User's Manual

MicroPower Technologies
1-877-536-0128 | micropower.com
36
MicroPower Technologies
END-USER LICENSE AGREEMENT
for IP SECURITY SYSTEM SOFTWARE AND/OR FIRMWARE
IMPORTANT - READ CAREFULLY
This End User Soware License Agreement (this “EULA”) is a legal agreement between you, the individual or enty that has agreed to pay for the rights granted
herein (“Licensee”), and MicroPower Technologies, Inc., a Delaware corporaon (“MPT”). This EULA governs Licensee’s possession and use of the Soware and the
Documentaon (each as dened below).
BY CHECKING AND/OR CLICKING “I ACCEPT” OR A SIMILAR BOX OR BUTTON ASSOCIATED WITH THIS EULA AT THE BEGINNING OF THE SOFTWARE DOWNLOAD,
INSTALLATION, OR ACTIVATION PROCESS, BY INSTALLING ANY OF THE SOFTWARE, BY ACTIVATING ANY OF THE SOFTWARE WITH ANY ASSOCIATED LICENSE KEY, OR BY
USING ANY OF THE SOFTWARE, LICENSEE AGREES TO ALL OF THE TERMS AND CONDITIONS IN THIS EULA. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS AND
CONDITIONS IN THIS EULA, LICENSEE MUST NOT INSTALL, ACTIVATE, OR USE ANY OF THE SOFTWARE, AND LICENSEE MUST NOT CHECK AND/OR CLICK “I ACCEPT”
OR ANY SIMILAR BOX OR BUTTON ASSOCIATED WITH THIS EULA DURING THE SOFTWARE DOWNLOAD, INSTALLATION, OR ACTIVATION PROCESS. IF LICENSEE
DOES NOT AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS EULA, LICENSEE MAY RETURN THE UNUSED SOFTWARE FOR A FULL REFUND, PROVIDED THAT
LICENSEE’S RIGHT TO RETURN THE UNUSED SOFTWARE FOR A FULL REFUND EXPIRES THIRTY (30) DAYS AFTER THE PURCHASE OF THE SOFTWARE FROM MPT OR A
MPT-AUTHORIZED RESELLER OR DISTRIBUTOR, AND APPLIES ONLY IF LICENSEE IS THE ORIGINAL END USER PURCHASER.
1. DEFINITIONS. As used herein, the following terms shall have the following meanings:
1.1. “Documentaon” means any and all end user documentaon provided by MPT in connecon with the Soware, and all
Updates thereto.
1.2. “Factory Installed Soware” means Soware that is installed by MPT on a MPT hardware product prior to delivery of that
MPT hardware product to Licensee, and all Updates thereto. Factory Installed Soware may include, without limitaon, TrustLinx rmware, and certain third party
le server programs.
1.3. “GPL Soware” refers to certain open source soware that MPT may provide to Licensee in connecon with a MPT hardware
product, including but not limited to the Linux soware provided by MPT in connecon with the MPT-C20S, MPT-C20S-IR, MPT-H10HA, MPT-H10AO products.
GPL Soware is provided by MPT to Licensee solely under the terms of the GNU General Public License, Version 2, June 1991 (the “GNU GPL”), a copy of which
accompanies this Agreement. Consistent with the requirements of the GNU GPL, MPT will provide a complete machine-readable copy of the source code for GPL
Soware for a charge of no more than MPT’s cost of physically performing such distribuon, provided that such copy is requested within three (3) years following
Licensee’s receipt of the corresponding GPL Soware from MPT.
1.4. “Remote Soware” means Soware that is meant to be installed on Licensee’s own hardware and that is not installed by MPT or a MPT reseller on a MPT
hardware product prior to delivery of that MPT hardware product to Licensee, and all Updates thereto. Remote Soware may include, without limitaon, MPT’s Web
Interface or GUI program.
1.5. “Soware” means all soware and rmware that accompanies this EULA, all copies thereof, all media associated therewith, and all Updates thereto; provided
that the term “Soware” does mean any soware or other materials for which a separate end user license agreement is provided (including but not limited to the
GPL Soware).
1.6. “Updates” means any and all updates, upgrades, new releases, modicaons, and/or supplements that may be provided by MPT from me to me, whether
through an online download process or otherwise.
1.7. “Use” means to install, store, load, execute, and display one copy of the Soware on one device at a me for Licensee’s internal business purposes.
