End User License Agreement

Last updated: 3/1/2018

Please read this End User License Agreement (“License Agreement”) carefully before clicking the “I Agree”, downloading or using the Caught On Camera Application.

By clicking the “I Agree”, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

If you do not agree to the terms of this Agreement, do not click on the “I Agree” and do not download or use the Application.

Acceptance

This End-User License Agreement (“License Agreement”) is a legal agreement between you and Caught On Camera LLC. and accompanying documentation is licensed and not sold. This Software Application is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Caught On Camera or its subsidiaries, affiliates, and suppliers (collectively “Caught On Camera” own intellectual property rights in the Software Product/Application. The Licensee’s (“you” or “your) license to download, use, copy, or change the Software Application is subject to these rights and to all the terms and conditions of this End User License Agreement (“License Agreement”)

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION AND DOWNLOADING THE SOFTWARE PRODUCT/APPLICATION OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT/APPLICATION YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT/APPLICATION. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT. YOU MUST SELECT “DECLINE” AND YOU MUST NOT INSTALL. USE, OR COPY THE SOFTWARE PRODUCT/APPLICATION.

License Grant

This Agreement entitles you to install and use one c of the Software Product/Application. In addition, you may make one archival copy of the Software Product/Application. The archival copy must be on a storage medium other than a hard drive and may only be used for the reinstallation of the Software Product/Application. This Agreement does not permit the installation or use of multiple copies of the Software Product/Application, or the installation of the Software Application on more than one computer at any given time, on a system that allows shared used of applications on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy, use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of Software Product/Application. For further information regarding multiple copy licensing of the Software Product/Application, please contact:

Representatives: Caught On Camera
Address: 2193 West Chester Pike
Broomall, PA 19008
Phone Number: 1-800-700-8888
E-mail Address: admin@instanteyes.com

Caught On Camera grants you a revocable, non­exclusive, non­transferable, limited license to download, install and use the Software Application solely for your personal, non­commercial purposes strictly in accordance with the terms of this Agreement.

Restrictions

You agree not to, and you will not permit others to:

License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software Application or make the Software Application available to any third party.

Restrictions on Transfer

Without first obtaining the express written consent of Caught On Camera, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product/Application.

Restrictions on Use

You may not use, copy, or install the Software Application on any system with more than one computer, or permit the use, copying, or installation of the Software Application by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use copy, or install the Software Application on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more u or on more computers than the number permitted by license. You may not decompile, “reverse-engineer”, disassemble. or otherwise attempt to derive the source code for the Software Product/Application.

Restrictions on Alteration

You may not modify the Software Application or create any derivative work of the Software Application or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Application. You may not reproduce the database portion or create any tables or reports relating to the database portion.

Restrictions on Copying

You may not copy any part of the Software Product/Application except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.

Limited Software Product/Application Warranty

For a period of 60 days from the date of shipment or from the date that you download the Software Application as applicable, Caught On Camera warrants that when properly installed and used under normal conditions, the Software Application will perform substantially as advertised.

Limited Storage Medium Warranty

For a period of 60 days from the date of shipment or from the date that you download the Software Product/Application, as applicable. Caught On Camera warrants that when properly installed and used under normal conditions, the storage medium on which the Software Application is shipped will be free of material defects in material and workmanship.

Disclaimer of Warranties and Limitation of Liability

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY CAUGHT ON CAMERA, CAUGHT ON CAMERA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT/APPLICATION.

Modifications to Software Application

Caught On Camera reserves the right to modify, suspend or discontinue, temporarily or permanently, the Software Application or any service to which it connects, with or without notice and without liability to you.

Terms and Termination

Caught On Camera makes no warranty that the Software Application will meet your requirements or operate under your specific conditions of use. Caught On Camera makes no warranty that operation of the Software Application will be secure, error free, or free from interruption.

YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT/APPLICATION SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT/APPLICATION TO MEET YOUR REQUIREMENTS CAUGHT ON CAMERA WILL NOT, UNDER ANY CIRCUMSTANCES. BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

UNDER NO CIRCUMSTANCES SHALL CAUGHT ON CAMERA, ITS DIRECTORS EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR PUNITIVE, OR EXEMPLARY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENI DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION ORUSE OF THE SOFTWARE PRODUCT/APPLICATION, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF CAUGHT ON CAMERA OR ANY OTHER PARTY. EVEN IF CAUGHT ON CAMERA IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THA ABLE JURISDICTION LIMITS THE INSTANT ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

Limitation of Remedies and Damages

Your remedy for a breach of Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product/Application. Selection of whether to correct or replace shall be solely at the discretion of Caught On Camera. Caught On Camera reserves the right to substitute a functionally equivalent copy of the Software Application as a replacement. If Caught On Camera is unable to provide a replacement or substitute Software Application or corrections to the Software Product/Application, your sole alternate remedy shall be a refund of the purchase price for the Software Application exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Caught On Camera to have by you. All limited warranties on the are Application are granted only to you and are nontransferable. You agree to indemnify and hold Caught On Camera harmless from all claims, judgments liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

This Agreement shall remain in effect until terminated by you or Caught On Camera.

Caught On Camera may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Caught On Camera, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Software Application and all copies thereof from your mobile device or from your desktop.

Upon termination of this Agreement, you shall cease all use of the Software Application and delete all copies of the Software Application from your mobile device or from your desktop.

Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Pennsylvania, without regard to Pennsylvania’s conflict or choice of law provisions.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Amendments to this Agreement

Caught On Camera reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Information

If you have any questions about this Agreement, please contact us.

Representatives: Caught On Camera
Address: 2193 West Chester Pike
Broomall, PA 19008
Phone Number: 1-800-700-8888
E-mail Address: admin@instanteyes.com

Disclaimer: Legal information is not legal advice Read the disclaimer.