User License Agreement for Milestone MIP SDK Templates and for MilestoneSystems.VideoOS. MIP SDK and MilestoneSystems.VideoOS. Mobile SDK Packages
This User License Agreement ("License Agreement") is a legally binding agreement between you (either an individual or a single legal entity) and Milestone Systems A/S ("Milestone"). This License Agreement regulates your use of the MIP SDK templates which are part of the Milestone MIP SDK Templates Extension presented by Milestone at the Microsoft Visual Studio Marketplace and your use of the MilestoneSystems.VideoOS. MIP SDK and MilestoneSystems.VideoOS. Mobile SDK packages published by Milestone on NuGet.org.
For the purpose of this License Agreement, the MIP SDK templates as well as the MilestoneSystems.VideoOS. MIP SDK and MilestoneSystems.VideoOS. Mobile SDK packages, which may include associated software, media, online or electronic documentation and any updates or corrections, will also be referred to as the "Product", collectively and individually as the context may require.
This License Agreement shall be accepted by you and applies specifically if you download the Product from NuGet.org and/or if you install the Product from the Microsoft Visual Studio Marketplace. By installing, deploying, copying, or otherwise using the Product, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, do not install or use 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.
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 Milestone, or in the case of third party contributions to such Product, the title and rights to such contributions only are owned by our licensors. All rights not expressly granted are reserved by Milestone.
No Warranties
Milestone expressly disclaims any warranty and liability 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, or infringement of third party’s rights. 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 with 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, record, or otherwise process 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. Milestone does not accept any liability whatsoever, for any direct, indirect or consequential losses or damages for the violation of such laws and/or restrictions.
In accordance with the Milestone Human Rights Policy, Milestone seeks to avoid causing or contributing to adverse human rights impacts, including through the use of the Product. This EULA therefore does not cover use of the Product for the purpose of, or in connection with, any violation of, or adverse impact on the human rights of any individual person or group of people as set out in the United Nations Universal Declaration of Human Rights, or other internationally recognized regional human rights systems, including the EU Charter of Fundamental Rights. Any such use is prohibited under these terms and the Milestone Human Rights Policy 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. Similarly, Milestone reserves the right to terminate the Product license without prior notice where a human rights grievance report has been submitted through the Milestone Grievance Mechanism and substantiated through the Milestone internal process for human rights grievance investigation, handling and remediation.
Copenhagen Clause
Milestone is a signatory to the Copenhagen Letter, a technology declaration to aspire to open and honest public conversation about the power of technology and how technology should enhance the quality of life. We who shape technology must reflect on how technology affects human needs and behaviors, and how we further the responsible use of technology. Milestone encourages our partners not only to involve themselves in this important discussion on responsible use of technology, but to also sign the Copenhagen Letter at https://www.milestonesys.com/company-news/milestone/csr/the-copenhagen-letter/ and adopt a corresponding Copenhagen Clause into their own agreements.
Exclusion of Liability
The provisions of this paragraph are in effect to the maximum extent permitted by applicable law. In no event shall Milestone 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 Milestone has been advised of the possibility of such damages. If for any reason Milestone should be deemed liable under applicable law, Milestone’s entire liability shall be limited to and not exceed the amount equivalent to 100 EUR (one hundred Euro).
Third Party Licenses
You may use and integrate the Products with other third party software and it is your responsibility when installing to investigate and obtain usage rights to any such third party software for your purpose.
The MilestoneSystems.VideoOS. MIP SDK packages include certain third party software as set out in the documentation for the packages and when using this Product you have to comply with the licensing requirements for such third party software.
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, except as specified in section "Download, Installation and Use below. (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 License Agreement is non-transferable save that if there is any ownership interest transferred which includes the Milestone Product, you may permanently assign all of your rights for this Product to the Transferee, provided the Transferee agrees to the terms of this License Agreement.
Export control. The scope of your rights and the license granted under this EULA shall be subject to any applicable sanctions, export control regulations or other trade restrictive measures imposed by the United Nations, the United States of America, the United Kingdom, Denmark and/or the European Union. You shall not use the Product nor exercise any license rights granted hereunder if such use is prohibited by, or subject to any applicable sanctions, export control regulations or other trade restrictive measures. Milestone shall not be obliged to license and provide any Milestone Products if it would be prohibited pursuant to applicable sanctions or export control laws or regulations. Milestone shall not be obligated to fulfill this EULA if such fulfillment is prevented by any restrictions and impediments arising out of national or international foreign trade or customs requirements or any embargoes or other sanctions.
Termination
Without prejudice to any other rights, Milestone may terminate this EULA if you fail to comply with its terms and conditions and/or if you fail to comply with or for Milestone to comply with applicable export control requirements, without any right for you to claim damages, refunds or any compensation. In such event you must immediately cease using the Product, destroy all copies of it, and certify such destruction in writing.
Severability
If a court or government body of competent jurisdiction determines that any provision of this License Agreement is invalid, not enforceable or enforceable only if limited in scope, this present License Agreement shall continue in full force and effect with such provisions stricken or so limited.
Entire Agreement
This License Agreement constitute the parties' entire and complete agreement relating to the subject matter hereof, and all implied warranties, rules of common law or ordinary rules of law not restated as applicable herein, are hereby excluded from effect between the parties.
Governing Law
This License Agreement is governed by Danish law and the sole and proper forum for the settlement of disputes hereunder shall be the City Court of Copenhagen.
This License Agreement applies to the Product, with its general terms and specific terms and conditions, as detailed in the following sections.
