End User License Agreement (EULA)

READ THIS LICENSE AGREEMENT BEFORE OPENING THE DISK PACKAGE, DOWNLOADING THE SOFTWARE, INSTALLING THE SOFTWARE, OR USING YOUR SYSTEM.

THIS LICENSE AGREEMENT DEFINES YOUR RIGHTS AND OBLIGATIONS. BY BREAKING THE SEAL ON THIS PACKAGE, DOWNLOADING THE SOFTWARE, INSTALLING THE SOFTWARE, OR USING YOUR SYSTEM, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY, WITHIN 30 DAYS, RETURN THIS PACKAGE, ALL THE DOCUMENTATION, AND ALL ACCOMPANYING MATERIAL(S) TO THE POINT OF PURCHASE FOR A REFUND.

SOFTWARE LICENSE

The Software includes the computer code, programs, and files, the associated media, hardware or software keys, any printed material, and any electronic documentation. The Software may be provided to you pre-installed on a storage device (the media) as part of a system. The Software is licensed, not sold.

GRANT OF LICENSE

This agreement between Sensormatic Electronics Corporation (Sensormatic) and you permits you to use the Software you purchased. Once you have purchased the number of copies you require, you may use the Software and accompanying material provided you install and use no more than the licensed number of copies at one time. The Software is only licensed for use with specified Sensormatic supplied equipment. If the Software is protected by a software or hardware key or other device, the Software may be used on any computer where the key is installed. If the key locks the Software to a particular System, the Software may only be used on that System.

OTHER RIGHTS AND LIMITATIONS

• A demonstration or evaluation copy of the Software is considered purchased and is covered by this license agreement.
• You may not de-compile, disassemble, reverse engineer, copy, transfer, modify, or otherwise use the Software except as stated in this agreement.
• The hardware/software key, where applicable, is your proof of license to exercise the rights granted herein and must be retained by you. Lost or stolen keys will not be replaced.
• If the Software is provided as part of a System, the Software may only be used with the System.
• You may not sub-license, rent or lease the Software, but you may permanently transfer the Software to another party by delivering the original disk and material comprising the Software package as well as this license agreement to the other party. Initial use of the Software and accompanying material by the new user transfers the license to the new user and constitutes the new user's acceptance of its terms and conditions.
• The Software is not fault tolerant and may contain errors. You agree that the Software will not be used in an environment or application in which a malfunction of the Software would result in foreseeable risk of injury or death to the operator of the Software, or to others.
• Sensormatic reserves the right to revoke this agreement if you fail to comply with the terms and conditions of this agreement. In such an event, you must destroy all copies of the Software, and all of its component parts (e.g., documentation, hardware box, software key).
• The Software may contain software from third parties that is licensed under a separate End User License Agreement (EULA). Read and retain any license documentation that may be included with the Software. Compliance with the terms of any third party EULA is required as a condition of this agreement.
• The Software may require registration with Sensormatic prior to use. If you do not register the Software this agreement is automatically terminated and you may not use the Software.
• The Microsoft? Windows® Preinstallation Environment Version 1.2, Services Edition software, if included with this software or system, may be used for boot, diagnostic or recovery purposes only. NOTE: THIS SOFTWARE CONTAINS A SECURITY FEATURE THAT, IF USED AS AN OPERATING SYSTEM, WILL CAUSE YOUR DEVICE TO REBOOT WITHOUT PRIOR NOTIFICATION AFTER 24 HOURS OF CONTINUOUS USE OF THE SOFTWARE.
• UPGRADES AND UPDATES. Software Upgrades and Updates may only be used to replace all or part of the original Software. Software Upgrades and Updates do not increase the number copies licensed to you. If the Software is an upgrade of a component of a package of Software programs that you licensed as a single product, the Software may be used and transferred only as part of that single product package and may not be separated for use on more than one computer. Software Upgrades and Updates downloaded free of charge via a Sensormatic authorized World Wide Web or FTP site may be used to upgrade multiple systems provided that you are licensed to use the original Software on those systems.
• INTELLEX PLAYER. The Intellex Player Software that is exported with video clips and/or distributed via Sensormatic authorized World Wide Web site may be copied by you for use within your organization or for distribution to external parties for law enforcement, investigative, or adjudicative purposes and only to display video recorded by an Intellex system. The Intellex Player Software may not be sold. All other terms and conditions of this agreement continue to apply.
• TOOLS AND UTILITIES. Software distributed via Sensormatic authorized World Wide Web or FTP site as a tool or utility may be copied and installed without limitation provided that the Software is not distributed or sold and the Software is only used for the intended purpose of the tool or utility and in conjunction with Sensormatic products. All other terms and conditions of this agreement continue to apply.

Failure to comply with any of these restrictions will result in automatic termination of this license and will make available to Sensormatic other legal remedies.

COPYRIGHT

The Software is a proprietary product of Sensormatic and is protected by both the United States and International copyright laws.

LIMITED WARRANTY

Sensormatic warrants that the recording medium on which the Software is recorded, hardware key, and the documentation provided with it, will be free of defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery to the first user. Sensormatic further warrants that for the same period, the software provided on the recording medium under this license will substantially perform as described in the user documentation provided with the product when used with the specified hardware.

CUSTOMER REMEDIES

Sensormatic's entire liability and your exclusive remedy under this warranty will be, at Sensormatic's option, to a). attempt to correct software errors with efforts we believe suitable to the problem, b). replace at no cost the recording medium, software or documentation with functional equivalents as applicable, or c). refund the license fee and terminate this agreement. Any replacement item will be warranted for the remainder of the original warranty period. No remedy is provided for failure of the Software if such failure is the result of accident, abuse, alteration or misapplication. Warranty service or assistance is provided at the original point of purchase.

NO OTHER WARRANTIES

The above warranty is in lieu of all other warranties, express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. No oral or written information or advice given by Sensormatic, its representatives, distributors or dealers shall create any other warranty, and you may not rely on such information or advice.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES

In no event will Sensormatic be liable to you for damages, including any loss of profits, loss of data or other incidental or consequential damages arising out of your use of, or inability to use, the Software or its documentation. This limitation will apply even if Sensormatic or an authorized representative has been advised of the possibility of such damages. Further, Sensormatic does not warrant that the operation of the Software will be uninterrupted or error free. This limited warranty gives you specific legal rights. You may have other rights that vary from state to state. Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above limitations may not apply to you.

GENERAL

If any provision of the agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this agreement and shall not affect the validity and enforceability of the remaining provisions. This agreement is governed by the laws of the State of Florida. You should retain proof of the license fee paid, including model number, serial number and date of payment, and present such proof of payment when service or assistance covered by this warranty is requested.

U.S. GOVERNMENT RESTRICTED RIGHTS

The software and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraph (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Sensormatic Electronics Corporation, 6600 Congress Avenue, Boca Raton, FL, 33487.