AXIS SOFTWARE LICENSE AGREEMENT
This Software License Agreement (this “Agreement”) is a legal agreement between you (either an individual or an entity) and Axis Communications AB (hereinafter referred to as Axis) for the licensing of Axis Camera Extension for the SketchUp 3D CAD software application and any related documentation thereto, developed and owned by Axis (the “SOFTWARE”).
BY CLICKING ON THE “I ACCEPT” BUTTON, OR BY DOWNLOADING, INSTALLING, ACTIVATING OR COPYING OR OTHERWISE USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. PLEASE ENSURE THAT YOU HAVE CAREFULLY READ AND PROPERLY UNDERSTOOD THE ENTIRE AGREEMENT BEFORE AGREEING TO ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “I DON’T ACCEPT” BUTTON AND THE DOWNLOADING PROCESS WILL BE SUSPENDED.
1. GRANT OF LICENSE.
Subject to the terms and conditions of this Agreement and all applicable laws and regulations, Axis grants to you a non-exclusive, non-transferable, non-assignable, and non-sublicensable single-user license which gives you the right to install and use the executable version of the SOFTWARE on an unlimited number of devices (computer, tablets or smartphones) provided that only one individual uses the SOFTWARE and only one copy of the SOFTWARE is in use at any one time. If you are an entity, Axis grants you the right to designate one individual within your organization to have the sole right to use the SOFTWARE in the manner provided above. A separate license is required for each additional use and/or individual user.
The SOFTWARE is in “use” on a device when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM or other storage device) of that device.
You may make copies of the SOFTWARE in executable object code form for (a) backup purposes, and (b) in order to support your use of the SOFTWARE as permitted by this Agreement. You must reproduce on each copy of the SOFTWARE any and all copyright notices and any other proprietary legends on the original copy thereof.
You may only use the SOFTWARE as permitted by applicable law, regulations and guidelines.
2. THIRD PARTY PROGRAMS AND MATERIALS.
The SOFTWARE is developed, and is licensed to be used, as an extension to and in conjunction with Trimble SketchUp, a software developed by Trimble Navigation Limited. This Agreement does not provide any rights in or to the Trimble SketchUp software. The license terms associated with Trimble SketchUp govern your use of the same and you are responsible for obtaining all rights required for use thereof. By accepting this Agreement, you also accept to be bound by the Trimble SketchUp APIs Terms of Service. The Terms of Service are located at http://www.sketchup.com/intl/en/developer/api-terms-of-service.pdf.
You acknowledge and agree that some portions of the SOFTWARE may be based on industry recognized standards and that certain third parties may claim to own patents or other intellectual property rights that covers the implementation of those standards. The SOFTWARE may, in addition hereto, include other third party programs or materials that are governed by the third party’s license terms including, without limitation, open source software. The license terms associated with such third party material govern your use of the same, and by accepting this Agreement, you are also accepting to be bound by such additional terms and conditions, if any. You acknowledge and agree that this Agreement does not convey any license to any such third party materials.
Axis is under no circumstances liable to you for third party programs and materials and Axis specifically disclaims any liability whatsoever for any actual or alleged intellectual property infringement claims from any third party that relate to your use of the SOFTWARE.
3. COPYRIGHT, ETC.
The SOFTWARE contains copyright protected material, trade secrets and other proprietary information and material of Axis and/or its licensor(s), if any, and is protected by copyright laws, international copyright treaties and trade secret laws, as well as other intellectual property laws and treaties. Therefore you must treat the SOFTWARE like any other copyright protected material (e.g. a book or a musical recording).
Except only as expressly stated herein, you are not granted any right or license with respect to the SOFTWARE or any part thereof. Axis and/or its licensor(s) reserves all rights not expressly granted to you by this Agreement.
4. OTHER RESTRICTIONS.
The SOFTWARE is licensed, not sold to you, and it can only be used in accordance with the terms of this Agreement. You are responsible for all activities with respect to the use of the SOFTWARE. Except as expressly authorized in this Agreement or by applicable law, you may not:
work around any technical limitations in the SOFTWARE;
reverse engineer, decompile, disassemble or create derivative work of the SOFTWARE;
publish the SOFTWARE for others to copy;
rent, lease or lend the SOFTWARE;
distribute or transfer the SOFTWARE or make it available over a network where it could be used by multiple users transfer the SOFTWARE to any third party;
transfer or assign this Agreement;
use the SOFTWARE for commercial software hosting services; or
use the SOFTWARE to commit or attempt to commit a crime or facilitate the commission of any crime or other illegal or tortuous acts, including any breach of privacy or infringement, violation or misappropriation of any intellectual property rights and/or other proprietary rights of any third party.
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from Axis if you fail to comply with any term(s) of this Agreement. Upon the termination of this Agreement, you shall cease all use of the SOFTWARE and destroy all copies, full or partial, of the SOFTWARE.
7. GOVERNING LAW.
This Agreement shall be deemed performed in and shall be construed by the laws of Sweden.
THE SOFTWARE IS DELIVERED “AS IS” (Swe: befintligt skick) WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK AS TO THE USE, RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED SOLELY BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AXIS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR ANY WARRANTY ARISING OUT OF ANY PROPOSAL, SPECIFICATION OR SAMPLE WITH RESPECT TO THE SOFTWARE. AXIS DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AXIS OR AN AXIS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
9. LIMITATION OF LIABILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, UNDER NO CIRCUMSTANCES WILL AXIS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, ECONOMIC, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATED TO THE SOFTWARE, INCLUDING THE SALE, PURCHASE, DELIVERY, USE OR OTHER DISPOSITION OF THE SOFTWARE, EVEN IF AXIS HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED. SUCH LIMITATION ON DAMAGES INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS OF DATA OR SOFTWARE, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR IMPAIRMENT OF OTHER GOODS. AXIS TOTAL LIABILITY WITH THE SALE, PURCHASE, DELIVERY AND USE OF THE SOFTWARE SHALL NOT EXCEED THE PRICE PAID FOR THE SOFTWARE. IN NO EVENT WILL AXIS BE LIABLE FOR THE COSTS OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR SERVICES. THIS LIMITATION OF LIABILITY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.