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Network Video Management System

Sony End-user License Agreement

NOTE: If you are a Sony Dealer, systems integrator or are otherwise installing this Product on behalf of a third party, you shall ensure that you have their acceptance of this End User License Agreement.

This End-user License Agreement (EULA) is a legally binding agreement between you (either an individual or a single legal entity) and Sony Corporation ("Sony") for the Sony product or utility, which may include associated software and hardware components (including those owned by third party suppliers), media, printed materials, online or electronic documentation and any updates or corrections ("Product"). If you have purchased the Product as part of a computer or server system delivered by Sony all hardware and software components of such system shall for the purposes of this EULA be considered being parts of the Product, except however for any third party software or hardware component which is covered by a separate third party license agreement included in the system documentation or otherwise incorporated in the system. Certain third party software may be covered by open source software licenses ("Open Source Components"), which means any software licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including but not limited to any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format. If and to the extent disclosure is required, please visit (http://oss.sony.net/Products/Linux/common/search.html) or other Sony-designated web site for a list of applicable Open Source Components included in the Product from time to time, and the applicable terms and conditions governing its use.

By installing, copying, or otherwise using the Product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Product, instead you may return it, within 30 days after delivery of the Product, along with all associated material to your place of purchase for a full refund, less any shipping and handling costs. This return policy does not apply if you or your representative, including your Sony dealer (on your behalf) have accepted this EULA prior to, or as part of, your purchase of the Product. The Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Note that all software parts of Product are licensed to you, not sold.

For Sony products where a Software License Code (SLC) is required, the license you have been granted is identified by the Software License Code you have received when purchasing the Product.

Intellectual Property Rights.

All title and rights, including but not limited to copyrights, in and to the Product and any copies thereof are owned by Sony or its suppliers. All rights not expressly granted are reserved by Sony or its suppliers.

Correction of Errors.

A defect or error in the Product shall be deemed material only if it has effect on the functionality of the Product as a whole or if it prevents the operation of the Product. If you, within 90 (ninety) days after delivery of the Product, document that a material defect or error in the Product exists, Sony will, at its sole discretion, either to

  • (i) deliver a new copy of the Product without the material defect or error,
  • (ii) remedy or correct the defect or error free of charge, or
  • (iii) terminate this EULA and repay any license fee received against your return of all copies of the Product.

The provisions of this paragraph constitute your sole remedies in the event of a defect or error in the Product.

Software Update Plan.

Without prejudice to the foregoing, you are entitled to receive all generally released new versions, releases, changes, service packs and patches (hereinafter referred to as "Upgrades") for the Product without any additional cost for the period of one (1) year beginning from the date of the installation of the Product ("Free Upgrade Period").

After expiration of the Free Upgrade Period, you are not entitled to receive Upgrades; provided, however, that you are entitled to continue receiving Upgrades by separately purchasing certain license products for the extension of Upgrades period from Sony (such license product is referred to as "SUP Product" and such service for the provision of Upgrades with a SUP Product shall be referred to as "Software Upgrade Plan"). Software Update Plan shall be valid until the validity date corresponding to each SUP Product (hereinafter referred to as "Update Effective Period"). Sony, however, reserves the right to terminate Software Update Plan without prejudice to any other rights, should you fail to comply with its terms and conditions in this EULA for the Product, which Software Update Plan covers.

You may purchase a SUP Product at any time during the Free Upgrade Period or the Update Effective Period and within thirty (30) days thereafter.

You may increase the number of devices that work together with the Product by purchasing device licenses. Further you may expand function of the Product by purchasing add-on licenses, including "Screen Recorder License" and/or "Smartwall License" (such device licenses and add-on licenses are collectively referred to as "Additional License"). In order to have the entire Product with enhancement through the Additional Licenses covered by Software Update Plan, you must purchase SUP products corresponding to each of the Additional Licenses. If you do not purchase such SUP products, the Software Update Plan for the original Product without enhancement shall be terminated as of the date of the enhancement through the Additional Licenses, unless otherwise specifically stipulated in the terms and conditions of the Additional Licenses. Any remaining portion of the original Software Update Plan shall not be refunded.

For the avoidance of doubt, this EULA shall also apply to upgraded Products under Software Upgrade Plan. Software Update Plan shall not entitle you to receive free-of-charge products and modules that, in Sony's discretion, are not Upgrades for the Product but instead are new products and modules.

No Warranties.