Installation and Use – for the MIP SDK templates (including, but not limited to, MIPAccessControl, MIPDriver, MIPLibrary, MIPPlugin, MIPSearch), presented and provided by Milestone at the Microsoft Visual Studio Marketplace, the following applies:
Milestone hereby grants you the right to use the Product with the following restrictions:
1. The Product may be installed on an unlimited number of computers and used for evaluation or development purposes. The Product must only be used with the Microsoft Visual Studio.
2. When you install the Milestone MIP SDK Templates Extension from the Microsoft Visual Studio Marketplace, the MIP SDK templates will be installed as part of it, and through the MIP SDK templates you will also utilize the MilestoneSystems.VideoOS. MIP SDK packages published by Milestone on NuGet.org. Therefore, you shall also comply with the requirements set out for the MilestoneSystems.VideoOS. MIP SDK packages in the section below.
3. The Product may only be used for generating integration projects at the Microsoft Visual Studio.
4. The Product is not for your distribution, and 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.
5. The integration projects created by you by using the MIP SDK templates may only be used in connection with Milestone XProtect products and Milestone Husky NVR products supporting the Milestone Integration Platform Software Development Kit. The integration projects created by you by using the MIP SDK templates may not be used separately, in connection with non-Milestone products, except for the approved OEM versions of Milestone XProtect products.
6. Subject to your compliance with the terms of this License Agreement, you will own the intellectual property rights to the integration projects created by you by using MIP SDK templates. You may, at your own discretion, tilize the rights to such integration projects, including, but not limited to, the right to distribute or otherwise transfer your rights to integration projects.
7. You agree and warrant not to use the Product to create integration projects that will enable an end-user to use a Milestone product, or an OEM version of a Milestone product in a way that may infringe the Milestone End-user License Agreement covering the specific product, cf., https://www.milestonesys.com/support/resources/download-software/, or break or circumvent the licensing system for the Milestone product or the OEM version of a Milestone product.
8. The integration projects created by you by using the MIP SDK templates may enable you to connect or integrate with third party software. The Product does not include licenses for such third party software, which you must obtain yourself for your purpose.
9. The Product is part of MIP SDK (Milestone Integration Platform Software Development Kit).
10. The list of MIP SDK templates specified in the beginning of this section is not exhaustive and other templates can also be published and provided by Milestone at the Microsoft Visual Studio Marketplace. Regardless of whether a particular MIP SDK template is specified in this section, this License Agreement will govern and apply to the use of any MIP SDK template that is available at the Microsoft Visual Studio Marketplace via the Milestone MIP SDK Templates Extension.
Download, Installation and Use – for the MilestoneSystems.VideoOS. MIP SDK and MilestoneSystems.VideoOS. Mobile SDK packages (including, but not limited to, MilestoneSystems.VideoOS.Platform, MilestoneSystems.VideoOS.Platform.SDK, , MilestoneSystems.VideoOS.Platform.AccessControl, MilestoneSystems.VideoOS.Platform.Transact, MilestoneSystems.VideoOS.Platform.DriverFramework, MilestoneSystems.VideoOS.ConfigurationAPI, and MilestoneSystems.VideoOS.Mobile.SDK packages), published and provided by Milestone on NuGet.org, the following applies:
Milestone hereby grants you the right to download, install and use each of the Products with the following restrictions:
1. The Product may be installed on an unlimited number of computers and used for evaluation or development purposes. The Product must only be used with compatible development tools like Microsoft Visual Studio, or corresponding tools.
2. The Product is not for your distribution, except as allowed in paragraph 4 of this section, and 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 Product may only be used in connection with Milestone XProtect products and Milestone Husky NVR products supporting the Milestone Integration Platform Software Development Kit. The Product may not be used separately, in connection with non-Milestone products, except for the approved OEM versions of Milestone XProtect products.
4. You may redistribute to 3rd parties only the parts of the Product that are utilized by your application, provided that all relevant third parties’ licensing agreements are included in such redistribution.
For MilestoneSystems.VideoOS.Platform.SDK and MilestoneSystems.VideoOS.Mobile.SDK packages specifically the licensing agreements are to include, but not limited to, those licenses listed in the "3rd party software terms and conditions.txt" file included in these packages. The "3rd party software terms and conditions.txt" file is added to the design project in which the package is used with, and copied to the output folder of the specific design project.
5. The use of the Product is further restricted by the terms set out in the Milestone End-user License Agreement for the Milestone product, cf., https://www.milestonesys.com/support/resources/download-software/, or the OEM version of the Milestone product it is used together with.
6. You agree and warrant not to use the Product, or other technical tools, in ways that will enable an end-user to use a Milestone product, or an OEM version of a Milestone product in a way that may infringe the Milestone End-user License Agreement covering the specific product, or break or circumvent the licensing system for the Milestone product or the OEM version of a Milestone product.
7. The Product includes software components that enable you to connect or integrate with third party software. The Product does not include licenses for such third party software, which you must obtain yourself for your purpose.
8. The MilestoneSystems.VideoOS. MIP SDK packages are part of MIP SDK (Milestone Integration Platform Software Development Kit), and the MilestoneSystems.VideoOS. Mobile SDK packages are part of the MIP SDK Mobile .
9. The list of MilestoneSystems.VideoOS. MIP SDK and MilestoneSystems.VideoOS. Mobile SDK packages specified in the beginning of this section is not exhaustive and other packages can also be published and provided by Milestone on NuGet.org. Regardless of whether a particular MilestoneSystems.VideoOS. MIP SDK and/or MilestoneSystems.VideoOS. Mobile SDK package is specified in this section, this License Agreement will govern and apply to the use of such package if it has been downloaded from NuGet.org.
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