2. LICENSE GRANTS.
2.1. Soware. Subject to all terms and condions in this EULA, MPT hereby grants to Licensee a limited, revocable, non exclusive, non sublicenseable license to:
(a) Use Factory Installed Soware, only in object code form, and only on the MPT hardware products that are purchased by Licensee and that contain such soware
when rst delivered to Licensee, provided that Licensee may not use Factory Installed Soware in connecon with any IP video cameras or IP video camera
subsystems that were not purchased from MPT, and provided further that
(i) MPT-C20S rmware may only be used with the MPT-C20S specied in the corresponding invoice;
(ii) MPT-C20S-IR rmware may only be used with the MPT-C20s-IR specied in the corresponding invoice
(iii) MPT-H10HA rmware may only be used with the MPT-H10HA specied in the corresponding invoice.
(b) Use Remote Soware, only in object code form, and only on the number of Licensee computers for which Licensee has purchased a license (as specied in the
corresponding invoice).
2.2. Documentaon. Subject to all terms and condions in this EULA, MPT hereby grants to Licensee a limited, revocable,
non-exclusive, non-sublicenseable license to copy and use the Documentaon to the limited extent reasonably necessary to support
Licensee’s permissible Use of the Soware.
3. OWNERSHIP. Licensee acknowledges and agrees that MPT, its suppliers, and/or its licensors, as applicable, own and shall retain all rights, tle, and interest in and
to the Soware and the Documentaon, including but not limited to all patents, trademarks, trade names, invenons, copyrights, know how, trade secrets, and
other intellectual and industrial property rights (and any corresponding applicaons or registraons) related to the Soware or the Documentaon. MPT’s suppliers
and licensors are intended beneciaries under this EULA and independently may protect their rights in the Soware and the Documentaon in the event of any
infringement or breach of this EULA.
4. RESERVATION OF RIGHTS. Licensee acknowledges and agrees that the Soware and the Documentaon have been licensed to Licensee pursuant to the terms
and condions of this EULA, and that the Soware and the Documentaon have not been sold to Licensee. MPT and its suppliers and licensors reserve all rights not
expressly granted herein. Licensee shall not use or copy the Soware or the Documentaon except as is expressly authorized in this EULA. Licensee acknowledges
and agrees that the Soware and the Documentaon are protected by United States copyright laws and internaonal treaty provisions. Except as otherwise
expressly provided herein, Licensee must treat the Soware and the Documentaon like any other copyrighted material. Licensee shall not knowingly take any acon
that would cause the Soware or the Documentaon to be placed in the public domain.
5. RESTRICTIONS.
5.1. Usage Restricons. Licensee shall not permit any person other than Licensee’s employees and authorized agents to possess
or use the Soware or the Documentaon, and Licensee shall cause all such employees and authorized agents to abide by all terms and condions imposed upon
Licensee herein. Licensee may not exceed the number of licenses, agents, ers, nodes, seats, or other Use restricons or authorizaons agreed to and paid for by
Licensee. Licensee shall not use the Soware to operate nuclear facilies, life support, or any other mission crical applicaon where human life or property may
be at stake, and Licensee understands that the Soware is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or
severe property or environmental damage for which MPT and its suppliers and licensors are not responsible. Some Soware may require license keys or contain
other technical protecon measures. Licensee acknowledges that MPT may monitor Licensee’s compliance with Use restricons and authorizaons, remotely or
otherwise. If MPT makes a license management program available which records and reports Soware usage informaon, Licensee agrees to appropriately install,
congure, and execute such license management program beginning no later than one hundred and eighty (180) days from the date it is made available to Licensee
and connuing for the period that the Soware is used.
5.2. No Transfer. Licensee may not, and agrees that it will not, transfer, assign, rent, lease, lend, resell, or in any way distribute or transfer the Soware or the
Documentaon (or any rights in this EULA, the Soware, or the Documentaon) to any third pares, including by operaon of law, without MPT’s prior wrien
approval, payment to MPT of any applicable fees, and compliance with applicable third party terms. Upon any approved transfer of this EULA, Licensee’s rights
hereunder will terminate and Licensee will immediately deliver the Soware, the Documentaon, and all copies thereof to the transferee. The transferee must agree
in wring to the terms of this EULA and, upon such agreement, the transferee will be considered the “Licensee” for purposes of this EULA. Licensee may transfer
Factory Installed Soware only upon transfer of the associated MPT hardware product.
5.3. No Reverse Engineering; No Modicaon. To the maximum extent permied by applicable law, Licensee shall not reverse engineer, disassemble, decrypt, or
decompile the Soware, or otherwise aempt to discover, reconstruct, or idenfy the source code for the Soware or any user interface techniques, algorithms,
logic, protocols, or specicaons included, incorporated, or implemented therein. Furthermore, to the maximum extent permied by applicable law, Licensee shall