End User License Agreement for Avigilon Control Center Mobile 3

Effective March 13, 2017

This End User License Agreement, including Appendix “A” hereto, (the “Agreement”) between Avigilon Corporation (“Avigilon”), as licensor of the Software (as defined below), and you (being the person or other legal entity that is the end user and licensee of the Software) (“You” or “Your”) governs Your use of the Software. The term “Software” means: (a) Avigilon Control Center Mobile software and any modified versions and copies of, and upgrades, updates, and additions to, such software; and (b) any media, printed materials, and “on-line” or electronic documentation with respect to such software (the “Documentation”).

By downloading, installing, copying or otherwise using the Software, You agree to be bound by the terms of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, do not download, install, copy, or otherwise use the Software.

  1. Grant of License. As long as You comply with the terms of this Agreement, Avigilon grants You a limited use, non-exclusive license to use the Software in the manner and for the purposes described in this Agreement and the Documentation.   You acknowledge that You must use the Software only in association with an Avigilon Control Center server application that you have validly licensed from and activated with Avigilon. You may make a reasonable number of copies of the Software for purposes of backup and disaster recovery.

  2. Intellectual Property Rights. The Software is licensed, not sold, to You. The Software and any authorized copies that You make are the intellectual property of, and are owned by, Avigilon and, as applicable, its suppliers and licensors. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Avigilon and, as applicable, its suppliers and licensors. The Software is protected by law, including but not limited to the copyright laws of the United States, Canada, and other countries, and by international treaty provisions. Except as expressly stated in this Agreement, this Agreement does not grant You any intellectual property rights in the Software, and all rights not expressly granted in this Agreement are reserved by Avigilon and, as applicable, its suppliers and licensors. This Agreement does not grant You any rights in connection with any trademarks of Avigilon.

  3. Limitations and Restrictions.

    1. Copy Protections. You may not copy the Software except as set forth in this Agreement.  Any permitted copy of the Software that You make must contain the same copyright and other proprietary notices and legends that appear on or in the Software.

    2. Restrictions. You may not: (i) rent, lease, sell, sublicense, assign, lend, resell for profit, or distribute the Software or Your rights in the Software; or (ii) authorize any portion of the Software to be copied onto another person’s or legal entity’s computer, except as set forth in this Agreement. You will take reasonable steps to prevent any unauthorized copying of the Software.

    3. Local Devices. The Software may be stored and operated locally on one or more devices. You may install, use, or install and use, one copy of the Software on each of the devices. You may then use such Software in connection with operating the device on which it is installed solely in the manner set forth in any accompanying Documentation or, in the absence of such, solely in the manner contemplated by the nature of the Software.  You may designate other persons to use such Software on the devices, so long as such persons agree to this Agreement and You accept responsibility for all use of the Software by any such persons.

    4. Modifications and Derivative Works. You may not make any changes, translations, enhancements, or modifications to, or create any derivative works from, the Software or any portion of the Software without the prior written permission of Avigilon (except as provided in Section 18 of this Agreement with respect to ‘open source’ software). Any attempt to create any derivative works from the Software or any portion of the Software without the prior written permission of Avigilon (except as provided in Section 18 of this Agreement with respect to ‘open source’ software) shall result in the immediate termination of this Agreement.

    5. Reverse Engineering, Decompilation, Disassembly. You may not reverse engineer, decompile, or disassemble the Software, and any attempt to do so shall result in the immediate termination of this Agreement, except and only to the extent that such activity is expressly permitted by applicable law.

  4. Termination. Without prejudice to any other rights, Avigilon may terminate this Agreement without notice if You fail to comply with any of the terms and conditions of this Agreement.  In the event of termination, You must destroy all copies of the Software.

  5. Export Restrictions. You acknowledge and agree that the Software is subject to restrictions and controls imposed by the Export and Import Permits Act (Canada) and regulations thereunder, the United States Export Administration Act and regulations thereunder, and other applicable national and international laws and regulations relating to the export of the Software (collectively, the “Export Laws”). You agree and certify that You will not use the Software or any part or direct product thereof for any purpose in contravention of the Export Laws. 

  6. Applicable Laws. Certain jurisdictions may regulate, restrict, or otherwise prohibit the recording of audio, video, personal information, or data, or any combination of audio, video, personal information, or data. You agree that You will comply fully at all times with all international, federal, provincial, state, and local laws, regulations, and standards applicable to Your use of the Software, including in each of: (a) the jurisdiction(s) in which You use the Software; and (b) the jurisdiction(s) in which each camera, microphone, or other recording or surveillance device which provides data to You through the Software is located. 

