End user agreement for CamTrack 2
CamTrack® Copyright © 2004-2008 by DigitalPeers, All rights reserved.
THIS SOFTWARE DOES NOT INSTALL ANY “SPYWARE”, “ADWARE” OR MONITORING SOFTWARE OF ANY KIND. NO INFORMATION IS SHARED WITH OR RELEASED TO ANY OUTSIDE PARTIES OR DIGITALPEERS PARTNERS.
Your Agreement to this License
Please read the license terms below. If you do not agree to all of the terms and conditions of this License, then do not use, install, copy, distribute, or transmit CamTrack.
This License only applies to the executable code for the English-language copy of CamTrack software and any accompanying distributable files, data and materials ("CamTrack"). You should carefully read the following terms and conditions before using, installing, copying, distributing, or transmitting this software. By using, installing, copying, distributing, or transmitting CamTrack, you agree to all of the terms of this license agreement ("License").
Refer to www.digitalpeers.com for information about pricing, and registration options.
Warranty Disclaimers and Liability Limitations
CamTrack, and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. Neither DigitalPeers nor any of its affiliates or licensors warrant, guarantee, or make any representations regarding the use of, or the results of the use of, CamTrack. Neither DigitalPeers nor any of its affiliates or licensors warrant that the operation of CamTrack will be uninterrupted or error-free. Further, you hereby assume the entire risk of all use of the copies of CamTrack covered by this License. This disclaimer of warranty constitutes an essential part of this License.
Except to the extent expressly prohibited by applicable statutes, DigitalPeers, its affiliates or licensors shall not be liable for any damage or financial loss arising out of the use of, or inability to use, CamTrack. Any liability of DigitalPeers, its affiliates or licensors will be limited exclusively to refund of any license or registration fee paid to DigitalPeers. Except to the extent expressly prohibited by applicable statutes, in no event shall DigitalPeers, or its principals, shareholders, officers, employees, affiliates, licensors, contractors, subsidiaries, or parent organizations, be liable for any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating to the use of CamTrack, or to your relationship with DigitalPeers, its affiliates or licensors (including, without limitation, loss or disclosure of data or information, loss of profit, revenue, business opportunity or business advantage, or business interruption), whether based upon a claim or action of contract, warranty, negligence, strict liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of the possibility of such damages.
In addition, in no event does DigitalPeers authorize you or anyone else to use CamTrack in applications or systems where CamTrack's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of property, or loss of life. Any such use is entirely at your own risk, and you agree to hold DigitalPeers, its affiliates or licensors harmless from any and all claims or losses relating to such unauthorized use.
CamTrack contains material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by DigitalPeers. You may not remove any proprietary notice of DigitalPeers from any copy of the Software or Documentation.
CamTrack is not free software. Subject to the terms in this License, you are hereby licensed by DigitalPeers to use for evaluation purposes only one (1) copy of CamTrack, on one (1) computer or workstation, without charge, for an unlimited evaluation period. If you want to use this software for any purpose other than for the purpose of evaluation, a license fee is required. Refer to www.digitalpeers.com for license pricing, and ordering options. Use of CamTrack for other purposes than evaluation without payment of the license fee is outside the scope of this License and a violation of U.S. and international copyright laws.
For purposes of the foregoing, an "exact copy" of CamTrack means a file that is identical, at the time you create the copy, to the CamTrack distribution file available at http://www.digitalpeers.com.
Subject to all of the terms of this License, you may, without making any payment to DigitalPeers:
a. give exact copies of CamTrack personally and without charge of any kind to anyone for evaluation purposes only, subject to the terms of this License, using tangible media of any kind or via e-mail (but not in a bulk mailing or through unsolicited bulk e-mails);
b. distribute exact copies of CamTrack for evaluation purposes only, subject to the terms of this License, if done exclusively by allowing downloads through the public Internet and without charge of any kind; and
c. make as many exact copies of CamTrack as you wish, for purposes of distribution as described in (a) and (b) above.
You are specifically prohibited from charging, or requesting donations, for any distributed copies, however made, or from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from DigitalPeers. Also, you are specifically prohibited from charging, or requesting donations, for providing access to any hyperlink or other method that allows a user to create or transfer electronically copies of CamTrack.
DigitalPeers reserves the right to revoke any or all distribution rights at any time, for any or no reason.
You may not give, transfer or sell copies of CamTrack to your customer(s), or any third party, in whole or in part, nor include copies of CamTrack, in whole or in part, in, or with, products you sell.
You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software, nor shall you attempt to create the source code from the object code for the Software. You may transfer the Software to other computers you own as long as you only use it on one computer at a time.
CamTrack, including, without limitation, the information included in its accompanying distributable files, data and materials and any related activation code and registration code files or information, and the know-how embodied in CamTrack, is confidential and trade secret information (the "Proprietary Information") that is proprietary to and solely owned or licensed by DigitalPeers, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit DigitalPeers and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes or registration code files, to any third party nor use such Proprietary Information except as authorized by this License. The obligations under this paragraph shall survive any termination or cancellation of the License.
You acknowledge that the Software contains proprietary trade secrets of DigitalPeers and you hereby agree to maintain the confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the terms and conditions of this Software License Agreement to those persons employed by you who come into contact with the Software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Program for the purpose of deriving the source code of the Program or defeating the Key.
This license agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from the state of Israel of the software or information about such software which may be imposed from time to time by the government of the state of Israel. You shall not export the software, documentation or information about the software and documentation without consent of DigitalPeers and compliance with such laws, regulations, orders, or other restrictions.
This License Agreement is effective until it is terminated. You may terminate this License Agreement at any time by destroying or returning to DigitalPeers all copies of the Software and Documentation in your possession or under your control. DigitalPeers may terminate this License Agreement for any reason, including, but not limited to, if DigitalPeers finds that you have violated any of the terms of this License Agreement. Upon notification of termination, you agree to destroy or return DigitalPeers all copies of the Software and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Software License Agreement.
This License Agreement shall be construed, interpreted and governed by the laws of the state of Israel without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate court sitting in the state of Israel. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably affect the intention of the parties.
Any waiver by DigitalPeers of any violation of this License by you shall not constitute, nor contribute to, a waiver by DigitalPeers of any other or future violation by you of the same provision, or any other provision, of this License. You acknowledge and agree that monetary damages alone would not be an adequate remedy in the event of a material breach by you of your obligations or agreements under this License and that, in such event, DigitalPeers or any of its affiliates shall be entitled to injunctive relief to require you to comply with its obligations hereunder. Any remedy available under this License shall be cumulative and not exclusive of any other remedy available DigitalPeers or any of its affiliates under this License, at law or in equity.