Unless you are provided with a specific warranty from Sony as part of your Product documentation, Sony expressly disclaims any warranty for the Product. The Product and any related documentation is provided "as is" without warranty of any kind, either expressed or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. The entire risk arising out of use or performance of the Product remains with you as the user. You are notified that the Product, when used with certain equipment or other software, may enable you to perform surveillance actions and data processing which are likely to be restricted by or contrary to applicable law, including without limitation data privacy and criminal law. The sole responsibility for verification of your use against compliance with applicable law lies with you as the user.

Prohibited Use.

The Product may only be applied and used in accordance to the applicable law(s) of the jurisdiction, country or region it is used in. This includes, but is not limited to, possible legal restrictions to what you surveil and record with the Product, the policy for storing recorded and other data in the Product, and how such recorded data is to be handled as it is exported from the Product. It is the sole responsibility of you the user to be acquainted with, and to adhere to, such laws and restrictions. Sony does not accept any liability whatsoever, for any direct, indirect or consequential losses or damages for the violation of such laws and/or restrictions.

This license does not cover use of the Product for the purpose of, or in connection with, a violation of the human rights of any person as set out in the United Nations Universal Declaration of Human Rights. Any such use is prohibited and is a material breach of this EULA causing the whole license for the Product to lapse immediately without notice rendering any further use of the Product unlawful.

Limitation of Liability.

The provisions of this paragraph are in effect to the maximum extent permitted by applicable law. In no event shall Sony or its suppliers 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) nor for any product liability (except for bodily injury) arising out of the use of or inability to use the Product or the provision of or failure to provide proper support, even if Sony has been advised of the possibility of such damages. Absent any willful misconduct or gross negligence, the entire liability of Sony and its suppliers shall be limited to the amount actually paid by you for the Product.

Miscellaneous.

  • (a) You may make as many copies of the Product as may be necessary for backup and archival purposes.
  • (b) You may not distribute copies of the Product to third parties.
  • (c) You may not reverse engineer, decompile, or disassemble any of the Product's components except and only to the extent permitted by applicable law which cannot be contractually waived.
  • (d) This EULA is non-transferable save that if there is any ownership interest transferred which includes the Product. You may permanently assign all of your rights for this Product to the Transferee, provided the Transferee agrees to the terms of this EULA.

Termination.

Without prejudice to any other rights, Sony may terminate this EULA if you fail to comply with its terms and conditions. In such event you must immediately cease using the Product and destroy all copies of it.

Severability.

If a court or government body of competent jurisdiction determines that any provision of this EULA is invalid, not enforceable or enforceable only if limited in scope, this present EULA shall continue in full force and effect with such provisions stricken or so limited.

Entire Agreement.

This EULA constitute the parties' entire and complete agreement relating to the subject matter hereof and all written and oral undertakings and pledges which may have preceded this EULA, all implied warranties, rules of common law or ordinary rules of law not restated herein, are hereby excluded from effect between the parties.

Governing Law.

This EULA and the contract between you and Sony are governed by Japanese law and the sole and proper forum for the settlement of disputes hereunder shall be the Tokyo District Court in Japan.

License, installation and use conditions and restrictions.

By activating the licenses for the Product, you accept that core system data (such as number of used devices) is exchanged and stored in Sony's and/or its suppliers' licensing system. The sole purpose of gathering and maintaining such data is to enable Sony and its channel partners, to enforce license management of the Sony products. You agree to not alter, modify, or in any way tamper with the data transmitted to the online service. This EULA applies to all Products, with the following individual terms and conditions valid for the mentioned specific products:

Installation and Use – for Network Video Management System Enterprise Edition product the following applies:

Sony hereby grants you the right to install and use the Product with the following conditions and restrictions:

  1. The "Management Server" component of the Product may be installed on an unrestricted number of computers, or cluster of computers, designated as Management Server per Software License Code.
  2. The "Recording Server" component of the Product may be installed or used on up to sixty-four (64) on computers designated as Recording Servers. The Recording Servers must be managed by the designated Management Server(s) specified above.
  3. The Product may only be used on computers running operating systems for which the Product was designed.
  4. Installing the Product you also agree to adhere to Microsoft's software license terms for Microsoft SQL Server 2014 Express Edition (https://www.microsoft.com/en-us/download/details.aspx?id=29693).
  5. The Product may only be operated, regardless of whether this is directly or in some indirect form, by you, your employees or other people working for you, including law enforcement authorities investigating incidents for you. The Product may therefore, for instance, not be operated or used in any way by customers of you or other third parties.
  6. In total, the Product installed under this EULA, the Product may only be used with as many devices as you through purchase or subscription rightfully have obtained (via your Sony dealer) registered device licenses for under the Software License Code.
Installation and Use – for Network Video Management System Standard Edition (Network Video Management Software) product the following applies:
  1. The Product may only be installed or used on one (1) computer designated as Master Server per Software License Code.
  2. The Product may be installed on up to eight (8) Slave Server computers per designated Master Server using the same Software License Code.
  3. The Product may only be used on computers running operating systems for which the Product was designed.
  4. Installing the Product you also agree to adhere to Microsoft's software license terms for Microsoft SQL Server 2014 Express Edition (https://www.microsoft.com/en-us/download/details.aspx?id=29693).
  5. The Product may only be operated, regardless of whether this is directly or in some indirect form, by you, your employees or other people working for you, including law enforcement authorities investigating incidents for you. The Product may therefore, for instance, not be operated or used in any way by your customers or other third parties.
  6. The Product may only be used for surveillance or for other video recording purposes on property or land owned or controlled by you. The Product may therefore, for instance, not be used for surveillance of your customers' or clients' property or land.
  7. In total, the Product may only be used with as many devices as you through purchase or subscription have rightfully obtained (via your Sony dealer) registered device licenses for under the Software License Code.
Installation and Use – for the Network Video Management System Standard Edition (Network Video Recorder) product the following applies:

Sony hereby grants you the right to install and use the Product with the following conditions and restrictions:

  1. The Product may only be installed or used on one (1) computer designated as Server per Software License Code.
  2. The Product may only be used on computers running operating systems for which the Product was designed.
  3. Installing the Product you also agree to adhere to Microsoft's software license terms for Microsoft SQL Server 2014 Express Edition (https://www.microsoft.com/en-us/download/details.aspx?id=29693).
  4. The Product may only be operated, regardless of whether this is directly or in some indirect form, by you, your employees or other people working for you, including law enforcement authorities investigating incidents for you. The Product may therefore, for instance, not be operated or used in any way by your customers or other third parties.
  5. The Product may only be used for surveillance or for other video recording purposes on property or land owned or controlled by you. The Product may therefore, for instance, not be used for surveillance of your customers' or clients' property or land.
  6. In total, the Product may only be used with as many cameras as you through purchase or subscription have rightfully obtained (via your Sony dealer) registered camera licenses for under the Software License Code.
Installation and Use – for the Network Video Management System Smart Client product the following applies:

Sony hereby grants you the right to install and use an unlimited number of copies of the Product with the following conditions and restrictions:

  1. The Product may only be used on computers running operating systems for which the Product was designed.
  2. The Product may only be used in connection with a Network Video Management System product. When used together with Network Video Management System products, the Product may also be used together with other compatible Sony products and with third party products/components built upon a software development kit which may be provided by Sony.
  3. When used together with officially compatible Sony products the Product may also be used together with third party products/components built upon a software development kit which may be provided by Sony.
  4. The use of the Product is further restricted by the End-user License Agreement of the Network Video Management System product.
Use – for the Network Video Management System Smart Wall product the following applies:

Sony hereby grants you the right to use the Product with the following conditions and restrictions:

  1. The Product may be used together with Network Video Management System Enterprise Edition product for which a Network Video Management System Smart Wall base license through purchase has rightfully been obtained.
  2. The Product may be operated from an unlimited number of Management Clients and Network Video Management System Smart Clients connected to the Network Video Management System Enterprise Edition system.
  3. The use of the Product is further restricted by the End-user License Agreement of the Network Video Management System product.
Installation and Use – for the Network Video Management System Mobile server product the following applies:

Sony hereby grants you the right to install and use an unlimited number of copies of the Product with the following conditions and restrictions:

  1. The Product may only be used on computers running operating systems for which the Product was designed.
  2. The Product may only be used in connection with a rightfully licensed Network Video Management System product.
  3. The use of the Network Video Management System Mobile server is further restricted by the End-user License Agreement of Network Video Management System product.
  4. By accepting the present EULA you accept terms and conditions on behalf of all end users of Network Video Management System Mobile client and Network Video Management System Web Client which you allow to connect to Network Video Management System Mobile server.
  5. Additional third party charges may apply for using the Network Video Management System Mobile service, including, but not limited to, communication cost and third party service subscriptions.
Installation and Use – for the Network Video Management System Mobile client product the following applies:

