END USER LICENSE AGREEMENT
(hereinafter as “EULA”)
This End User License Agreement (“EULA”) is a legal agreement between YOU (either individual or entity) as LICENSEE and the copyright owner (hereinafter as “LICENSOR”) of any software distributed by Adaptive Recognition Hungary Zrt. (41 Alkotas utca, HU-1123 Budapest, Hungary, EU).
By downloading, installing, copying, using the software (including Boot ROM code, embedded software and third-party software, whether in read only memory, on any other media or in any other form and the associated media and printed materials and online or electronic documentation) (hereinafter the “SOFTWARE”) distributed by Adaptive Recognition Hungary Zrt. YOU agree to be bound by the terms of this EULA. If YOU do not agree with these terms and conditions do not download, install, copy, or use the SOFTWARE.
If you are not an individual, by accepting the terms of this EULA, YOU expressly declare and confirm that YOU have the full power and capacity to accept this EULA in the name of the entity on behalf of which YOU are acting. Should this declaration prove to be false, YOU shall be responsible and liable in person for all obligations under the EULA.
1. GRANT OF LICENSE
Subject to the terms and conditions of this EULA, YOU are granted non-exclusive, non-sublicensable, limited license for YOU to use the enclosed software and associated documentation, together with the upgrades, updates, new versions and fixes provided to YOU by Adaptive Recognition Hungary Zrt. Please note that additional limitations related to use (included but not limited geographical restrictions, number of parallel processing threads, number of channels, number of processes… etc.) may be prescribed in connection with certain software; those additional limitations are stipulated in the licence file related to the SOFTWARE.
2. OWNERSHIP AND COPYRIGHT
The SOFTWARE is licensed, not sold. No title to or ownership in the SOFTWARE is transferred to YOU. The SOFTWARE is protected by all applicable laws and treaties. Hereby you are informed, that the LICENSOR reserved all rights (to the maximum extent permitted by applicable laws) related to the SOFTWARE and to any reproduction of the SOFTWARE including its documentation, logos, trademarks, icons and interface in whole or in part which was not expressly granted hereunder. If YOU copy or use all or any portion of the SOFTWARE without entering into this EULA or obtaining the prior written permission of LICENSOR or in non-compliance with any of the terms of this EULA, YOU are violating copyright or other intellectual property law, and YOU may be liable to Adaptive Recognition Hungary Zrt. and its licensors in particular for damages, and YOU may be subject to criminal penalties.
3. GENERAL PROVISIONS
i.) Limitations on Reverse Engineering, Decompilation, and Disassembly: YOU may not reverse engineer, decompile, or disassemble the SOFTWARE in any case by any means.
ii.) No Separation of Components: The SOFTWARE is licensed as a single product and neither the software programs comprising the SOFTWARE 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.
iv.) Software Transfer: YOU may permanently transfer all of your rights under this AGREEMENT, provided that you retain no copies, you transfer all components and accessory of the SOFTWARE
(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 is an upgrade, any transfer must include all prior versions of the SOFTWARE.
v.) modification: rights of reproduction, alteration, adaptation, translation and any other modification of the SOFTWARE (including correction of mistakes) as well as the reproduction of the product resulting from these acts are retained by the copyright owner and are expressly not granted to YOU.
4. WARRANTIES AND DISCLAIMERS
The SOFTWARE is provided and sold “AS IS”, without any warranty, expressed or implied, as to its conformity or fitness for any particular purpose, or that the SOFTWARE will perform uninterrupted or without errors.
Adaptive Recognition Hungary Zrt warrants that it has all rights to grant to YOU all rights and licenses to be granted by this EULA.
NO OTHER WARRANTIES: EXCEPT FOR THE LIMITED WARRANTY DESCRIBED ABOVE, ADAPTIVE RECOGNITION HUNGARY ZRT. EXPLICITLY DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITTNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE, AND ANY ACCOMPANYING HARDWARE. WITHOUT LIMITING THE FOREGOING, ADAPTIVE RECOGNITION HUNGARY ZRT. DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
YOU are responsible for the prevention of security issues with regard to its own systems and data. YOUR responsibility includes, but is not limited to, undesired invaders of the software such as malware, viruses, spyware or Trojans and Adaptive Recognition Hungary Zrt. disclaims responsibility for any damages incurred as a result of YOUR failure to secure its systems and data.
