|
VIDEOMARK SDK: License agreement
The following license agreement for VIDEOMARK SDK must be signed by both parties for each purchase.
LICENSE AGREEMENT
This legal document is an agreement between ................., (“Licensee”) and Alpha Tec Ltd, 23 Papafi street, Thessaloniki 54638, Greece (“Licensor”) regarding VIDEOMARK SDK (hereinafter the “SOFTWARE”). In order to preserve and protect its rights under applicable laws, Alpha Tec Ltd does not sell any rights in its SOFTWARE. Rather, Alpha Tec Ltd grants the right to use its SOFTWARE by means of this software license agreement. Alpha Tec Ltd specifically retains title and ownership of the SOFTWARE. The license fee will be paid to Alpha Tec Ltd directly.
SOFTWARE LICENSE
1. GRAND OF LICENSE. In consideration of payment of the license fee which is a part of the price the Licensee paid for the SOFTWARE directly and its agreement to abide by the terms and conditions of this License and limited Warranty, Alpha Tec Ltd, as Licensor, grants to the Licensee, a nonexclusive right to use the SOFTWARE. Alpha Tec Ltd reserves all rights not expressly granted to Licensee.
2. The Licensee owns the magnetic or other physical media on which SOFTWARE is recorded, but an express condition of this License is that Alpha Tec Ltd retains title and ownership of the SOFTWARE recorded on the original disk copies and all subsequent copies of SOFTWARE, regardless of the form or media in or on which the original and other copies may exist. This License is not a sale of the original SOFTWARE or any copy.
3. USE RESTRICTIONS. The SOFTWARE contains a number (“Secret Key”) that is assigned by the Licensor only to the Licensee. The Licensee can use the SOFTWARE only for integrating it to its software system for the protection of intellectual property or authentication check on digital images. The Licensee is forbidden to license this integrated system containing the SOFTWARE and one Secret Key to more than one client. Any other use is explicitly forbidden. The Licensee is not allowed to distribute, sell, lease, rent, transfer copies of the SOFTWARE or accompanying written materials to others. The Licensee is expressly forbidden to modify the SOFTWARE or parts of it by reverse engineering, disassemply or other technical means. TRANSFER RESTRICTIONS. This SOFTWARE is licensed only to the Licensee and may not be transferred to anyone without the prior written consent of Alpha Tec Ltd. Any authorized transferee of the SOFTWARE shall be bound by the terms and conditions of this License and Limited Warranty. In no event may the Licensee transfer, assign, rent, lease, sell or otherwise dispose of the SOFTWARE on a temporary or permanent basis except as expressly provided herein.
4. DISCLAIMER OF WARRANTY AND LIMITED WARRANTY. The Licensee asserts that he knows well the performance, capabilities and technical limitations of the SOFTWARE and asserts that the performance is sufficient for Licensee’s goals as described in clause (3). The Licensor does not provide any further guarantee for the use of the SOFTWARE and he is not liable for any direct or indirect or consequential damage or loss of profit by the Licensee. THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. FURTHER, ALPHA TEC LTD DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE , OR THE RESULTS OF THE USE OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY THE LICENSEE. IF THE SOFTWARE OR WRITTEN MATERIALS ARE DEFECTIVE THE LICENSEE AND NOT ALPHA TEC LTD OR ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Alpha Tec Ltd warrants to the Licensee that the disk(s) on which the SOFTWARE is recorded is free from defects in materials and workmanship for a period of 90 days from the shipping date. Alpha Tec Ltd’ entire liability and Licensee’s exclusive remedy is the replacement of the defective disk. THE ABOVE IS THE ONLY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT IS MADE BY ALPHA TEC LTD ON THIS PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ALPHA TEC LTD, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND THE LICENSEE MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. NEITHER ALPHA TEC LTD NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) ARISING OUT OF THE USE OR INABILITY OF USE SUCH PRODUCT EVEN IF ALPHA TEC LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. TERMINATION. The License is effective until terminated or after the end of the duration of use set forth in clause 4. This License will terminate automatically without notice from Alpha Tec Ltd if the Licensee fails to comply with any provisions of this License. Upon termination, the Licensee will destroy the written materials and all copies of this SOFTWARE, including modified copies, if any. No paid license fees are returned to the Licensee for any reason.
6. MISCELLANEOUS. This License is governed by the laws of Greece and shall benefit Alpha Tec Ltd, its successors and assigns. The Licensee consents to the jurisdiction of the Greek courts.
|
SDK License Agreement »
| Platform Availability |
 |
Microsoft Windows 95/98/Me/NT 4.0/2000/XP |
|
E-mail this page
|
Print this page
Overview