End User License Agreement

  The following is the legal software license agreement between you and the software end user, Cloud Camera,Inc. Please read this license agreement carefully before using the relevant Cloud Camera software (“Software”) and its related services (“Services”). Installing or using the Software or Service on a computer or other hardware device indicates that you have read this license agreement and agree to its Terms, as well as the Terms of Service and Privacy Policy.

  Grant of License

  This license allows you to use this software package or a copy of the software contained in the product on a PC or hardware device. For each software licensor, the program can be used on one PC or hardware equipment at any given time. This license does not permit you to use the Software on any hardware equipment or PC that you do not own or control, and you may not distribute it over the network or make the Software available to multiple networks for simultaneous use by multiple devices if the program will be installed on a network server and only for distribution to other computers. A special license permit from Cloud Camera is required if the program is going tobe installed on a network server for the sole purpose of distribution to other computers. You may not modify, translate, reverse assemble, decompile, disassemble, or otherwise attempt (i) to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Software, including without limitation any such mechanism used to restrict or control the functionality of the Software, or (ii) to derive the source code or the underlying ideas, algorithms, structure or organization from the Software (except to the extent that such activities may not be prohibited under applicable law). You may not use the Software for any purpose that is illegal in nature under the applicable laws in the jurisdiction where you use the Software.

  Use of content

  This Software is intended for use only with properly licensed media. You may not use the software for any purpose that infringes copyright, trademarks, patents, business secrets, publicity rights, or any other rights of third parties.

  Distribution of content

  You may use the Software only for your own personal non-commercial use and may not use the Software in any way or as part of any commercial service or application. If you are interested in any other use, please contact Cloud Camera. Copies of content files, including, but not limited to, songs and other audio recordings, which are downloaded or copied using the Software and which are protected by the copyright laws or related laws of any jurisdiction, are for your own personal use only and may not be distributed to third parties or performed outside your normal circle of family and social acquaintances.

  Copyright

  The Software contained in this package or device is protected by Chinese copyright laws, International treaty provisions, and all other applicable national laws. Software must be treated like any other copyrighted material, such as books and music recordings. This license does not allow the software to be rented, and the written materials (if any) of the accompanying software may not be copied.

  Ownership

  The ownership and all intellectual property rights in and to the Software and accompanying documentation and copies of any such documents shall remain the sole and exclusive property ofCloud Camera and/or its third-party licensors. You agree to abide by copyright laws and all other applicable laws. You acknowledge that the Software contains valuable confidential information and trade secrets of Cloud Camera and/or its third-party licensors.

  Disclaimer

  The Software and Services do not provide any form of warranty. The Software and Services make no warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and warranties of non-infringement of intellectual property rights, and Cloud Camera expressly denies all warranties not stated here. You assume the entire risk is related to the quality and performance of the Software and Service. If thesoftware proves to be defective, you, rather than Cloud Camera or an authorized dealer, assume thenecessary services and assume the full cost of necessary serviving, repair or correction. Some state jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

  Limited Liability

  Your sole remedy and entire liability of Cloud Camera and its licensors are set forth above. In any case, CAMERA and its licensors are not responsible to you or anyone else for any damages, including incidental or consequential damages, expenses, lost profits, lost savings, or other damages resulting from the use of or inability to use such Software and Service, Even if Cloud Camera or its licensors have been informed of the possibility of such damage. As some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, the above limitations may not apply to you.

  Export

  You will not export or re-export products containing this software without the corresponding foreign government license.

  High-Risk Activity

  This software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance or any other software failure that could directly result in death, personal injury, or severe physical or property damage (collectively, “High-risk activities”). Cloud Camera expressly denies any express or implied warranties of applicability for high-risk activities.

  Registration and Privacy

  The Software registration, purchase, and/or activation process may require you to provide personally identifying information such as your name, phone number, address, and email address.

  Cloud Camera will not share or sell such information with any third party unless: (i) Cloud Camera has your prior consent to disclose such information; (ii) Cloud Camera needs to disclose such information to provide products or services you’ve requested; or (iii) Cloud Camera is required to disclose such information as required by law, regulation, or litigation.

  The Software Usage Tracking

  You agree and consent to Cloud Camera monitoring your use of the Software to improve product usability. In doing so, Cloud Camera may log information about the usage information of selected product features, a unique machine ID, which is automatically generated when Cloud Camera Software is installed, and other Cloud Camera products installed on the same machine. Such usage information will not be collected together with any corresponding personally identifying information, and usage anonymity will be preserved.

  Software Update and Marketing

  The Software may cause your computer, without additional and/or prior notice, to automatically connect to the Internet and to communicate with Cloud Camera for the purpose of checking for available bug fixes, patches, additional features, plug-ins, and new versions(collectively “Software Updates”). You hereby agree that Cloud Camera may communicate information to you regarding Software Updates and special offers available from Cloud Camera, Cloud Camera Affiliates, and 3rd Party Partners.

  Indemnification

  You agree to hold harmless, indemnify, and defend Cloud Camera, its officers, directors, and employees, from and against any losses, damages, fines, and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) used, viewed, reproduced, downloaded, encoded, compressed, copied or transmitted any materials (other than materials provided by Cloud Camera) in connection with the Software in violation of another party's rights or in violation of any law, or (ii) violated any terms of this License Agreement.

  Termination

  This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Cloud Camera may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership.

  Cloud Camera may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

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