Last updated: August 9, 2018
1 These Terms May Change
2 HIKVISION Content
2.1 HIKVISION Content
You will be provided with different kinds of HIKVISION-proprietary content, including but not limited to software, software development kits (SDKs), header files, APIs, libraries, simulators, software (source code and object code) and any technical or other specifications or documentation by HIKVISION, as applicable (“HIKVISION Content”). For the purpose of these Term of Use, any bug fixes, updates, upgrades, modifications, enhancements, supplements to, revisions, new releases and new versions of such content shall be included as HIKVISION Content.
2.2 Limited License to HIKVISION Content
A. HIKVISION retains full ownership of HIKVISION Content. HIKVISION hereby grants you, a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to utilize, evaluate, test HIKVISION Content for, and only for the developing compatible contents with HIKVISION products and/or use of HIKVISION products.
B. You shall not to rent, lease, lend, upload to or host on any website or server, sell, redistribute, or sublicense HIKVISION Content, in whole or in part, or to enable others to do so. You shall not use HIKVISION Content for any purpose not expressly permitted in Section 2.2.
D. You agree to comply with all applicable Open Source Software licensing terms if any Open Source Software included in your own products and shall not use any Open Source Software in such a way that would cause the non-open portions of the HIKVISION Content and/or HIKVISION products to be subject to any Open Source Software licensing terms or obligations.
2.3 Changes of HIKVISION Content
HIKVISION reserves rights, without liability to you, at its discretion, to add, alter, or remove functionality from HIKVISION Content at any time with prior notice posted at the website (updates, upgrades and variations of HIKVISION Content).
5 User Behavior
You are responsible for your conduct and communications with others while using HIKIVISON Content. You must comply with the following requirements when using HIKIVISON Content:
A. You must use HIKIVISON Content in compliance with, and only as permitted by, applicable laws. You may not use HIKIVISON Content to infringe the intellectual property rights of others, or to commit an unlawful activity.
B. You should not, use, or access HIKIVISON Content for the purpose of promoting a product or service or for any other purposes which may be in conflict with the business and interest of HIKVISION.
C. You shall not misuse HIKIVISON Content by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that HIKVISION provides.
D. You shall not transmit any viruses, malware, or other types of malicious software, or links to such software, through the HIKIVISON Content or the website.
6 NO WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HIKIVISON CONTENT ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE” WITH ALL FAULTS AND ERRORS, AND HIKVISION AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AVAILABILITY, DATA SECURITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
SURVEILLANCE, DATA PROTECTION, AND PRIVACY LAWS VARY BY JURISDICTION AND MAY IMPOSE CERTAIN RESPONSIBILITIES ON YOUR USE OF HIKIVISON CONTENT. YOU ACKNOWLEDGE AND AGREE THAT YOU (AND NOT HIKVISION) WILL BE RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH APPLICABLE LAWS WHERE YOU LIVE AND THAT HIKVISION SHALL NOT BE LIABLE IN THE EVENT THAT HIKIVISON CONTENT IS USED FOR ILLEGAL PURPOSES, INCLUDING, WITHOUT LIMITATION: NON-CIVIL USE; RECORDING OR SHARING VIDEO OR AUDIO CONTENT THAT IS NOT IN CONFORMANCE WITH APPLICABLE LAW; FAILURE TO COMPLY WITH NOTICE AND CONSENT LAWS; INFRINGEMENT OF THIRD-PARTY RIGHTS; USE IN CONNECTION WITH MEDICAL TREATMENT, OR OTHER SITUATIONS WHERE HIKIVISON CONTENT FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY.
7 LIMITATIONS ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HIKVISION, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA OR CONTENT, DOCUMENTATION, OR PROFITS, SERVICE INTERRUPTION, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE HIKIVISON CONTENT, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY HIKIVISON CONTENT OR BY FAILURES OF HIKIVISON CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HIKVISION KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HIKVISION BE LIABLE FOR CLAIMS ARISING FROM OR RELATED TO HIKIVISON CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. HIKVISION DISCLAIMS ALL LIABILITY OF ANY KIND OF HIKVISION’S LICENSORS AND SUPPLIERS.
9 Trade Compliance
You shall comply with all applicable sanctions, anti-boycott, export, and re-export control laws and regulations, including all such laws and regulations that apply to a U.S. company, such as the Export Administration Regulations, the International Traffic in Arms Regulations, and economic sanctions programs implemented by the Office of Foreign Assets Control. You represent and warrant that you and your financial institutions, or any party that owns or controls you or your financial institutions, are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury, and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority.
10 Governing Law and Dispute Resolution
11.1 Entire Agreement; Waiver; Severability
Should you have any questions, please contact us immediately via email at firstname.lastname@example.org
HANGZHOU HIKVISION DIGITAL TECHNOLOGY CO. ALL RIGHTS RESERVED.