End-user license agreement
END-USER LICENSE AGREEMENT
This End-User License Agreement ("AGREEMENT") is a legal agreement between YOU (either an individual or a single entity) as LICENSEE and ARH Informatics Company Limited by Shares ("ARH"), for the use of CARMEN Number Plate Recognition Software or Passport Reader Software identified below, which includes computer software with the associated media and printed materials and "online" or electronic documentation, hereinafter referred to as the "SOFTWARE PRODUCT" or "SOFTWARE".
By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this AGREEMENT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and provisions.
1. GRANT OF LICENSE
In consideration of the license fee ARH, as LICENSER grants you, the LICENSEE the following rights:
i. You may use one copy of the SOFTWARE identified above on a single computer. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage device) of that computer. However, installation on a network server for the sole purpose of internal distribution to one or more other computer(s) shall not constitute "use" for which a separate license is required, provided you have a separate license for each computer to which the SOFTWARE is distributed.
ii. Solely with respect to electronic documents included with the SOFTWARE, you may make an unlimited number of copies (either as hardcopy or in electronic form), provided that such copies shall be used only for internal purposes and are not re-published or distributed to any third party.
If the SOFTWARE is an upgrade, you may use or transfer the SOFTWARE only in conjunction with the upgraded product. You may use the upgrade and the upgraded product only in accordance with this AGREEMENT.
The SOFTWARE is licensed, not sold. As the LICENSEE, you own the magnetic or other physical media on which the SOFTWARE is originally or subsequently recorded, but ARH retains full title and ownership to the SOFTWARE itself, regardless of the form or media in/on which it may exist.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by ARH. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either
(i) make one copy of the SOFTWARE solely for backup or archival purposes or
(ii) install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials supplied with the SOFTWARE PRODUCT.
5. OTHER RIGHTS AND LIMITATIONS
i. Limitations on Reverse Engineering, Decompilation, and Disassembly: You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT in any case by any means.
ii. No Separation of Components: The SOFTWARE PRODUCT is licensed as a single product and neither the software programs comprising the SOFTWARE PRODUCT or any UPDATE may be separated for use by more than one user at a time.
iii. Rental: You may not rent or lease the SOFTWARE PRODUCT.
iv. Software Transfer: You may permanently transfer all of your rights under this AGREEMENT, provided that you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all components, parts, the media and printed materials, any upgrades, this AGREEMENT, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this AGREEMENT. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
6. OTHER COMPONENTS
SDK (Software Development Kit): In addition to the license granted in Section 1, ARH grants you the right to use and modify the source code version of those portions of the SOFTWARE which are identified as SDK SAMPLE CODE and located in the appropriate subdirectory on the SOFTWARE's CD-ROM.
You may not distribute the SDK SAMPLE CODE or any modified version of the SDK SAMPLE CODE in source code form.
UTILITIES: In addition to the license granted in Section 1, ARH grants you the right to use and modify the source code version - if any - of those portions of the SOFTWARE which are identified as UTILITIES and located in the appropriate subdirectory on the SOFTWARE's CD-ROM.
You may not distribute the UTILITIES or any modified version of the UTILITIES in source code form.
If you redistribute the components described above, you agree:
i. to distribute the components in object code form only in conjunction with and as a part of your software application product which adds significant and primary functionality and which is designed, developed, and tested to operate together with the SOFTWARE with the expressed and unquestionable functionality of recognition of number plates,
ii. to use the name, logo, or trademarks of ARH to market your software application product only with prior written permission of ARH,
iii. to include a valid copyright notice on your software application product,
iv. to indemnify, hold harmless, and defend ARH from and against any claim or lawsuit, including attorney's fees, that may arise or result from the use or distribution of your software application product, and
v. not to permit further distribution by your end user.
7. LIMITED WARRANTY
Except with respect to the SAMPLE CODE and UTILITIES, which are provided "AS IS," without warranty of any kind, ARH warrants that
i. the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt,
ii. any hardware and printed material accompanying the SOFTWARE PRODUCT will be free from defects in materials and workmanship under normal use and operation for a period of one (1) year from the date of receipt. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT and hardware, if any, are limited to ninety (90) days and one year, respectively.
NO OTHER WARRANTIES: EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, ARH EXPLICITLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT, AND ANY ACCOMPANYING HARDWARE.
8. LIMITATION OF LIABILITY
ARH's entire liability and your exclusive remedy shall be, at ARH's option, either
i. to refund the purchase price paid, or
ii. to repair or replace the SOFTWARE PRODUCT or hardware that does not meet ARH's Limited Warranty and which is properly returned to ARH with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT or hardware has resulted from accident, abuse, or misuse. Any replacement SOFTWARE PRODUCT or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by ARH are available without proof of purchase from ARH or an authorised source.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL ARH BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF ARH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. DURATION OF AGREEMENT
This AGREEMENT is effective from the day you open the package until terminated. You may terminate this AGREEMENT by destroying all copies of the SOFTWARE PRODUCT, returning the hardware elements of the SOFTWARE to ARH and notifying ARH of such destruction. Without prejudice to any other rights, ARH may terminate this AGREEMENT if you fail to comply with the terms and conditions set forth. In such event, you must destroy all copies and hardware elements of the SOFTWARE PRODUCT including the SOFTWARE's CD-ROM and any other ARH related hardware devices.