Please read this End User License Agreement (hereby the “Agreement”) carefully, as it sets out the terms and conditions upon which we license our Web Software and Mobile App for use.
This copy of DVSS, Inc. Portal (“the Software Product”) and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Design Video Security Systems, Inc. or its subsidiaries, affiliates and suppliers (hereby as “DVSS, Inc.”) own the intellectual property rights in the Software Product. Your use, copy, download of the Software Product is subject to these rights and to all the terms and conditions of this Agreement.
By clicking “Accept Agreement” when you first use and /or install the Software Product, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to this Agreement, you must click “Decline” during the installation. Before you download the Software from our website, we will ask you to give your express agreement to the terms and conditions of this Agreement. If you do not agree to this Agreement, you must not download, nor use the software for any purpose whatsoever. Restriction to Transfer You may not assign your rights and obligation under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer to this Software Product without first obtaining the express written consent of DVSS, Inc.
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code of this Software Product.
You may not modify this Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include, but are not limited to, translations. You may not alter any files or libraries in any portion of this Software Product. You may not reproduce the database potion or create ant tables or reports relating to the database portion.
You may not copy any part of this Software Product.
For a period of 60 days from the date that you download this Software Product, as applicable, DVSS, Inc. warrants that when properly installed and used under normal conditions, this Software Product will perform substantially as advertised.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DVSS, Inc., ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, NOR ANY DVSS SOLUTION PROVIDER SHALL IN ANY WAY BE LIABLE TO YOU AND YOU HEREBY WAIVE ANY INDIRECT, ECONOMIC, SPECIAL, COMMERCIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, TRAFFIC FINES OR CITATION, LOSS OF BUSINESS REVENUE OR EARNINGS, LOST DATA, DAMAGES CAUSED BY DELAYS OR A FAILURE TO REALIZE EXPECTED SAVINGS AND THE LIKE, ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE PRODUCT , EVEN IF DVSS OR A DVSS SOLUTION PROVIDER ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. DVSS MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF MAP DATA IN THIS PRODUCT. THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM SOUNDING IN TORT OR CONTRACT, OR UNDER WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION. IN NO EVENT SHALL DVSS' LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU OR ON YOUR BEHALF EXCEED THE PURCHASE PRICE OF THE DVSS PRODUCT (DEVICE) AND SERVICE YOU PURCHASED OR THE COST OF REPAIRING OR REPLACING THE DVSS HARDWARE, WHICHEVER IS GREATER. THE LIMITED WARRANTY WITH RESPECT TO THIS SOFTWARE PRODUCT (AND DVSS WEB APPLICATION SOFTWARE, DVSS PORTAL, DVSS MOBILE APP) ALL DOCUMENTATION AND ANY FIRMWARE RESIDING ON THE DVSS HARDWARE IS SET FORTH IN THE LICENSE AGREEMENT.
YOU agree and acknowledge that DVSS’ exclusions and limitations of liability are reasonable in the circumstances and that the price of the DVSS Hardware and Services would be increased if such exclusions and limitations were not enforceable. This Limited Warranty gives YOU specific legal rights, and YOU may also have other rights that vary depending on the applicable state, province or country. Some states, provinces or countries may not allow the exclusion of limitation of incidental or consequential damages, may not allow limitations on how long an implied warranty or condition lasts, or allow provisions that permit the warranty to be voided. Thus, some of the above limitations or exclusions may not apply to YOU. Waiver by DVSS of any default will not be deemed a continuing waiver of such default or a waiver of any other default. This Limited Warranty is to be construed under the laws of the State of New York, excluding any body of law governing conflicts of law. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty. Any disagreement or dispute arising out of or relating to this Limited Warranty shall be settled by final and binding arbitration to be conducted in New York If there is any inconsistency between this Limited Warranty and any warranty included in the packaging of the DVSS Hardware, the provisions of this Limited Warranty shall apply to the extent of such inconsistency. Limitation of Remedies and Damages Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of this Software Product. Selection of whether to correct or replace shall be solely at the discretion of DVSS. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperature or humidity, improper installation, or damage determined by DVSS to have been caused by you. All limited warranties on this Software Product are granted only to you and are nontransferable. You agree to indemnify and hold DVSS harmless from all claims, judgments, liabilities, expenses, or coats arising from your breach of this Agreement and/or acts or omissions.
Governing law, Jurisdiction and Costs This Agreement is governed by the laws of New York, without regard to New York’s conflict or choice of law provisions.