User's Manual

Librestream Onsight 1000/2000/2500 User Manual End User License Agreement
71
14 End User License
Agreement
IMPORTANT – PLEASE READ THIS
AGREEMENT CAREFULLY.
LIBRESTREAM IS WILLING TO LICENSE
THE SOFTWARE TO LICENSEES AND
ALLOW LICENSEES TO USE THE
SOFTWARE AND LIBRESTREAM
PRODUCTS ONLY UPON THE
CONDITION THAT EACH LICENSEE
ACCEPTS AND AGREES TO BE BOUND
BY ALL OF THE TERMS AND
CONDITIONS CONTAINED IN THIS
AGREEMENT.
FOR ALL INTENTS AND PURPOSES,
EACH PERSON WHO DOWNLOADS OR
INSTALLS ANY SOFTWARE, OR WHO
USES ANY OF THE SOFTWARE OR
ANY LIBRESTREAM PRODUCT, IS
DEEMED TO BE A LICENSEE, WITH
SUCH DOWNLOADING, INSTALLATION
AND/OR USE CONSTITUTING
IMMEDIATE AND AUTOMATIC
ACCEPTANCE OF ALL OF THE TERMS
AND CONDITIONS CONTAINED IN THIS
AGREEMENT, WHICH WILL BE BINDING
ON, AND ENFORCEABLE AGAINST,
THAT LICENSEE.
IF ANY POTENTIAL LICENSEE DOES
NOT AGREE TO ALL OF THESE TERMS
AND CONDITIONS, THEN
LIBRESTREAM IS NOT WILLING TO
LICENSE ANY OF THE SOFTWARE TO
THAT LICENSEE OR TO ALLOW THAT
LICENSEE TO USE ANY OF THE
SOFTWARE OR ANY LIBRESTREAM
PRODUCT. IN SUCH A CASE:
(a) DO NOT DOWNLOAD, INSTALL OR
USE ANY SOFTWARE, AND
(b) IF YOU HAVE ALREADY ACQUIRED
THE SOFTWARE, RETURN THE
SOFTWARE FOR A FULL REFUND OR,
IF THE SOFTWARE IS SUPPLIED AS
PART OF A LIBRESTREAM PRODUCT,
RETURN THAT LIBRESTREAM
PRODUCT FOR A FULL REFUND.
1. DEFINITIONS.
1.1 “Agreement” means this End User
License Agreement, including any
Schedule attached hereto.
1.2 “Computer” means any electronic
device that accepts information in digital or
similar form and manipulates it for a
specific result based on a sequence of
instructions.
1.3 “Confidential Information” means (a)
the Software and any portions,
components or sub-files thereof; (b) the
structure, sequence, internal design and
organization of the Software and the
concepts, methods of operations and ideas
disclosed therein, together with all
associated interface information; (c) any
trade secrets relating to the Software
and/or any Librestream Product; (d) any
tangible items marked "confidential" or with
a similar designation by Librestream or any
of its distributors or other representatives
or by any Third Party Licensor, and/or any
information disclosed visually or verbally
and identified by Librestream or any such
distributor or other representative as
confidential at the time of disclosure; and
(e) the terms and conditions of this
Agreement.
1.4 “Intellectual Property” means any
patents, patent rights, trademarks, service
marks, registered designs, topography and
semiconductor mask work rights,
applications for any of the foregoing,
copyrights, know-how, unregistered design
rights, trade secrets and any other similar
protected rights in any country.
1.5 “Librestream” means Librestream
Technologies Inc.
1.6 “Librestream Product” means any
product developed by or for Librestream
that incorporates any of the Software in
any manner whatsoever.
1.7 “Librestream Software” means any
software that is proprietary to Librestream
and that is not Third Party Software, and
includes in particular the Librestream
software identified in Schedule A hereto.
1.8 “Licensee” means, collectively, each
and every person who downloads, installs
and/or uses any of the Software and/or any
Librestream Product.
1.9 “party” means each of Licensee and
Librestream, and “parties” means both the
Licensee and Librestream.
1.10 “person” includes an individual, a sole
proprietor, a partnership, a corporation, a
trust, a syndicate, a joint venture and any
other business or legal entity of any nature
or kind whatsoever.
1.11 “Purchase Order” means the
purchase order or other documentary
evidence of any nature or kind whatsoever
that is related to this Agreement and that
was submitted to and accepted in writing
by Librestream.
1.12 “Software” means, collectively, the
Librestream Software and the Third Party
Software, and includes:
(a) all of the contents of the files, disk(s),
CD-ROM(s) or other media with which this
Agreement is provided or which are
installed on any Librestream Product
(including firmware) or which are made
available online by Librestream or any
Third Party Licensor including:
(i) all Librestream or Third Party
Licensor computer information or software;
an
d
(ii) any and all related
instructional or supplementary
documentation in human or machine
readable form supplied or otherwise made
available by Librestream or any Third Party
Licensor; and
(b) all Upgrades in respect of which
Licensee has paid the applicable license,
maintenance and/or support fee.
Some of the Software may require
activation – Licensees should consult the
Purchase Order, the documentation that
accompanies the Software and/or the
Librestream website at
www.librestream.com for further
i
nformation in this regard.
1.13 “Third Party Licensors” means,
collectively, those third parties who are the
respective owners of the Third Party
Software, and “Third Party Licensor”
means any such third party.
1.14 “Third Party Software” means the
software of a person other than
Librestream that is embedded with the
Librestream Software or that is otherwise
provided to a Licensee by Librestream
along with the Librestream Software.