Neither these remedies nor any support services offered by Adaptive Recognition Hungary Zrt. are available without proof of purchase from Adaptive Recognition Hungary Zrt. or an authorized source. This Warranty excludes any relief for incidental or consequential damages.
5. UPDATES, UPGRADES AND SUPPORT SERVICES
This EULA does not grant YOU the right to any technical support for, or updates or upgrades to the SOFTWARE. However, Adaptive Recognition Hungary Zrt. may offer from time to time updates, upgrades and/or technical support. Adaptive Recognition Hungary Zrt. may, at its option and as part of its sales and marketing policy, make updates, upgrades and/or technical support under terms to be determined from time to time by Adaptive Recognition Hungary Zrt.
To upgrade the SOFTWARE, you must first be licensed for the SOFTWARE that is eligible for the upgrade. Upon upgrade, this EULA takes the place of the EULA for the software you upgraded. After you upgrade, you may no longer use the SOFTWARE you upgraded from. If the SOFTWARE is upgrade, you may use or transfer the SOFTWARE only in conjunction with the upgraded version. VAGY You may use the upgrade and the upgraded software only in accordance with this EULA.
Support services for certain software may be available as described at https:// adaptiverecognitionhungary.hu
6. OTHER COMPONENTS
Some software distributed by Adaptive Recognition Hungary Zrt. may come with SDK and/or with Utilities. The following provisions apply to these Software:
Provisions to SDK (Software Development Kit): In addition to the license granted in Section 1, LICENSOR 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 media contains the SOFTWARE. You may not distribute the SDK SAMPLE CODE or any modified version of the SDK SAMPLE CODE in source code form.
Provisions to UTILITIES: In addition to the license granted in Section 1, LICENSOR 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 magnetic or other physical media on which the SOFTWARE is recorded. 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, which adds significant and primary functionality and which is designed, developed, and tested to operate together with the SOFTWARE, ii.) to use the name, logo, or trademarks of the SOFTWARE and/or Adaptive Recognition Hungary Zrt. to market your software application only with prior written permission of Adaptive Recognition Hungary Zrt, iii.) to include a valid copyright notice on your software application, iv.) to indemnify, hold harmless, and defend Adaptive Recognition Hungary Zrt. 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, and v.) not to grant distribution right related the SOFTWARE to any third person.
7. LIMITATION OF LIABILITY
Adaptive Recognition Hungary Zrt’s entire liability for all claims or damages arising out of or related to this EULA, regardless of the form of action, whether in contract, tort or otherwise, will be limited to and will not exceed, in the aggregate the amount paid to Adaptive Recognition Hungary Zrt. under this EULA for the specific SOFTWARE that caused the damage or that is the subject matter of the claim.
Adaptive Recognition Hungary Zrt.’s entire liability and your exclusive remedy shall be, at Adaptive Recognition Hungary Zrt.’s option, either i.) to refund the purchase price paid for the specific SOFTWARE that caused the damage, or ii.) to repair or replace the SOFTWARE that does not meet Adaptive Recognition Hungary Zrt.’s Limited Warranty and which is properly returned to Adaptive Recognition Hungary Zrt. with a copy of your receipt. This Limited Warranty is void if failure or defect has resulted from not proper use, abuse, or misuse, or resulting from improper maintenance, unauthorized repairs or failure to follow operational instructions are not covered.
YOU may make a claim under this EULA arising out of an event or events that occurred more than six (6) months after the event is, or should have been, discovered.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL ADAPTIVE RECOGNITION HUNGARY ZRT. BE LIABLE FOR ANY, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INOCOME, PROFIT, SAVINGS, OR BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF ADAPTIVE RECOGNITION HUNGARY ZRT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. ALL SUCH DAMAGES ARE EXPRESSLY DISCLAIMED.