  7. Data Transfer. Avigilon does not represent or warrant that the Software is appropriate for use in any particular jurisdiction. By using the Software, You represent that You have provided appropriate notice of, and obtained appropriate consent to, the cross-border transfer and processing of any personal information that You obtain in connection with your use of the Software, in accordance with the laws and regulations applicable to such transfers and processing.

  8. Support Services. Avigilon may provide You with support services related to the Software (“Support Services”). Any supplemental software files (either Avigilon or third party) and other computer information and related explanatory written materials and files provided to You as part of the Support Services are considered part of the Software and subject to the terms and conditions of this Agreement.

  9. Upgrades and Updates. To the extent Avigilon makes them available, Software upgrades and updates may only be used to replace all or part of the original Software that You are licensed to use. Software upgrades and updates downloaded free of charge via Google Play or the App Store may be used to upgrade multiple devices.  Upgrades and updates may be licensed to You by Avigilon with additional or different terms.

  10. U.S. Government License Rights. If the end user is the government of the United States of America or any contractor therefor, the following provision shall apply: The Software is provided to the U.S. government as commercial computer software, computer software documentation, or computer software and computer software documentation, provided with “restricted rights”, and under licenses customarily provided to the public to the extent such licenses are consistent with U.S. federal law and otherwise satisfy the U.S. government’s needs. Accordingly the U.S. government shall have only those rights specified in the license set forth in this Agreement as per FAR 12.212 (for civilian agencies) and DFAR 227.7202-1 and 227.7202-4 (for the Department of Defense). If said license fails to meet the U.S. government’s needs or is inconsistent in any respect with U.S. federal law, the U.S. government agrees to return the Software, unused, to Avigilon.

  11. Transfer. You may only transfer Your rights under this Agreement: (a) as part of a permanent sale or transfer of all of the devices for which the Software is licensed; (b) if You transfer all of the Software (including all parts, and any upgrades), and this Agreement; (c) if You do not retain any copies of any portion of the Software; (d) if the recipient agrees to the terms of this Agreement; and (e) if the Software is an upgrade, such transfer also includes all prior versions of the Software. Satisfaction of all these conditions is required; failure to meet any of these conditions renders such transfer null and void.

  12. Disclaimer. TO THE MAXIMUM EXTENT PROVIDED BY LAW, AVIGILON AND ITS SUPPLIERS AND LICENSORS PROVIDE THE SOFTWARE AND SUPPORT SERVICES “AS-IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF: (A) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, OR INFORMATIONAL CONTENT; (C) WORMANLIKE EFFORT; (D) CORRESPONDENCE TO DESCRIPTION; (E) TITLE OR NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; (F) CUSTOM OR TRADE; (G) QUIET ENJOYMENT; OR (H) SYSTEM INTEGRATION. AVIGILON MAKES NO WARRANTY THAT ANY PORTION OF THE SOFTWARE WILL OPERATE ERROR-FREE, FREE OF ANY SECURITY DEFECTS, OR IN AN UNINTERRUPTED MANNER. AVIGILON SHALL NOT BE RESPONSIBLE FOR PROBLEMS CAUSED BY CHANGES IN THE OPERATING CHARACTERISTICS OF THE DEVICE(S) UPON WHICH THE SOFTWARE IS OPERATING, OR FOR PROBLEMS IN THE INTERACTION OF THE SOFTWARE WITH NON-AVIGILON SOFTWARE OR HARDWARE PRODUCTS. AVIGILON NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON PURPORTING TO ACT ON ITS BEHALF TO MODIFY OR TO CHANGE THIS WARRANTY, NOR TO ASSUME FOR AVIGILON ANY OTHER WARRANTY OR LIABILITY CONCERNING THE SOFTWARE.  YOU MAY HAVE OTHER RIGHTS UNDER MANDATORY LAW THAT VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY.

  13. Limitation of Liability. IN NO EVENT SHALL AVIGILON OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE, COVER OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS; LOSS OF SAVINGS; LOSS OF CONFIDENTIAL OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; LOSS OF PRIVACY; LOSS OR DAMAGE OF OR TO PROPERTY, SYSTEMS, RECORDS, OR DATA; FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, THIRD PARTY CLAIMS, LIABILITIES RELATED TO AN INDIVIDUAL’S PRIVACY RIGHT,  OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY OF AVIGILON OR ANY SUPPLIER, AND EVEN IF AVIGILON OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR VERIFYING THE SECURITY, ACCURACY AND ADEQUACY OF ANY OUTPUT FROM THE SOFTWARE, AND FOR ANY RELIANCE THEREON.

    NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF AVIGILON AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR TEN CANADIAN DOLLARS (CAD$10.00).

    THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  14. Indemnity by Avigilon. Avigilon will indemnify and hold You harmless from and against any and all claims, suits or proceedings based on an allegation that the Software infringes the intellectual property rights of any third party, provided that: (a) You notify Avigilon in writing within 10 days of becoming aware of the claim, suit or proceeding; (b) Avigilon has sole conduct of the defense, settlement, or defense and settlement, of any such claim, suit or proceeding; (c) You provide all reasonably necessary assistance to Avigilon, at Avigilon’s reasonable expense, in such defense or settlement proceedings; (d) the claim does not result from any unauthorized use or modification of the Software, or from the use of the Software in conjunction with any hardware or software not supplied or approved by Avigilon; and (e) You have not made and do not make any admissions in respect of such alleged infringement.

    In the event that the Software or any part thereof becomes, or in Avigilon’s opinion is likely to become, the subject of a claim of infringement of an intellectual property right, or the use of the Software or any part thereof is enjoined as a result of any such claim, You shall permit Avigilon, at its sole option and expense, to either: (i) procure for You the right to continue using the Software; (ii) replace the affected Software with non-infringing Software; (iii) modify the affected Software so that it becomes non-infringing; or (iv) remove the affected Software and refund the purchase price thereof, less a reasonable amount for depreciation.

    Subject to Sections E and F of Appendix “A”, if applicable, the foregoing states the entire liability of Avigilon with respect to any actual or alleged infringement of any intellectual property right.

  15. Indemnity by You. You will defend, indemnify and save harmless each of Avigilon, its affiliates, and their respective directors, officers and employees from and against all actions, proceedings, demands, claims, liabilities, losses, damages, judgments, costs and expenses including, without limiting the generality of the foregoing, legal fees and disbursements actually incurred, together with all applicable taxes, which any such indemnified person under this Section 15 may be liable to pay or may incur by reason of, or directly or indirectly arising out of, any breach of this Agreement by You or any of Your directors, officers, employees, agents, or contractors, or on Your instructions.

  16. Entire Agreement. This Agreement constitutes the entire agreement between the parties, and supersedes any previous agreements between the parties, with respect to the subject matter of this Agreement. Any terms of any purchase order or other instrument issued by either party in connection with this Agreement that is in addition to or inconsistent with the terms of this Agreement shall have no force or effect unless signed by both parties. Any amendment to this Agreement shall be put in writing and signed by both parties prior to being in effect. Notwithstanding the foregoing, this Agreement may be superseded by a subsequent End User License Agreement that You agree to in connection with Avigilon’s providing to You any future component, release, upgrade or other modification or addition to the Software. For the avoidance of doubt, any agreement, including any End User License Agreement between You and Avigilon regarding the Avigilon Control Center server application, shall not be considered to be an agreement with respect to the subject matter of this Agreement and shall continue in full force and effect in accordance with its terms.

  17. Jurisdiction. This Agreement and performance under this Agreement will be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein without reference to principles of conflicts of laws, and the courts in Vancouver, British Columbia and the courts of appeal therefrom will have exclusive jurisdiction to hear any proceedings relating to this Agreement. You hereby irrevocably attorn to the jurisdiction of those courts. You expressly exclude the application of the United Nations convention on Contracts for the International Sale of Goods (the Vienna Convention, 1980).

  18. Incorporation of ‘Open Source’ and other Third Party Software. Portions of the Software may be subject to certain third party license agreements governing the use, copying, modification, redistribution and warranty of those portions of the Software, including what is commonly known as ‘open source’ software. No warranty is provided by Avigilon for any such open source software. By using the Software You agree to be bound to the terms of any such third party licenses. If provided for in the applicable third party license, You may have a right to receive source code for such software for use and distribution in any program that You create, so long as You in turn agree to be bound to the terms of the applicable third party license. If applicable, a copy of such source code may be obtained free of charge by contacting Your Avigilon representative.