Sony hereby grants you the right to install and use an unlimited number of copies of the Product with the following conditions and restrictions:

  1. The Product may only be used on devices running operating systems for which the Product was designed.
  2. The Product may only be used together with Network Video Management System Mobile server, or dedicated product evaluation environments provided by Sony.
  3. The use of the video push functionality is subject to licensing in the Network Video Management System product, where each named user of the Network Video Management System Mobile client wanting to make use of the video push functionality requires one (1) camera license in the Network Video Management System product.
Use – for the Network Video Management System Web Client product the following applies:

Sony hereby grants you the right to use the Product on an unlimited number of computers and devices with the following conditions and restrictions:

  1. By using the Network Video Management System Web Client you accept Sony's general terms in this EULA.
  2. The Product may only be used on computers and devices running operating systems for which the Product was designed.
  3. The Product may only be used together with the Network Video Management System Mobile server, or dedicated product evaluation environments provided by Sony.
Installation and Use – for the Network Video Management System Screen Recorder product the following applies:

Sony hereby grants you the right to install and use the Product with the following conditions and restrictions:

  1. The Product may be installed on an unlimited number of computers, and other devices, running the operating system for which the Product was designed (hereafter referred to as computers).
  2. The Product may only be used for surveillance or for other video recording purposes of computers owned or controlled by you. The Product may therefore, for instance, not be used for surveillance of your customers' or clients' computers.
  3. The Product may only be used together with Network Video Management System product.
  4. For each use instance of the Product, one (1) camera license is required in the Network Video Management System product.
  5. The use of the Product is further restricted by the End-user License Agreement of the Network Video Management System product.
Installation and Use – for the Network Video Management System ONVIF Bridge product the following applies:

Sony hereby grants you the right to install and use the Product with the following conditions and restrictions:

  1. The Product may only be used on computers running operating systems for which the Product was designed.
  2. The Product may only be used in connection with a rightfully licensed Network Video Management System product.
Installation and Use – for the Network Video Management System Download Manager product ("Download Manager") the following applies:

Sony hereby grants you the right to install and use an unlimited number of copies of the Download Manager with the following conditions and restrictions:

  1. The Download Manager may only be used on computers running operating systems for which the Download Manager was designed.
  2. The Download Manager may only be used in connection with the Network Video Management System product with which it was delivered (the Original Network Video Management System product). When used together with the Original Network Video Management System product the Download Manager may also be used together with other compatible Sony products.
  3. The use of the Download Manager is further restricted by the End-user License Agreement of the Original Network Video Management System product.
Installation and Use – for the Network Video Management System Device Pack product the following applies:

Sony hereby grants you the right to install and use the Product with the following conditions and restrictions:

  1. The Product and its individual Device Drivers may only be used with officially compatible and rightfully licensed Network Video Management System products.
  2. The Product and its individual Device Drivers may only be used on computers running operating systems for which the Product was designed.
  3. The Product and its individual Device Drivers may be installed on an unlimited number of computers designated as Recording Servers.
Installation and Use – for the Network Video Management System DirectShow Filter product ("DirectShow Filter") the following applies:

Sony hereby grants you the right to install and use the DirectShow Filter with the following conditions and restrictions:

  1. The DirectShow Filter may be installed on an unlimited number of computers running the operating system for which the Product was designed (hereafter referred to as computers).
  2. The DirectShow Filter may only be operated, regardless of whether this is directly or in some indirect form, by you, your employees or other people working for you.
  3. The DirectShow Filter may only be used in connection with the approved Sony products. The approved Sony products are: Network Video Management System Enterprise Edition and Network Video Management System Standard Edition; the Product may not be used separately, in connection with non-approved Sony products, or in connection with non-Sony products.
  4. The use of the DirectShow Filter is further restricted by the End-user License Agreement of the Network Video Management System product.
  5. The user agrees and warrants not to use the DirectShow Filter, or other technical tools, in ways that will enable a Sony product to be used in a way that infringe Sony's End User License Agreement or licensing system for that product.
  6. Even though Sony strives to keep a high quality level of the Product, and to make it compatible with future versions of the Products, the user of the Product understands and accepts that: a) The Product may contain incorrect, misleading or out-dated material, documentation or sample products and source code. b) The Product may be incompatible with previous, present or future versions of the Sony products. c) The Product may lack certain functionality or be incomplete in certain areas.