YOU shall have the right to terminate this EULA at any time by removing and permanently deleting all copies of the SOFTWARE from your computer systems, destroying them and certifying this to Adaptive Recognition Hungary Zrt. by writing.
Adaptive Recognition Hungary Zrt. shall have the right to terminate this EULA and/or any License granted hereunder immediately on notice to YOU, if YOU: (a) violate the license restrictions, (b) violates the confidentiality restrictions stipulated in this EULA, (c) fails to make any payments when due, including any late charges that may have accrued after such payment became due, or (d) YOU breach any other obligation or provision of this EULA. In such event, you must erase, remove and permanently deleting all copies and destroy the hardware elements related to the SOFTWARE (including but not limited i.e. the SOFTWARE’s DVD, hardware key).
Upon termination of this Agreement the licenses granted hereunder and all other provisions of this EULA shall be terminated and YOU shall immediately cease using the SOFTWARE, and shall permanently delete all electronic copies thereof from YOUR systems. If this Agreement is terminated, this Agreement shall become void and of no further force and effect, except that the provisions of Article 2, 4, 7, 9 and 11 which shall survive after the termination of this Agreement.
9. GOVERNING LAW AND DISPUTES
The laws of the Hungary, without regard to any conflict laws provisions, govern this EULA and your use of the SOFTWARE and the related hardware (included but not limited the hardware key). Your use of the SOFTWARE may also be subject to other local, state, national, or international laws.
Any disputes arising from this Agreement, including those disputes relating to the validity, interpretation or termination of the Agreement, shall be exclusively and finally settled by the Permanent Arbitrate Tribunal formed beside the Hungarian Chamber of Commerce and Industry, Budapest, in accordance with its own rules of procedure. The place of jurisdiction shall be in Budapest. The application of the United Nations Convention on Contracts for the International Sales of Goods from this agreement is excluded.
To fulfil the commitments of Adaptive Recognition Hungary Zrt. under this EULA is subject to the provision that it is not prevented by any restriction arising from national or international foreign trade or customs requirements, including embargoes or other sanctions. YOU agree to comply fully with all applicable national and international export regulations including, but not limited to, those of Hungary, of the European Union and regulations of any other country or jurisdiction which may apply. In particular, but not in limitation of the foregoing, YOU must assure that the SOFTWARE IS not: (i) downloaded, exported, re-exported or transferred, directly or indirectly, contrary to any applicable law, or (ii) used for any purpose prohibited by applicable national and international export regulations or (iii) delivered to persons/entities otherwise ineligible to use the SOFTWARE.
11. DATA PROTECTION
YOU are entitled to use the SOFTWARE only in compliance with all applicable data protection laws and that it has obtained all necessary consents as required by applicable law in respect of personal data YOU transfer or make available to Adaptive Recognition Hungary Zrt. for any reason.
Without limiting the foregoing and however you are not required to send to Adaptive Recognition Hungary Zrt. any data, if you are a person or entity in the European Economic Area (EEA) or Switzerland and YOU transfer to Adaptive Recognition Hungary Zrt. personal data pertaining to data subjects in such locations, YOU hereby represent and warrant that any transmission of data from YOU to Adaptive Recognition Hungary Zrt. is fully compliant with the Regulation (EU) 2016/679, as the General Data Protection Regulation, together with any additional implementation legislation, rules or regulations that are issued by applicable supervisory authorities (“GDPR”) YOU represent and warrant that, as part of your compliance with these laws, you have provided any legally required notices and obtained any legally required consents for your sharing, transmission, and processing of Personal Data to Adaptive Recognition Hungary Zrt., including explicit consent for automated decision-making and other kinds of processing where required by law. Without limiting the foregoing, you represent and warrant that you have notified all such data subjects of and obtained all such data subjects’ explicit consent to all of the intended uses of such Personal Data by YOU in connection with your use of the SOFTWARE.