  19. Collection of Data. At the time of initialization of the Software, Avigilon may collect information about the device(s) on which You have installed or will be using the Software. This information represents a configuration of Your device(s) at the time of use but includes no personal information, information about other software or data on Your device(s). Avigilon, with Your permission, uses Firebase, a product of Google Inc., to collect data regarding Your use of the Software, but Avigilon shall use this information only to improve Avigilon’s products and services. Avigilon shall not disclose this additional data in a form that personally identifies You. You may opt out of this collection of data by adjusting the “Anonymous Usage Data Collection” toggle in Your Settings.

    All data which is provided to Google will become subject to Google's privacy policy which is located here: google.com/privacy.html.  For further information on how Google's Firebase analytics tool uses data, please see the site "How Google uses data when you use our partners' sites or apps".

  20. Enurement. All covenants, representations, warranties and agreements of the parties contained in this Agreement will be binding upon and will enure to the benefit of the parties and their respective successors and assigns.

  21. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, it shall be severed and the remaining provisions shall continue in full force and effect.

  22. Non-Waiver. The waiver or failure of Avigilon to exercise in any respect any right provided in this Agreement will not be deemed a waiver of any further right under this Agreement.

  23. Compliance with Licenses. You agree that upon request from Avigilon or its authorized representative, You will, within thirty (30) days of such request, fully document and certify that Your use of any and all Software at the time of the request is in conformity with Your valid license(s) from Avigilon. You agree to use Your best efforts and to take all reasonable steps to safeguard the Software to ensure that no unauthorized person shall have access thereto and that no unauthorized copy or distribution, in any form, of the Software shall be made.

  24. Additional Restrictions. The Software may be subject to additional restrictions and conditions on use as specified in the Documentation, which additional restrictions and conditions are hereby incorporated into and made a part of this Agreement.

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Appendix “A”

If you downloaded the Software from the App Store operated by Apple Inc. (“Apple”), the following additional terms apply:

  1. You and Avigilon acknowledge that this Agreement is between You and Avigilon only, and not with Apple, and Avigilon is solely responsible for the Software.

  2. Your license granted to the Software is a non-transferable license limited to use on any Apple-branded products that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.

  3. You and Avigilon each acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.

  4. In the event of any failure of the Software to conform to any applicable warranty, You may notify Apple, and Apple will refund any purchase price for the Software to You; and to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Avigilon’s responsibility.

  5. You and Avigilon each acknowledge that Avigilon, not Apple, is responsible for addressing any claims of You or any third party relating to the Software or Your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  6. You and Avigilon each acknowledge that, in the event of any third party claim that the Software or Your possession and use of the Software infringes that third party’s intellectual property rights, Avigilon, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

  7. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

  8. Avigilon has an address at Box 378, #101-1001 West Broadway, Vancouver, BC, Canada, V6H 4E4.  You may contact Avigilon at 1.888.281.5182 or support@avigilon.com with questions, complaints or claims with respect to the Software.

  9. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon Your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof.


Glossary

ACC Version Last version of ACC tested with camera. This also implies support for later versions of ACC unless specifically listed otherwise.
Audio Input Receive audio feed from camera.
Audio Output Send audio to speaker attached to camera.
Autodiscovery Automatic discovery of camera IP address when connected within a LAN environment.
Compression Type Describes the encoding types supported for the camera.
Connection Type Describes the type of Device Driver used. Native refers to the Manufacturer's specific device driver.
Dewarping In-Client dewarping of fisheye or panoramic cameras.
Digital Input Receive Digital or Relay inputs from camera.
Digital output Trigger digital or relay outputs physically connected to a camera.
Motion Quick display of whether Motion Recording is available on for the camera.
Motion Configuration Configuration of motion detection within the ACC Client.
Motion Recording Support for motion-based recording.
PTZ Quick display of whether PTZ functionality is available for camera.
PTZ Control Basic PTZ Movement.
PTZ Patterns/Tours Ability to create and trigger either PTZ Patterns, or PTZ Tours, depending on camera support.
PTZ Presets Create and trigger PTZ Preset positions.
Unit Type Type of camera.
Verified By Organization which tested camera and reported capabilities.
Verified Firmware Specific firmware version tested.
Manufacturer Blah
Model DS-2DE2103
Connection Type ONVIF
Unit Type IP PTZ camera
Compression Types H.264

  • ACC Version
  • Model DS-2DE2103
  • Connection Type ONVIF
  • Manufacturer Blah
  • Manufacturer Blah
  • Manufacturer Blah
  • Manufacturer Blah
  • Manufacturer Blah
  • Manufacturer Blah
  • Manufacturer Blah
  • Manufacturer Blah
  • Manufacturer Blah

Verified by:

Vendor
Download Test Report