rights of the Copyright Holder for the Eocortex software. In this case, the measures of protection of the exclusive rights of the Copyright Holder will be implemented, and the liability for their violation stipulated in the legislation of a country where the license for the Eocortex software was purchased will ensue.
10.5. The Copyright Holder reserves the right to make modifications to the present License Agreement at any time without notifying the User. Such changes shall take effect on the date stipulated by the Copyright Holder.
11. Settlement of Disputes
11.1. Should any disputes between the Copyright Holder and the User dealing with the issues mentioned in the present agreement or in connection with it occur, the parties shall take all the necessary measures to resolve them thru negotiations among themselves.
11.2. In case of inability to reach an agreement in the course of the negotiations, the concerned party shall issue its written claim signed by an authorized person within 14 (fourteen) days from the date of completion of the negotiations. The claim shall be sent by the means of communication that ensure the registration of its sending and receiving (certified mail, courier service, etc.), or handed out to the other Party against an acknowledgement.
11.3 The claim shall be accompanied with the documents that substantiate the demands made by the concerned Party (if the other Party has no demands), and the documents that certify the authority of the person who signed the claim. The abovementioned documents must be provided in the form of the properly authenticated copies. The claim sent without the documents certifying the authority of the person who signed it will be regarded as not issued and will not be considered.
11.4 The party that received the claim shall review it and notify the concerned party in writing about the results of the review of the claim within 14 (fourteen) calendar days from the date of its receipt.
11.5 In case it is impossible to settle the dispute using the complaint procedure stipulated in Items 11.2-11.4, the dispute in question shall be brought to court at the jurisdiction of the Copyright Holder.