OpenALPR End-User License Agreement
Before installing and running the Software, you must check the "I Agree to the Terms of Service" checkbox on the license request page to acknowledge that you have read, understood and agree to be bound by these terms. If you do not agree to these terms, you may not receive a license key and the Software will not be available for use and you may not use the Software.
- Licensor hereby grants to Licensee a nonexclusive and nontransferable license to use the Software on the terms set forth below.
- References herein to "Order" shall mean any writing setting forth the terms and conditions governing the purchase by Licensee of one or more licenses to use the Software on hardware designated thereon (the "Designated Hardware"). Unless otherwise expressly agreed to in writing by Licensor, the terms of this agreement shall supersede any conflicting or additional terms on any Order.
- Licensor owns all right, title and interest, including without limitation, all patent rights, copyrights, trademarks and trade secrets, in and to the Software, and any new or modified work that is based on or derived from all or any part of the Software, or any work that would infringe any copyright or any other intellectual property right in the Software or that uses trade secrets or other proprietary information embodied in or used by the Software.
- Licensee shall not: (A) create a derivative of the Software in any form; or (B) decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Software or any portion of the Software.
- Licensor does not warrant that the use of the Software shall meet Licensee's requirements or that the operation of the Software shall be uninterrupted or error free.
- Licensor warrants that for the Warranty Period, the Software shall materially conform to the Documentation. Licensor's entire liability and Licensee's entire remedy under this warranty shall be, at Licensor's election, to: (i) use reasonable efforts to correct any material nonconformities discovered and reported within the Warranty Period; (ii) replace the nonconforming Software or (iii) refund license fees paid for such Software upon return of the Software to Licensor. ANY REFUND PROVIDED HEREUNDER SHALL BE DEEMED A REVOCATION OF THE LICENSE GRANTED FOR SUCH REFUNDED SOFTWARE AND SHALL BE LICENSOR'S ENTIRE LIABILITY AND LICENSEE'S ENTIRE REMEDY FOR REJECTION OF THE SOFTWARE. The remedies specified herein only apply if (a) Licensor is notified in writing of the nonconformities within the Warranty Period, (b) Licensor's examination of the Software confirms that such nonconformities exist, and (c) the Software has not been (x) altered or modified; (y) subjected to negligence, or computer or electrical malfunctions, or accident; or (z) used, adjusted or installed other than in accordance with the Documentation and on the Designated Hardware at the Designated Site.
- EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. LICENSOR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- LICENSOR SPECIFICALLY DISCLAIMS LIABILITY TO LICENSEE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE SALE OR DELIVERY OF THE SOFTWARE, THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF LICENSOR FOR DIRECT DAMAGES ARISING OUT OF THE SALE OR DELIVERY OF THE SOFTWARE, THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OR FEES PAID TO LICENSOR FOR THE SOFTWARE IN CONNECTION WITH WHICH SUCH DIRECT DAMAGES WERE INCURRED. LICENSEE ACKNOWLEDGES AND AGREES THAT THE PRICE TERMS OF THE OFFER DEPEND IN PART UPON THIS EXCLUSION OF WARRANTIES AND LIMITATIONS OF LIABILITY.
- This agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida excluding the laws of Florida relating to the resolution of conflict of laws of different jurisdictions, and where applicable, with the federal law of the United States. The forum selected for any proceeding or suit related to this agreement or otherwise arising out of Licensee's use of the Software shall be in the State of Florida. Licensee hereby consents to the foregoing courts' personal jurisdiction over it. This is intended to be a mandatory, and not a permissive, forum selection provision.
- The individual clicking "I Agree to the Terms of Service" when requesting a license key on behalf of Licensee represents that he or she has full power and authority to bind Licensee to this agreement.